Software utilization conditions

of

S. Siedle & Söhne Telefon- und Telegrafenwerke OHG,
Bregstraße 1, D-78120 Furtwangen

(hereinafter called "Siedle")

1. Print version, setup
1.1 A print version of these utilization conditions can be downloaded and printed out during installation (setup) of the software.

1.2 By completing the installation without cancelling, the user has agreed to all the conditions of these utilization conditions as binding.

2. Object of the Agreement 
2.1 The object of the agreement is utilization (Licence) of the software (Licensed Material) by the user. The Licence encompasses the non-transferrable  right to utilize the Licence Material under the conditions outlined below.

2.2 The software is made available to the user by downloading from the Internet. The software includes utilization documentation which can also be downloaded and printed out by the user. 

3. Scope of utilization rights 
3.1 The user is entitled to utilize the software continuously at all times. The utilization right is not exclusive and cannot be unilaterally revoked. Duplication (including copying) is only permitted for the purposes of loading, displaying, running, transmitting or storage of the software with a view to its execution and for processing the contained data records in a single, for example the purchased, data processing unit (single workstation use). Simultaneous multiple utilization within a network is not permitted.

3.2 The licence restriction as per point 2.1 above arises on the basis of the software copyright (Arts. 69 a ff. UrhG, German Copyright Act). For this reason, duplication (also in the form of the program code printout), translation, processing, arrangement any other modifications, any kind of distribution and any kind of public reproduction including affording public access are only permissible within the framework of Arts. 69 d and 69 e UrhG.. The production of a single back-up copy of the software plus the application documents which is kept for the sole purposes of the user and marked as such is admissible and forms part of the contractually agreed utilization rights. Alterations which the originator cannot reasonably refuse shall be permissible (Art. 39 section 2 UrhG).

The originator is Siedle (www.siedle.com).

4. Transfer 
The user is prohibited from transferring the software in any form (also from resale or leasing). 

5. Protection of the Licensed Material 
5.1 The user undertakes to retain the proprietary notes contained in the software such as copyright indication, other legal provisos and all other characteristics serving the purpose of program identification without modification and to adopt these in unmodified form in the complete or partial copy of the software and application documentation produced by the user under the terms of this Agreement.

5.2 The user shall make a record of copies or partial copies of machine-readable software produced by him under the terms of this Agreement, shall maintain this record in a safe location protected from unauthorized third party access and shall provide Siedle with the relevant information on request.

6. Recompilation 
The recompilation of the provided program code in other code forms and any other types of reconstruction of the various software manufacturing steps (reverse engineering) including program modifications are inadmissible, excepting where such actions are imperative to establishing inter-operability with other programs as outlined in Art. 69e point. 1 UrhG.

7. System requirements 
7.1 The software is used exclusively for operation in conjunction with the Siedle data processing unit.

7.2 Other system requirements 

Please read Readme.txt inside this folder.

8. Warranty
8.1 Warranty claims exist only in the event of irreparable defects.

Siedle accepts no warranty for defects occurring due to modification or processing of the software by the user or third parties or due to any deviation from the specified system requirements or any other utilization of the software not in accordance with its intended purpose.

8.2 In case of software defects, Siedle is entitled and obliged on up three occasions to provide a remedy or supply a new product at its discretion within a reasonable period at no charge, within the statutory period of limitation. Should attempts to remedy the defect be unsuccessful, the user may withdraw from the Agreement or proportionally reduce the remuneration made for the Siedle data processing unit in accordance with point 10. Otherwise, the statutory warranty rights are applicable.

9. Third party industrial property rights
9.1 If justified claims are asserted against the user due to infringement of industrial property rights, in particular copyright claims, based on the contractually used software, or if such claims are to be expected, Siedle may at its own expense modify or exchange the software to a degree which may be deemed reasonable to the user. Should it not be possible to  do so or to effect a right of utilization at reasonable cost, either contractual party may withdraw from the purchase agreement relating to the Siedle data processing unit. This shall not apply in the event that the infringement of industrial property rights applies only to update versions of the Siedle software. This shall not affect any claims to damages as outlined under point 10.

9.2 The user shall not be entitled to assert claims due to the infringement of industrial property rights should these be based on use of the software and the database contained in it in any other than the supplied valid unmodified original version or under any other than the application conditions specified in the system requirements, or outside of the framework outlined in this Agreement.

9.3 The obligations outlined under point 9.1 shall also only be deemed to exist provided that the user informs Siedle regarding claims asserted by third parties without delay in writing, but at the latest within 14 working days of such claims coming to its knowledge, that the user does not acknowledge any infringement and that all defensive actions and composition negotiations with the third party are reserved to Siedle. Should the user desist from utilization of the software in the event of an asserted property right infringement, the user shall be obliged to inform the third party that the action in no way constitutes an acknowledgement of any infringement of property rights.

10. Liability, data backup
10.1 Claims to damages and reimbursement of expenditure on the part of the user (in the event of uniform claims to damages or damage), whatever their legal basis, in particular due to infringement of obligations arising from the contractual obligation and from tort, are excluded.

10.2 The liability exclusion outlined under point 10.1 above does not apply should Siedle have statutory liability, for instance in accordance with the Product Liability Act, in the event of premeditation, gross negligence, injury to life or limb, or due to infringement of material contractual obligations. A material contractual obligation is an obligation on which the proper execution of contract is dependent, or on the fulfilment of which the user may regularly rely. In the event of infringement of material contractual obligations, however, Siedle's liability is limited to contractually typical foreseeable damage, excepting in cases of premeditation or gross negligence, or of injury to life and limb. These rulings are not linked to any change of the onus of proof to the detriment of the user.

10.3 The user is notified that he is under an obligation in the interests of damage limitation to ensure regular back-up of data, and to take any additional actions to safeguard data which could reasonably be expected in the event of a suspected software error.

10.4 Siedle shall not be liable for loss of data or hardware defects caused due to incompatibility of components existing on the user's computer system with the new or modified hardware and software, or for system faults which could arise due to existing faulty configurations or incompletely removed drivers.