end user license agreement

7/17/2019 End User License Agreement

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Festo Didactic GmbH & Co. KG ("Festo")License contract

Festos conditions for the use of software packages

Proprietary rights and scope of useThe product contains data-processing programs and the associated product descrip

tions.These in their entirety are referred to below as the software package. Festo orthirdparties hold proprietary rights in respect of these software packages.Festo has acquired the appropriate licenses where these rights are held by third parties.Festo grants the purchaser a license for use under the following conditions:

1) Scope of usea)The software package may only be used on or in conjunction with one machine(i.e. one computer with only one central processor unit and one VDU).

This license is limited to the execution of the software package on that machine.b)Insofar as the packages are linked with other programs, these may also only beused on one machine.c)The programs supplied, and any programs associated with them, may be copied inmachine-readable or printed form if the copy is intendedfor backup purposes. Clause 1a is also applicable to copies.d)Other forms of use, in particular reproduction for other purposes and passingthe software package on to third parties in contraventionof the specifications of clause 3, or any modification or other type of use,

are not permitted.e)For multiple or network licenses, the above regulations only apply insofar as nothing to thecontrary is specified herein under item e). Where licensing as a network license takes placevia a supplied dongle on a license server in the network of the Licensee, then the Licenseemust ensure that usage of the license is restricted to members of staff and users accordingto $$ 2 and 3 of the additional agreements for CIROS (see below). For network licenses,

where the Licensee permits usage for this specified user group beyond the localnetwork viainternet connections, the Licensee must ensure through appropriate technical procedures,that the above conditions are complied with and that usage, in particular for third parties,is excluded.

2) Copyright noticeEach program includes a copyright notice. This notice must be included in everycopy,in all edited versions and in every part of the program associated with other programs.

3) Transfer of licenseThe purchaser may transfer his license to a third party as a whole to the extent



of andwith the restrictions on the conditions specified in clauses 1 and 2. The thirdpartymust be made expressly aware of these conditions. On transfer, the seller looses allrights to use the package, including all copies, edited versions and associatedprograms.

These shall be destroyed if they are not transferred to the third party.

4) Any conditions originating from other producers contained in this software package arenull and void.

Export of the software packageWhen exporting the software package, the licensee shall comply with the export regulations ofthe Federal Republic of Germany and the country in which the software package was acquired.

Warranty

1) Festo guarantees that the software program it has produced complies with theapplicationdescription and the program specification, but not that the functions containedin thesoftware run completely without interruption or error or that the functions containedin the software may be executed in all the combinations and operating conditions providedby the licensee, or that they meet the licensees requirements.

2) Defects in the software notified by the licensee within the warranty period i

n areproducible fashion will be rectified by Festo within a reasonable period to the exclusionof all further claims against this warranty.

3) If Festo does not meet its obligation to rectify defects within a reasonableperiod, orif the modification ultimately fails, the licensee is justified in requesting areasonablereduction in the licence fee or to cancel the contract.

4) The warranty period is 3 months and commences with the shipping or handover of the licensedmaterial.

5) The warranty is voided if defects are caused by modifications made by the licensee him-selfto the operating conditions prepared for the program and described in thedocumentation/functional specification. If the defect cannot be established, orif a malfunctionis a con-sequence of circumstances for which Festo cannot be held responsible, the licenseeshall be held responsible for Festos costs.

Liability/Limitations of liability

6) Claims for damages on the part of the licensee, and in particular liability for



consequential losses, are excluded, whatever the legal grounds; this applies for all claimsrelating to im-practicality, non-fulfilment, positive breach of contract, tort and default.

7) Furthermore, Festo is not liable for inadequate economic results, or for losses incurred by or

claimed by third parties, with the exception of claims arising from infringement of a thirdpartys proprietary rights.

8) The limitations on liability specified in paragraphs 1 and 2 do not apply incases of maliceor gross negligence, or the absence of guaranteed features where compulsory liability applies.In cases of this nature, Festos liability is limited to those lossesthat were recognisable to Festo on the basis of the situation at hand.

Safety guidelines/ Documentation

Warranty and liability claims in accordance with the above specifications (clauses III and IV)are valid only if the user has complied with the safety guidelines in the documentation inconjunction with the use of the machine and the safety guidelines for this.The user is himself responsible for ensuring the compatibility of our software package withthe users machine.

Additional Appointments in Case of Using CIROS® for Tele-Operation of Production Systems

1) The Licensee confirms that he was acquainted with all dangers for human and machine in caseof tele-operation.Also, he confirms that he was briefed in using CIROS® for tele-operation of production systems.

2) The Licensee is responsible for confirmation of operators to execute production processesinitiated by CIROS® for tele-operation.The confirmation comprises the notification of operators and their acknowledgement. The Licenseeis aware of the operators responsibility for safety and operativeness of the production systemat any time.

3) The liability and warranty of CIROS® also aim for CIROS® in tele-operation. Moreover, theLicensee is not able to assert any claims because of defects or consequential damages of CIROS®.Additionally, RIF e.V. and Festo Didactic GmbH & Co. KG is not liable or responsible for impropertele-operation of production systems using CIROS® software.

-------------------------------------Additional license agreement for CIROS® software

Preface



This Festo license agreement for pupils, students and teachers constitutes a legally valid contractbetween you and Festo Didactic GmbH & Co.KG. You must keep this license agreement in order toprove that you were granted licensing rights by Festo.By using the software product licensed in accordance with this license agreement you declare your

commitment to the stipulations contained in this license agreement. If you are not in agreementwith the stipulations of this license agreement, you may not use the software.In the context of this license agreement, the term software refers to each part of the packageCIROS:

1) Granting of a licenseThis license agreement grants you the right to use the software in accordance with thegeneral license agreement for software packages of Festo , which are enclosed with each software

package of Festo.

2) The use of the software is only permitted within the framework of training and furthertraining at schools, colleges of further education, licensed education al institutions, as wellas within the framework of reasearch and studies at universitioes and non-profit-makingresearch institutions. The software may not passed, rented out, leased or lent to third parties.

3) The use of the software at private adult education institutions shall be only be permitted

within the framework of licensed educational measures which are implemented in accordance withthe Employment Promotion Act, the Federal Law concerning the Promotion of Education or theVocational Training Law. The acquired school software must be used exclusively for theimplementation of the promoted courses.

4) Research institutions may only use the software provided that the objectivesand contentof the relevant research are not geared towards commercial profit , as confirmed by therelevant ministry in charge.

5) The use of the software in non-profit-making societies shall be only be permitted fornon-commercial training and further training measures or research projects, on the provisothat such courses are accessible to the public.

Festo reserves the right to perform inspections. Infringements of these stipulations and of theFesto license agreement shall be prosecuted in every case under criminal and civil law.

end user license agreement

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