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Software License Agreement
Please read this Software License Agreement carefully before using the installed Software for the first time. By using the Software for the first time you are agreeing to be bound by the terms of this License. If you do not agree to all the terms of this License, uninstall the Software immediately.
This Software License Agreement regulates the rights and restrictions of use for the PRM9 parameterization software, including all relevant documentation („Software“), unless there has been a separate agreement between you and ARGO-HYTOS upon your purchase of a target device to the effect that the Supplementary Terms and Conditions of Sale and Delivery for Software (in addition to our General Terms and Conditions of Delivery and Service) apply.
This Software is placed at your disposal solely for programming a PRM9 by ARGO-HYTOS.
1. Grant of License
You are granted a non-exclusive, non-transferable license to use this Software free of charge, for the sole purpose for which it is provided („License“).
You may not copy (with the exception of creating a back-up copy), modify, decompile, disassemble, decrypt, create derivative works of the Software, extract any Software elements or otherwise change the Software. You may not rent, lease, lend or sell the Software, or sublicense or market all or parts of the Software to third parties without our explicit authorization.
The Software is owned by ARGO-HYTOS or its suppliers and is protected by national and international copyright laws, international treaties and other national treaty provisions and statutory provisions. Therefore, you must treat the Software like any other copyrighted material, except that you may either (a) make one copy of the Software solely for back-up or archival purposes, or (b) transfer the Software to a single hard drive, provided you keep the original solely for back-up or archival purposes.
3. Disclaimer of Warranty
The Software is licensed without warranty of any kind. Possible explicit or implicit warranties or guarantees, especially the warranty of the Software’s fitness for all purposes you intend to use it for, are hereby disclaimed, unless an explicit agreement has been reached between you and ARGO-HYTOS. ARGO-HYTOS or its suppliers are not obliged to repair software faults, fix bugs, or provide any technical support simply on the grounds that ARGO-HYTOS or its suppliers provided the Software.
4. Limitation of Liability
In no event shall ARGO-HYTOS or its suppliers be liable for damages suffered by you or any third party as a result of installing or distributing the Software, unless the cause of damage can indubitably be traced back to intent or gross negligence on the part of our institution or executive employees. On no account shall ARGO-HYTOS or its suppliers be liable for lost profits, lost data or business information, or damages of any other kind, including any special, direct, indirect, incidental, exemplary, or consequential damages or subsequent damages.
5. Binding Force of the License
If any provision of this Agreement, or portion thereof, is found to be legally invalid, the remainder of this License shall continue in full force and effect. Your rights under this License will terminate automatically if you fail to comply with any term(s) of this License or do not agree to the terms of this License. Upon the termination of this License, you must uninstall and/or destroy all copies of the Software. You shall be liable for any damage(s) ARGO-HYTOS may suffer as a result of your non-compliance with this Software License Agreement.
6. Applicable Law
Czech substantive law applies under exclusion of any private international law (conflict of laws). Place of jurisdiction is Hradec Králové if you are dealer/trader/merchant/business man.
You are aware that
- You should do data backups on a regular basis
- Careful installation and testing of the program / target device to be adjusted with the Software is absolutely imperative, since the Software can be used to bypass security mechanisms of the target device/application/unit
- The Software is to be used by trained and skilled personnel only.