User Documentation

Weidmüller Software License Agreement Version 1.0
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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. To the same aim, Customer shall
inform WM on incidents of erratic malfunction of the Software once they occur. The description
shall include at least (1) environmental factors that potentially may have had an influence on the
malfunction and (2) Customer’s attempts to self-remedy such malfunction. The onus of proof with
respect to the timely information is with the Customer.
10.4 The warranty does not apply and is excluded if damages or problems are caused by
Customer’s breach of his obligations under these Terms. This warranty shall be excluded if the
Customer has not, prior to or at the time Customer becomes aware of Faults, installed
Improvement Measures as provided or offered by WM where WM can show that such
Improvement Measures had, among others, remedial character.
10.5 The warranty period shall be one (1) year from delivery of Software to the Customer.
10.6 Subject to clause 13, to the maximum extent permitted by law, unless expressly stated in
these Terms or in a deviating written agreement, WM disclaims any and all other warranties and
conditions, whether express, implied or statutory, including without limitation any warranties,
duties or conditions of, or related to, merchantability, fitness for a particular purpose, lack of virus
countermeasures, accuracy or completeness of responses, results, quiet enjoyment,
correspondence to description, non-infringement, workmanlike effort with respect to the Software
and the use thereof.
11. THIRD PARTY RIGHTS
11.1 WM warrants that WM has no current knowledge of any copyright or another intellectual
property right of a 3
rd
party which prevents the use of the Software in accordance with these
Terms.
11.2 WM may, at WM’s sole discretion, decide to defend Customer against 3
rd
party intellectual
property infringement claims in connection with the Software and caused by WM. Customer shall
assist WM in such a claim. Customer shall notify WM without delay of any such claims. If WM
does not decide to defend Customer, Customer shall be free to defend Customer and WM shall
assist Customer in such a claim.
11.3 If claims under Clause 11.2 have been asserted against Customer, or if such assertions of
claims must be expected, WM may modify or replace Software code at its own expense as far as
this is reasonable for Customer. Each party to this agreement may terminate the license without
notice if such modification or replacement cannot be accomplished at reasonable cost, or if a right
of use cannot be obtained at a reasonable expenditure.
11.4 If WM should receive knowledge of any 3
rd
party rights which may limit the usability of the
Software or the contractual performance WM shall inform the Customer without undue delay.
11.5 The Customer is not obliged to pay the Royalty inasmuch and in so far Customer’s rights to
use the Software are limited.
11.6 In the event WM should not have, or not have any more, 3
rd
party rights required to fulfill
WM’s obligations under these Terms, namely any licenses to allow the use of the Software are
necessary and, as a result, Software cannot be used by the Customer anymore WM will either