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Please note:This software is protected under German and/or US American Copyright Laws and provisions in international treaties. Unauthorized reproduction and distribution of this software or parts of it is liable to prosecution. It will be prosecuted according to criminal as well as civil law and may result in severe punishment and/or damage claims.Please read all license provisions applicable to this software before installing and using this software. You will find them after this note.If you purchased this software on a CD marked as "Trial-Version" or together with another licensed software for you, this software may only be used for test and validation purposes according to the provisions of this Trial License stated after this note. A prerequisite for this kind of use is the installation of programs, software libraries, etc., on your computer.THEREFORE, WE RECOMMEND TO INSTALL IT EITHER ON A STANDALONE COMPUTER OR ON A COMPUTER WHICH IS NOT NEEDED IN PRODUCTION OR FOR KEEPING IMPORTANT DATA BECAUSE WE CANNOT TOTALLY EXCLUDE THAT EXISTING DATA WILL BE MODIFIED OR OVERWRITTEN. THEREFORE, WE WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THIS INSTALLATION OR FROM IGNORING THIS LEGAL NOTICE AND/OR FOR LOSS OF DATA.ANY OTHER TYPE OF USAGE OF THIS SOFTWARE IS ONLY ADMISSIBLE IF YOU HAVE A VALID LICENSE FROM US. IF YOU DO NOT HAVE A VALID LICENSE (WHICH HAS TO BE ESTABLISHED BY SUBMITTING A CORRESPONDING CERTIFICATE OF LICENSE/SOFTWARE PRODUCT-SHEET, YOU HAVE TO INTERRUPT THE INSTALLATION PROCESS IMMEDIATELY AND CONTACT OUR NEAREST OFFICE TO AVOID ANY DAMAGE CLAIMS.General License Conditions for Software Products for Automation and Drives(2011-04-01)1. Supply of Software to Licensee and Granting of Rights to use the Software1.1 These General License Conditions shall exclusively apply to the delivery of Software for Automation and Drives to the Licensee. General terms and conditions of the Licensee shall apply only where expressly accepted in writing by us. The scope of delivery of the Software shall be determined by the congruent mutual written declarations of both parties. We shall grant the Licensee rights to use the software specified in the Confirmation of Order or, if the Licensee does not receive a Confirmation of Order, the software specified in the Certificate of License or that specified in the Software Product Sheet, if the Licensee is instead submitted a Software Product Sheet (hereinafter referred to as "SW"). The Certificate of License and the Software Product Sheet shall be collectively referred to as "CoL" hereinafter. The Licensee shall be submitted the CoL when the SW is supplied or in conjunction with the delivery bill. The way in which the SW is supplied is also derived directly from the Confirmation of Order or from the SW purchase order number contained in the Confirmation of Order, in conjunction with the associated order data of our catalog valid at the time of the Confirmation of Order (hereinafter collectively referred to as "Order Data"), or from the CoL. If the Licensee does not receive a data medium, it shall be authorized to copy the SW already available to it to the extent necessary to exercise the rights to use the SW granted to it. The aforesaid shall apply, mutatis mutandis, to electronic supply of the software (downloading). Where reference is made to the Order Data or the CoL in these General License Conditions, the reference to the CoL is of significance if the Licensee has not received a Confirmation of Order. In any case, the data contained in the Order Data is also contained in the CoL.1.2 The Documentation relating to the SW (hereinafter referred to as "Documentation") shall be purchased separately, unless either the Order Data or CoL contains a stipulation stating that it belongs to the scope of delivery. If the Licensee is authorized to copy the SW in accordance with Clause 1.1, this shall also apply to the Documentation provided that it is included in the scope of delivery.1.3 In the event that we submit a License Key to the Licensee, which unlocks the SW (hereinafter referred to as "License Key"), this License Key must also be installed.1.4 The rights granted to the Licensee with respect to the SW are based on the License Type (see Section 2) and the Software Type (see Section 3). The license and Software Types are detailed in the Order Data or CoL. If the SW is supplied electronically or if copying rights are granted for it, the rights and duties specified in these General License Conditions shall apply to the legitimately generated copies.1.5 If the Licensee is legitimately in possession of a previous SW version/release (hereinafter referred to as "Previous Version"), the Licensee shall be authorized to exercise the rights to use the SW granted to it either with respect to the SW or - if this is intended from a technical point of view - to the Previous Version, at its own discretion (downgrading). If the SW is an Upgrade or PowerPack in accordance with Section 4, Section 4 shall apply additionally.1.6 If Previous Versions are listed in the Readme file of the SW under the category ?parallel use?, the Licensee has the right to exercise, alternatively to the user rights granted to him for the SW, the user rights for the listed Previous Versions in one (1) Instance. If the ?Type of use? named in the Order Data or the CoL is: ?Installation? or ?User?, the Licensee is entitled to the previously described right additionally to and at the same time as the Previous Versions listed in one Instance. An ?Instance? in the context of these General License Conditions is either an instance in a physical operating system environment or an instance in a virtual operating system environment. The transferability of the user rights onto Previous Versions is only permissible in conjunction with the user rights for the SW in accordance with Clause 5.3.1.7 In case the Licensee obtains only the data media but no license as per the Order Data or the CoL, any use of the SW by the Licensee is subject to the acquisition of a license according to Section 2. Up to the acquisition of the license, the Licensee is not entitled to supply the SW to third parties.1.8 In case the SW contains Open Source Software (hereinafter referred to as "OSS") the OSS is listed in the Readme_OSS-file of the SW. The Licensee is entitled to use the OSS in accordance with the respective license conditions of the OSS. The license conditions are provided on the same data carrier as the SW. The license conditions of the respective OSS shall prevail over these General License Conditions with respect to the OSS. If the license conditions of the OSS require the distribution of the source code of such OSS we shall provide such source code on request against payment of the shipping and handling charges.1.9 The SW may be or contain licensed software other than OSS, i.e. software which has not been developed by us itself but which has been licensed to us by a third party (hereinafter referred to as the "Licensor"), e.g. Microsoft Licensing Inc. If the Licensee receives the terms and conditions stipulated by the relevant Licensor together with the SW in the Readme_OSS file in this case, such terms and conditions shall take precedence over these General License Conditions. If the SW is or if it contains licensed software and if the Licensee receives conditions from the relevant Licensor with the SW, these conditions apply with respect to the Licensor's liability vis-?-vis the Licensee. Our own liability vis-?-vis the Licensee shall be governed in any case by these General License Conditions.2. License TypeDepending on the License Type, the Licensee shall be granted the following rights to the SW:2.1 Single License (One Off License, Copy License)The term "One Off License" or "Copy License" which may be used in the Software Product Sheet corresponds to the term "Single License". The following regulation shall apply to the full scope of the One Off License / Copy License. The Licensee shall be granted the non-exclusive right, transferable in accordance with Clause 5.3 and valid for an unlimited period of time, to install the SW in one (1) Instance and to utilize the SW thus installed in the manner specified in the Order Data or CoL (see "Type of Use").2.2 Floating LicenseThe Licensee shall be granted the non-exclusive right, transferable in accordance with Clause 5.3 and valid for an unlimited period of time, to install the SW on any desired number of the Licensee's hardware devices. The number of objects (for example, users or devices) permitted to utilize the SW at the same time can be derived from the Order Data or CoL (see "Type of Use).2.3 Rental LicenseThe Licensee shall be granted the non-exclusive right, transferable in accordance with Clause 5.3 and limited in time as stipulated in the Order Data or CoL (see "Type of Use"), to install and use the SW in one (1) Instance. If the period of use is specified in hours, the usage decisive for the calculation of the time limit commences with the software start-up and finishes with its shut-down. If the period of usage is specified in days, weeks or months, the specified period, which commences in conjunction with the first SW start-up, shall apply independently of the actual time of usage. If the period of use is specified with a date, the right of use ends on this date ? regardless of the actual period of use.2.4 Rental Floating LicenseThe Licensee shall be granted the non-exclusive right, transferable in accordance with Clause 5.3 and limited in time as stipulated in the Order Data or the CoL (s. ?Type of use?), to install the SW on any desired number of the Licensee's hardware devices. The number of objects (for example, users or ...
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