The below links point to open source and freeware software. The listed software are system components used in WireXpert devices and eXport PC software. Please follow the link for further information on those software products.
1 SUBJECT MATTER OF AGREEMENT
SUBJECT MATTER OF AGREEMENT between you (“LICENSEE“) and Softing Singapore Pte. Ltd. (“SOFTING“) is the system of computer programs including embedded code in the test instrument, application code used on a personal computer, and the corresponding program documentation (hereinafter referred to as “SOFTWARE“).
SOFTING points out that it is not possible, at the state of the art, to produce computer programs with high complexity which are completely free of errors in all applications and combinations.
2 PROPERTY RIGHTS, RIGHTS OF USE
SOFTING grants the non-exclusive right to copy and to use the SOFTWARE subject to the conditions set out in this license agreement in connection with Hardware products provided by Softing IT Networks GmbH.
All rights not specifically granted above are retained by SOFTING, especially all ownership rights in and to the SOFTWARE and any copies thereof as well as all rights to publish, to copy, to adapt and to exploit. All rights to design, know-how and working methods which are used by Softing remain with SOFTING. If the LICENSEE distributes SOFTWARE to third parties, the LICENSEE is obliged to inform said third party about the terms established in this license agreement.
3 SPECIAL RESTRICTIONS
The LICENSEE may not
a)change, reverse engineer, decompile, or disassemble the SOFTWARE, and may not produce derived products.
b)remove any proprietary, originator or copyright notices, labels or marks contained within the SOFTWARE or the documentation.
c)use the SOFTWARE in aircraft, in applications for the planning, construction, production or delivery of aircraft or parts thereof, in application in nuclear power plants, for navigation, for the production of weapons, in medical or any other applications which may lead to personal injury, in applications, which might cause damages to water or in facilities which require official approval or are notifiable according to conservation regulations.
4 OPEN SOURCE SOFTWARE
The scope of the right of use described herein above shall expressly exclude any (i) third party software (ii) open source software or (iii) standard artefacts (such as e.g. libraries and development tools) which are required or expedient to run the SOFTWARE. Any such third party software, open source software or standard artefacts shall be regarded as system requirements the responsibility for which shall vest with the LICENSEE. SOFTING shall ensure, that such system requirements, if any, are being expressly described in the documentation of the SOFTWARE. Further information and guidance may also be found on SOFTING’s website at:
5 TERM OF AGREEMENT
The rights to use the SOFTWARE are granted for an indefinite term.
The LICENSEE's right to use the SOFTWARE is automatically terminated if the LICENSEE fails to comply with any provision of this license agreement. All other clauses of this license agreement continue to be in force even in the event of such breach by the LICENSEE.
6 DISCLAIMER OF WARRANTY
a)SOFTING PROVIDES THE SOFTWARE “AS IS” WITH NO EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR PHYSICAL OR ENVIRONMENTAL DAMAGE.
b) SOFTING shall not be liable to any person or entity under any circumstances for any special, incidental, indirect or consequential damages, including, without limitation, damages resulting from use of or reliance on this software product, loss of profits or revenues or costs of replacement goods, even if informed in advance of the possibility of such damages.
c)SOFTING is liable for slight negligence only insofar as an obligation is broken the obedience of which is of particular significance to the achievement of the aim of the contract (cardinal obligation). The liability is limited annually to five times the price for the package consisting of software and hardware, stipulated in the contract and to those damages on whose emergence SOFTING has to reckon in the context of a typical contract.
d)The LICENSEE accepts that it is their responsibility to save any commercially important data on an external storage media at suitable intervals, which should be no less frequently than once a day. SOFTING has no responsibility in the case of data loss if such external data storage has not been performed by the LICENSEE.
e)LICENSEE’s claims concerning defects prescribe after one year, starting from the handover/delivery of the object of purchase to the customer. Hereof excluded are claims for defects of consumers together with compensation claims regarding the injury of life, body and health and/or compensation claims due to grossly negligent or willfully caused damage by SOFTING. To this extent the regular statutory limitation period shall apply.
The SOFTWARE is delivered exclusively in accordance with the terms of this License Agreement. Any purchase conditions of the LICENSEE are not applicable, even if the LICENSEE refers to them in its order or other communication with SOFTING.
Exclusive place of jurisdiction shall be Munich; place of performance shall be Munich as well. German law shall apply. The Hague convention on contracts for international sale of goods (UNICITARL) is excluded.
Please address questions regarding this agreement to:
Softing Singapore Pte. Ltd., 3 Science Park Drive, #03-09, The Franklin, Singapore Science Park 1, Singapore 118223
Phone: +65 6569-6019