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
1. Supply of Software by Siemens AG to Licensee and Granting of Rights to
use the Software
1.1 The written declarations of both parties
shall apply to the delivery of Software for Automation & Drives to the
Licensee. General terms and conditions of the Licensee shall apply only where
expressly accepted in writing by us.
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 List (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 respectively 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 contain a stipulation stating that it is
included in 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
for the SW to the Licensee, this 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 Clause 2) and the Software Type
(see Clause 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 Clause
4, Clause 4 shall apply additionally.
1.6 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 Clause 2. Up
to the acquisition of the license, the Licensee is not entitled to supply the
SW to third parties.
2. License
Type
Depending on the License Type, the
Licensee shall be granted the following rights to the SW:
The term “One Off
License” or “Copy License” which may be used in the Software Product List
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 on one (1) hardware
device and to utilize the SW thus installed in the manner specified in the
Order Data or CoL (see “Type of Use”).
2.2 Floating 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 on any desired number of the
Licensee’s hardware devices. The number of persons permitted to utilize the SW
at the same time (“Users”) can be derived from the Order Data or CoL (see “Type
of Use).
2.3 Rental License
The 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 the
SW on one (1) hardware device and to use it. 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.
2.4 Trial License
The Licensee shall be granted the
non-exclusive and non-transferable right to install the SW on one (1) hardware
device and to use it for validation purposes in the manner specified in the
Order Data or CoL (see “Type of Use”). The period of usage is limited to 14
days and commences with the SW start-up, unless a different period of usage is
specified in the Order Data or CoL.
3. Software
Type
If the Software Type is not specified
in the Order Data or CoL, the rights specified in Clause 3.2 (Runtime Software)
shall apply to the SW.
3.1 Engineering Software (hereinafter
referred to as “E-SW”)
In the event that the Licensee uses
E-SW to generate its own programs or data containing parts of the E-SW, the
Licensee shall have the right, without having to pay any license fee, to copy
and to use these parts of the E-SW as a part of its own programs or data, or to
supply them to third parties for use. In the event that such parts are supplied
to third parties for use, these parties shall be bound in writing to comply
with stipulations corresponding to those in Clauses 5.1 and 5.2 with respect to
the above parts of the E-SW.
3.2 Runtime Software (hereinafter
referred to as “R-SW”)
If the Licensee incorporates R-SW or
any parts thereof into its own programs or data, it shall purchase a license
with respect to the R-SW each time it installs or copies – depending on what is
done first - its own programs or data containing R-SW or parts thereof, in
accordance with the relevant intended Type of Use and on the basis of the Siemens
catalog valid at that time. In the event that the Licensee supplies the
specified programs or data to third parties for their use, these parties shall
be bound in writing to adhere to stipulations corresponding to those in Clause
5, with respect to the R-SW parts contained therein.
The aforesaid shall not affect the Licensee’s obligation to purchase a license
for the R-SW if the R-SW original is copied.
If the R-SW contains
tools for parameterization/configuration and extended rights have been granted
in this regard, this will be detailed in the Readme file of the R-SW.
4. Upgrade and PowerPack
If it is apparent from
the Order Data or CoL, e.g. by the addition “PowerPack” or “Upgrade” after the
SW product name, that the SW is an upgrade for another software item
(hereinafter referred to as “Source License”), the Licensee shall also have the
rights to use the SW granted to it with respect to the Source License as soon
as this has been upgraded with the Upgrade/PowerPack. The rights originally
granted to the Licensee to use the Source License end in conjunction with the
upgrade measure. However, the Licensee is entitled to undo the upgrading
(downgrading) – if this is intended from a technical point of view – and to
exercise the rights to use the SW granted to it with respect to the Source
Version in accordance with Clause 1.5.
5. Further
Rights and Duties of the Licensee
5.1 Unless a stipulation to the
contrary relating to a specific number of copies is contained on the data
medium or in the Readme file of the SW, the Licensee may generate an
appropriate number of copies of every item of SW which it is authorized to use
in accordance with these General License Conditions, where such copies shall be
used exclusively for data backup purposes. Furthermore the Licensee may only
copy the SW if and insofar as it has been granted copying rights by us in
writing.
5.2 The Licensee shall not be entitled
to modify, decompile or reverse engineer the SW. Nor may
it extract any individual parts unless this is permitted by mandatory copyright
law. Furthermore, the Licensee shall not be entitled to remove any alphanumeric
identifiers, trademarks or copyright notices from the SW or the data medium
and, insofar as it is entitled to make copies of the SW, shall copy them
without alteration. The aforementioned regulation shall apply accordingly to
the Documentation supplied in accordance with Section 1.
5.3 The Licensee shall be
entitled to transfer the right to use the SW granted to it to a third party,
provided that it concludes a written agreement with the third party in
conformance with all of the conditions contained in this Section 5 and on the
proviso that it does not retain any copies of the SW.
If the Licensee has
received a License Key for the SW, this key shall be supplied to the third
party together with the SW. Furthermore, the third party shall be submitted the
CoL together with these General License Conditions.
The Licensee shall submit
the CoL received for the SW to us at any time, if requested.
5.4 If the SW is a PowerPack or
an Upgrade, the Licensee shall keep the Certificate of License or Software
Product List of the Source License and submit it to us at any time, if
requested, together with the CoL for the SW. In the event that the Licensee
transfers its right to use the PowerPack SW or Upgrade SW in accordance with
Clause 5.3, it shall also submit the Certificate of License or Software Product
List of the Source License to the third party.
5.5 If the Licensee receives a
data medium which, in addition to the SW, contains further software products
which are released for use, then it shall have the right to use these released
software products exclusively for validation purposes, for a limited period of
time and free of charge. The period of use shall be limited to 14 days,
commencing with the first start-up of the relevant software program unless a
different period is specified e.g. in the Readme file of the relevant software
product.
These software products
supplied exclusively for validation purposes shall be governed, mutatis
mutandis, by the stipulations contained in these General License Conditions.
The Licensee shall not be authorized to pass on these software products
separately, i.e. without the SW, to a third party.
In other respects, the terms
of the purchase contract shall apply.