GENERAL TERMS OF USE AGREEMENT FOR THE PLC PROGRAMMING SYSTEM CODESYS



PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THE CODESYS SOFTWARE SUPPLIED.

 

THE CODESYS SOFTWARE PLACED AT YOUR DISPOSAL IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. THE FOLLOWING TERMS ARE AGREED BETWEEN YOU AS THE SOFTWARE USER AND THE COMPANY 3S-SMART SOFTWARE SOLUTIONS GMBH, HEADQUARTERED IN 87439 KEMPTEN, GERMANY AND ARE LEGALLY BINDING. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE CODESYS SOFTWARE PACKAGE. IF YOU DO NOT AGREE, UN-INSTALL THE CODESYS SOFTWARE PACKAGE IMMEDIATELY AND DESTROY ALL COPIES YOU MAY HAVE MADE.

 

 

1.      Object of the Contract

 

The PLC programming system CoDeSys is a software package for the programming, testing and commissioning of PLCs/controllers.
The software package CoDeSys is not sold but licensed in accordance with the terms below.

 

 

2.            License Grant

 

2.1.     The user is granted a non-exclusive, unlimited and non-transferable license to install and use the CoDeSys software. All further rights regarding use and sale or other utilisation of the program package remain with 3S-Smart Software Solutions.

 

2.2.     It is not permitted to change, modify, disassemble or decompile the software or to use other processes of reverse engineering or to have these processes performed by third parties.

 

2.3.     The user may make and use backup copies of the CoDeSys software.

 

2.4.     Providing he agrees to all terms of this agreement, the user may install and use the CoDeSys programming package free of charge. 3S-Smart Software Solutions reserves the right to charge a license fee for future versions of the CoDeSys software.

 

 

3.            Warranty

 

3.1.     3S-Smart Software Solutions GmbH warrants to you that under normal use the programming system CoDeSys will substantially conform to its documentation. The following restrictions shall apply.
  

3.2.     It is deemed to be agreed and the user recognises and accepts that, according to the current state of knowledge and technology, it is not possible to create software in such a way that it works without errors or faults under all application conditions. Any further warranty is excluded. In particular, there is no warranty that the program package fulfils the specific requirements of the user, serves his specific purpose and works together with all the other programs selected by the user, in so far as interfaces to these programs have not been contractually agreed upon.

 

3.3.     The user shall immediately examine the CoDeSys software supplied, shall establish its usability for the intended purpose and shall issue complaints with regard to errors or faults occurring at the beginning or later in detail and in such a way that the error or fault can be reproduced by 3S-Smart Software Solutions. The user agrees to provide 3S-Smart Software Solutions with material giving information on the nature and occurrence of the errors or deficiencies in order to contribute to the localization and correction of these errors. The user bears sole responsibility for the selection, the installation and the use of the CoDeSys software as well as for the intended results thereof. 3S-Smart Software Solutions does not provide a warranty for errors or faults which result from…
(a) incorrect or insufficient maintenance or parametering,
(b) operation outside the software’s specification,
(c) incorrect preparation and/or maintenance of the installation location or
(d) interaction with hardware or software not released by 3S-Smart Software Solutions.

 

In countries in which it is not permissible to stipulate the aforementioned limitation of liability, any and every type of warranty which is obligatory by law is subject to a period of limitation of one year.

 

A special guarantee which could result in additional rights is not provided.

 

3.4.     Any software defects reported by the user (including defects in the documentation or other supplied documents) will be rectified by 3S-Smart Software Solutions within an appropriate period of time. 3S-Smart Software Solutions may elect in its sole discretion to either rework or repair the defects or provide a replacement.

 

4.            Limitation of Liability

 

In no event shall 3S-Smart Software Solutions be liable for any damages caused by the CoDeSys software unless these damages are due to deliberate intent or gross negligence. 3S-Smart Software Solutions does not accept liability for loss of data, loss of production, downtime, indirect damages, in particular collateral damage or consequential damages or any other damages, regardless of whether these are based on tort, contractual or criminal law or any other legal basis.

 

This does not apply to claims under the German Product Liability Act (Produkthaftungs­gesetz) or to losses and damages caused by the lack of expressly assured properties which were meant to protect the user against the loss or damage that has actually occurred.

 

Before starting an application written with the programming system CoDeSys the user is obligated to perform sufficient tests in a safe environment. Above that the user is to make the necessary safety arrangements for the protection of his data and other software, especially backup copies, at such intervals that are common in his work field. 3S-Smart Software Solutions is not responsible for data loss that could have been prevented had these obligations been observed.

 

 

5.            Termination

 

This agreement is in effect until terminated. You may terminate this agreement at any time by un-installing the CoDeSys software package and all its component parts and destroying all copies of the software. This agreement shall terminate automatically if you fail to comply with any terms and conditions of this agreement.

 

 

6.            Governing Law

 

This Terms of Use Agreement shall be governed by the laws of the Federal Republik of Germany. Exclusive place of jurisdiction for any dispute arising directly or indirectly from this agreement is Kempten, Germany.

 

 

7.            Severability Clause

 

Should one provision of this contract be or become invalid, or should the contract contain a gap, the validity of the remaining provisions shall remain unaffected. In place of the ineffective provisions, or in order to fill the gap, a provision shall apply which, in so far as legally viable, approaches the original intention of the contractual parties as closely as possible, or what can be assumed to have been their intention if they had considered the point in question.