User Documentation

Weidmüller Software License Agreement Version 1.0
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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 3
rd
party right is violated due the Customer
exceeding Customer’s rights to use. In the latter case, Customer indemnifies WM and holds WM
harmless against any 3
rd
party claims.
11.8 Subject to clause 13 and its limits, 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, pertaining to the infringement of
any 3
rd
party rights with respect to the Software and the use thereof.
12. OPEN SOURCE SOFTWARE
12.1 The parties are aware and acknowledge that upon using Software open source software
(“OSS”) may also be used which is delivered together with Software. Any OSS delivered together
with Software may have their own OSS license terms and conditions which are, partly or entirely,
to be applied to OSS mandatorily (“OSS License”). OSS shall be governed and construed by the
respective separate OSS Licenses and not by these Terms.
12.2 OSS Licenses usually require that the use of OSS is revealed and the OSS Licenses are
sub-licensed, accordingly. In order to meet these requirements, WM shows an overview of the
OSS licenses in due form, usually in the respective “about” menu folder of the Software or a link
stated on the respective Weidmüller product data sheet (“OSS Overview”). The OSS Overview
comprises a table of all software components, if any, which are subject to OSS Licenses, the OSS
License and if required, the wording of the respective OSS Licenses. The Customer is obliged to
comply with the terms of OSS Licenses while using the Software.
12.3 Any liability caused by wrong handling of OSS shall be subject to and limited by the limits of
clause 13.
13. INDEMNIFICATION, LIABILITY AND LIMITS OF LIABILITY
13.1 For WM’s, WM’s agents’ or employees’ negligence other than gross negligence, any liability
is excluded safe where WM is liable for a major breach of contract, defined herein as a breach of
an obligation of particular importance for realizing the objective of the parties’ agreement, in which
case the equitable relief is limited to typical, contractually relevant and foreseeable damages or
losses. If the use of Software is granted as a test license liability for any kind of negligence other
than gross negligence is generally excluded.
13.2 Any indirect and consequential liability such as, but not limited to, loss of profit, loss of other
commercial success, business interruption and advisors’ fees shall be excluded - in particular
where such damages result from the use of the Software for the development of other software.
13.3 In the above cases, WM is liable for the Customer’s loss of data in so far only as the loss
had occurred if the Customer had duly saved the data.
13.4 WM’s liability does not include any compensation for damages of a non-Weidmüller
hardware product in which the Software is incorporated or caused by such a hardware product.
Furthermore,
13.5 The foregoing provisions are applicable, mutatis mutandis, to frustrated expenses as well.