1. Preliminary remarks General condition for licence of CoDeSys software for automation purposes (Software Terms of Use Agreement). The CoDeSys software is an aid for the development, diagnosis and commissioning of programmable controllers. Please read the following Terms of Use Agreement carefully, before you put the CoDeSys software supplied into use. The CoDeSys software placed at your disposal is protected by copyright. The following conditions are agreed between you as the software user and the company 3S-Smart Software Solutions GmbH (hereinafter referred to as 3S), D-87439 Kempten and are legally binding. Installation of the package constitutes recognition by the customer of the conditions of this Agreement. If you do not agree to the following conditions, please return the CoDeSys software immediately and unused. Any fees for rights of use which have already been paid will be refunded. § 1 Object of the Contract 1.1 The user receives the CoDeSys software named in the order confirmation/delivery note on the data carrier specified in the confirmation or note. 1.2 The user pays the agreed fees for use of the software. The software is not sold, but licensed to the extent described in the following rights of use. § 2 Scope of rights of use 2.1 The user receives a non-exclusive, unlimited and non-transferable license for use of the CoDeSys-Software software which is supplied, but only for its use for the intended purpose in connection with CoDeSys hardware products. 2.2 The user can make backup copies of the CoDeSys software. In so far as the rights of use are not limited to a single workstation in the order confirmation/the delivery note, the user may duplicate the CoDeSys software for purposes of his own operation (company licence for use at multiple workstations). 2.3 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. All further rights regarding use and sale or other utilisation of the program package remain with 3S-Smart Software Solutions GmbH. § 3 Warranty 3.1 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 customer and works together with all the other programs selected by the customer, in so far as interfaces to these programs are not contractually agreed. 3.2 The user shall examine the CoDeSys software supplied immediately, 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 GmbH. The customer bears sole responsibility for the selection, the installation and the use of the software as well as for the results with are intended to ensue. 3S does not provide a warranty for errors or faults which result from (a) incorrect or insufficient maintenance or parametering, (b) operation outside the specification which applies for the product (c) incorrect preparation and/or maintenance of the installation location or (d) interaction with hardware or software not released by us. 3S does not accept liability for loss of data, indirect damages, in particular collateral damage or consequential damages or any other damages, regardless or whether these are based on tort, contractual or criminal law or any other legal basis. 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. No particular guarantee is undertaken from which addition rights could ensue. 3.3 Any defects with regard to the CoDeSys software which is supplied (including defects with regard to the program description and any other documents provided along with the software), will be rectified by 3S within an appropriate period of time. 3S has the right to decide between rework/repair free of charge or replacement at its own discretion. If the rework/repair or replacement is unsuccessful, the user can terminate the Terms of Use Agreement (see 5.1). § 4 Liability 4.1 Regardless of legal reason, 3S shall be liable for damages which are caused by culpable infringement of a basic contractual duty due to its own fault such that achievement of the contractual purpose is placed at risk. Liability is limited to the damages typical of this type of contract which would have to be reckoned with when the contract was concluded under the circumstances known at that time. Liability shall in no event exceed the sum of 10,000.- EURO. Liability for loss of profit, loss of savings, indirect damages, consequential damages and damages which would have to be reckoned with within the framework of software licensing is excluded. 4.2 The aforementioned limitations on liability do not apply to damages which are due to deliberate intent, gross negligence or the absence of guarantees which have been given, or to any claims based on product liability law. The limitations also do not apply in the case of injury to life, limb or health. The limitations on liability also regard to non-fulfilment of obligations on the part of vicarious agents. 3S shall only be liable for slight negligence in the case that an obligation is infringed whose fulfilment is fundamental to achievement of the contractual purpose (cardinal obligation). If a cardinal obligation is infringed, the limitation on liability for initial inability to perform according to Para 4.1. shall be applied accordingly. Strict liability (i.e. liability irrespective of the party at fault) of 3S-Smart Software Solutions for defects which were already present at the time of conclusion of the contract is expressly excluded. Liability for loss of data is limited to the typical costs for restoration which would have occurred if there had been regular back-up of the data corresponding to the risk. § 5 Termination of the agreement 5.1 This Terms of Use Agreement can be terminated by either of the parties with notice of six months to the end of a calendar year. Rights of termination may be exercised on an extraordinary basis with immediate effect if one contractual partner infringes a fundamental condition of the Agreement. § 6 Governing law 6.1 This Terms of Use Agreement is governed by the law of the Federal Republic of Germany. The regional court of Kempten is agreed as the legal venue for all disputes arising within the framework of this Terms of Use Agreement. § 7 Severability Clause 7.1 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.