TQ-Systems Product Software License Agreement Version 1.0.1

Copyright 2020-2022 TQ-Systems GmbH (TQ), D-82229 Seefeld, Germany.
All rights reserved.

It is permitted to copy and distribute this document true to word.
The software is classified as product-specific software and bound to
the use with the product.
The software is provided in machine-readable form (binary or object code)
and source code form.

§1 Scope of Use and Usage Period
  1. The rights to the TQ software - in particular the copyright and
     additional industrial property rights - shall remain exclusively
     with TQ even if the software has been modified by you or your company.
     You are prohibited from using this Software in any way other than
     as described in the following provisions of this Agreement.
  2. The ordinary, non-exclusive right to use the Software shall only apply in
     direct connection with the Product. Product means that parts of the
     software has been developed by TQ or a company affiliated with TQ.
     You are prohibited from using the software developed by us on any other
     product (e.g. from third parties).
     Any transfer to third parties is bound by the provisions of this
     Agreement.
  3. You may not distribute the software or a modified version of the software
     to third parties in source code format.
  4. Any use of the software that goes beyond the scope of the previous
     provisions requires our written consent.
  5. We reserve the right to assert claims for damages.
  6. You are only entitled to sub-license the software in connection with
     the product.
  7. In the event of sub-licensing, you must also ensure that no
     additional rights to the Software are granted to sublicensees other
     than those granted to you under these License Terms.
  8. If you transfer your rights to the Software to any third party, you
     must destroy any untransferred copies of the Software.

§2 Warranty; Liability
  1. We expressly point out that it is not possible according to the
     state of the art to develop more complex software in such a way
     that an error-free function is guaranteed under all application
     conditions. We therefore only guarantee that the delivered software
     is suitable for contractual use in accordance with the description
     created or accepted by us.
  2. In the event of major, significant and reproducible deviations of the
     software functionality from the product description or specification, we
     are entitled, at our discretion, either to refund the purchase price paid
     by you or to carry out subsequent performance in the form of a new
     delivery or repair of the product, within a reasonable period of time.
     If, within the framework of the supplementary performance chosen by us,
     we are unable to eliminate the considerable deviations in the
     functionality of the software that have occurred within a reasonable
     period by providing a defect-free update or upgrade of the software or to
     circumvent them in such a way that you are able to use the software in
     accordance with the contract, you may claim a reduction in the agreed
     remuneration or withdraw from the contract. Any further claims are
     excluded to the extent permitted by law.
  3. We do not warrant for minor deviations in the functionality of the
     software from the product description or specification.
  4. The warranty period is one (1) year, unless longer periods are
     required by law. It begins with the acceptance of the software by
     you or - if a formal acceptance is not planned or does not take
     place - at the latest two (2) weeks after delivery or actual transfer.
  5. We do not warrant or assume any liability beyond the scope of use
     described in paragraph 1 with respect to the proper selection,
     application and use of the Software. This applies in particular to
     improper use, in particular the use of incompatible hardware or
     software, modifications or extensions to the software made
     independently by or at your instigation, the culpable omission of
     regular data backup and other cases of incorrect or negligent
     handling by you.
  6. If you use the software outside these license terms, all warranty
     and liability claims are void. The aforementioned warranty or
     liability limitations shall not apply in cases of injury to life,
     limb or health, in cases of liability falling within the scope of
     the Product Liability Act, insofar as the software lacks a property
     or quality expressly warranted by us or we are at fault in the form
     of intent or gross negligence.

§3. Additional conditions
  1. Copies of the software must contain a literal copy of this document.
  2. TQ-Systems may revise this License from time to time.
     Each Revision is identified by a Version number.
     You may either use this Software within the scope of this version
     or the license or under the conditions of a later Revision of the
     license.