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Software License Agreement

for Weidmüller Software Products

Version 1.0 of 01 July 2018

1. BINDING AGREEMENT

This Software License Agreement is a binding agreement between you, our customer (also

referred to as “Customer” or “Licensee”), and Weidmüller Interface GmbH & Co.KG (“WM”). It

shall become effective, subject to the following terms (“Terms”), upon (1) signature of a written

agreement to which these Terms are attached, or (2) acceptance of an offer which is subject to

these Terms or (3) by accepting these Terms when downloading and installing by a confirmation

click that you have read and understood these Terms and fully accept them (the day on which

such actions occur hereinafter referred to as “Effective Date”).

You explicitly confirm by the actions described under (1) to (3) above that these Terms are

exclusively applicable even if you should generally use terms of purchase whether with or without

provisions that allegedly prevail over these Terms safe where WM has explicitly agreed to

provisions different from these Terms in writing and confirmed by WM’s signature.

2. SCOPE OF THE AGREEMENT

These Terms apply to the use of the Software which may be already pre-installed on Weidmüller’s

hardware products as firmware as well as to Weidmüller’s stand-alone Software products

downloaded from the internet or delivered on media like CDs, USB-sticks, dongles, etc. Where

indicated in writing, individual, separate or additional license terms may apply to the use of specific

Weidmüller Software products.

By these Terms, you do not purchase the software, you are granted a right to use the Software

in accordance with these Terms. The purchase of any accompanying or associated Weidmüller

hardware products is, however, governed by the general terms of sale of the respective

Weidmüller local company or of the Weidmüller distributing partner company.

3. DEFINITIONS

• “Software”: means the WM software programs and 3

party software programs, whether

Firmware or stand-alone software, supplied by WM under these Terms. This includes any

versions, updates, upgrades or other new deliveries of WM software code and it includes

corresponding documentation, associated media, printed materials and online electronic

documentation.

• “OSS” or “Open Source Software”: shall have the meaning as described in clause 12

• “Firmware”: means Software pre-installed or to be installed only on a distinct Weidmüller

hardware device product. This includes updates, upgrades, revisions or bug-fixing stacks

provided for such pre-installed Software, even if provided to be downloaded onto such device

for improvement or altering of pre-installed Firmware.

4. LICENSED RIGHTS, LIMITS

4.1 Subject to these Terms, WM hereby grants to Customer the non-exclusive, non-transferable

right to use and exploit the Software. WM grants to Customer also the non-exclusive and non-

Summary of content (9 pages)

PAGE 1
Software License Agreement for Weidmüller Software Products Version 1.0 of 01 July 2018 1. BINDING AGREEMENT This Software License Agreement is a binding agreement between you, our customer (also referred to as “Customer” or “Licensee”), and Weidmüller Interface GmbH & Co.KG (“WM”).
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Weidmüller Software License Agreement Version 1.0 Page 2 transferable rights to revise and to compile the Software as far as applicable and mandatory legal provisions prevent WM from the exclusion of such right; any further right to revise or to compile is excluded. The right to use and exploit is limited to the purposes described in these Terms, especially as specified by the Purpose of Use. 4.2 The right to use and exploit and the right to copy the user documentation are limited to internal purposes.
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Weidmüller Software License Agreement Version 1.0 Page 3 5.4 If the purpose of specific engineering Software is to enable Customer to create own software and to incorporate such software with the Software in a hardware product, WM does not represent and warrant that the Software is suitable for any particular purpose. Customer is obliged to examine the suitability of the Software and any software based on or connected with the Software.
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Weidmüller Software License Agreement Version 1.0 Page 4 8.2 Software may contain trademarks, trade names, product names, logos, labels, copyright notices, legends, symbols, or other proprietary notices (“Proprietary Notices”) of WM protected in Germany or other countries or of other respective owners. Customer may not remove or alter any Proprietary Notices. Where copies of Software are permissible under these Terms, Customer shall reproduce such Proprietary Notices without change in any copies made. 8.
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Weidmüller Software License Agreement Version 1.0 Page 5 8.10 WM reserves the right to cut access to any Software platforms without any liability in the event of any reasoned suspicion of violations as described above. 8.
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Weidmüller Software License Agreement Version 1.0 Page 6 damage the Customer is entitled to claim such damages in accordance with and subject to the limitations of clause 13. 10.3 Customer shall sufficiently document such detrimental deviations, make the documentation available to WM and work with WM so as to enable WM to reproduce and thus find the respective Software Faults which is key to develop an effective remedy.
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Weidmüller Software License Agreement Version 1.0 Page 7 purchase at own costs the respective license or provide adequate work arounds. In the event WM should not be able to comply with the above obligations both Parties have the right to terminate the agreement with immediate effect. 11.7 WM’s liability shall be excluded in the event a 3rd party right is violated due the Customer exceeding Customer’s rights to use.
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Weidmüller Software License Agreement Version 1.0 Page 8 13.
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Weidmüller Software License Agreement Version 1.0 Page 9 be influenced by one party safe if WM’s offers the respective internet services as well. Each party has the obligation to inform the other party of a force majeure event without undue delay. 18. APPLICABLE LAW, ATTACHMENTS, ENTIRE AGREEMENT, VENUE 18.1 Applicable Law: This agreement shall be subject to German Law under exclusion of the United Nations Convention on the Sale of Goods and choice of law provisions. 18.