Licensing Terms
1. Subject of the Contract
Subject of the contract is the software program, provided via download or data storage device, the program description and operating instructions, as well as other appropriate written material. They are referred to as “software” from here forward. CAQ AG Factory Systems makes it known that it is not possible, at the current stand of technology, to create computer software in such a way that it operates completely error free in all applications and combinations. The subject of the contract is therefore only software which is basically useful as defined by the program description and the operating instructions.
2. Range of Use
For the duration of this contract, CAQ AG Factory Systems grants you the non-exclusive right (hereinafter also referred to as "license") to use the enclosed copy of the software. The licenses at hand are so-called floating licenses. This means that the actual number of users who may use the software-system simultaneously is determined by the number of licenses you have purchased. Depending on the license model selected, the Software may be used either only in one location or across multiple locations.
A location in the sense of this contract is defined as the headquarters, branch office, subsidiary, or independent production facility of a company and its affiliated companies. For the purposes of these Terms and Conditions, all business units and subsidiaries in which the licensee directly or indirectly holds at least fifty (50) percent of the capital or shares with voting rights are to be considered affiliate companies. This may also be reciprocal.
3. Special Limitations
The license holder is forbidden to amend, translate, reverse engineer, decompile, or disassemble the software, to create any projects derived from the software, or to reproduce the accompanying written material without explicit previous written consent of CAQ AG Factory Systems.
4. Ownership of Rights
By purchasing this product, you gain ownership of a license to use the software. Ownership of rights to the software itself is not connected to any such purchase. The delivered or to be delivered software packages are the intellectual property of CAQ AG Factory Systems. CAQ AG Factory Systems reserves all rights connected to publication, reproduction and duplication, revision, and usage of the software.
5. Transfer of User Rights
The user rights to this software can only be transferred to a third party with explicit previous written consent from CAQ AG Factory Systems and under the conditions of this contract. Giving the software as a present, as well as renting or leasing of the software is prohibited.
6. Duration of Contract
This contract is valid for an undetermined period of time. The right of the license holder to use this software becomes invalid automatically, without prior notice, when the licensee violates the provisions outlined in this contract. When usage rights expire, the licensee is obliged to delete or destroy all copies of the software including any amended copies as well as any accompanying written material (exempted from this are backups).
7. Damages Due to Contract Violations
CAQ AG Factory Systems hereby declares that you are liable for resulting damages to CAQ AG Factory Systems that stem from a violation of these contract provisions and occur due to copyright violations.
8. Changes and Updates
CAQ AG Factory Systems has the right to release updates of the software according to its own judgment. CAQ AG Factory Systems is not obligated to make updates of the program available to license holders that do not have a valid TSP contract or have not paid the update fee.
9. Warranty and Liability of CAQ AG Factory Systems
a) CAQ AG Factory Systems guarantees that no defects are present at the time of the transfer of the download or data storage device which contains the software and the accompanying hardware during normal usage conditions and normal service.
b) If the data storage device or download or the delivered hardware should be defective, then the buyer can expect an exchange during the warranty period of 6 months after delivery.
c) If an error as described in 9b) cannot be corrected by replacing the product within a reasonable time period, the buyer can either demand a reduction in price or cancellation of contract.
d) CAQ AG Factory Systems does not assume liability due to the reasons stated under 1. for any software defects. CAQ AG Factory Systems is not responsible to assure that the software suits the buyers needs and purposes or that it will work with other programs. The buyer assumes responsibility for the correct choice of software and the consequences of usage, as well as for any results, actual and planned. The same applies for the accompanying written material. If the software is not basically usable in the sense of 1., then the buyer has the right to cancel the contract. CAQ AG Factory Systems has the same right if the production of software in order to fulfil the clause under 1. is not possible with due effort.
e) CAQ AG Factory Systems is not liable for damages unless they are caused due to negligence of CAQ AG Factory Systems. Liability in the case of written guarantees of features is not part of this. Liability for damages caused by defects, which are not part of the assurance, are excluded.
10. This contract is exclusively subject to the laws of the Federal Republic of Germany.