User Documentation

Weidmüller Software License Agreement Version 1.0
Page 8
13.6 Notwithstanding any terms of this clause 13 to the contrary, (1) the Parties shall be fully
liable in the event of physical injury or death where caused by them; (2) liability is unlimited for
damages caused by gross negligence or intentional conduct; and (3) the foregoing provisions
shall not limit any mandatory claims pertaining to or in connection with the EU Regulation on
Product Liability, its national transformation laws or non-EU applicable and mandatory national
laws pertaining to product liability.
The foregoing shall be the sole and only WM liability and any other WM liability shall be excluded.
14. CONFIDENTIALITY
The Customer and WM will keep confidential all information which require secrecy and which they
may have acquired in connection with this agreement and shall reveal any such information to
any 3
rd
party only if the respective other party gave its prior written consent to abide to these terms
on confidentiality. The foregoing obligation is not applicable if one party pleading its case can
proof that (1) information was known to such party before the information was confidentially
disclosed or (2) information was public domain before information was confidentially disclosed.
15. TERM, TERMINATION
15.1 This agreement shall come into force on Effective Date as described under clause 1 of the
Terms and shall continue in full force and effect until terminated by either party in accordance with
this section 15 or upon expiry of a license period as may be agreed between the parties.
15.2 Either party may terminate this agreement for convenience with at least three (3) months’
prior written notice to the commencement date of any renewal term.
15.3 In the event of either party’s material breach of this agreement the other party is entitled to
terminate this agreement with immediate effect. Without limiting the generality of the foregoing,
any failure by Customer to pay any Royalty shall be deemed a material breach of this agreement
by the Customer.
15.4 Upon termination of this agreement and irrespective of the reason for such termination,
Customer shall immediately cease to use the Software. Customer acknowledges and agrees that
WM, in the event of termination of this agreement for whatsoever reason is entitled to delete
Customer as user.
16. OBLIGATIONS AFTER TERMINATION
16.1 If any Customer’s content data is stored or processed in connection with Software by a WM
service offering with the Software, WM has the right to erase after the agreement’s term has
expired and is not extended by a new Version. In such case, WM will announce the erasure within
a reasonable period of time in advance. The Customer has the obligation to save any content
data, separately.
17. FORCE MAJEURE
In the event of force majeure neither party has the obligation to perform. By way of example, a
force majeure event is deemed to take place in the event of (1) a failure of the telecommunication
system or grid system (2) an event of explosion or fire or flood (3) act of war (4) strikes exceeding
the period of 6 weeks and are not the fault of one party (5) problems in the internet which cannot