END-USER LICENSE AGREEMENT FOR COSATEQ-SOFTWARE – Version April, 2009
IMPORTANT – PLEASE READ CAREFULLY: This end-user license agreement (or "EULA") is a legal contract between you (either as a natural or legal person) and the manufacturer, Cosateq GmbH & Co. KG, Siemensstrasse 12, 88239 Wangen, Germany ("Manufacturer"), of the Cosateq software program or a hardware system component ("HARDWARE") that you have acquired together with the Cosateq software or hardware products. The software includes Cosateq computer software as well as possibly associated components, printed materials, documents in electronic format, and/or Internet-based services. Please note that any software, documentation, or web services that are included in the SOFTWARE or that can be accessed via the software and that accompany or form the basis of their own license agreements or terms of use are subject to these agreements and not this EULA. The terms of a printed EULA in paper form that possibly accompany the SOFTWARE have precedence over the terms of all onscreen EULAs. This EULA is only valid and only bestows end-user rights if the SOFTWARE is original and an original certificate of authenticity for the SOFTWARE was included.
By installing or otherwise utilizing the software, you and the respective user agree to accept the terms of this EULA. Otherwise, you or the respective user is not authorized to use the software. Furthermore, they are obligated to contact the Manufacturer immediately in order to receive further details about authorized use.
SOFTWARE PRODUCT LICENSE
The term "COMPUTER" in this EULA refers to an individual computer system. The term "HOST-TARGET SYSTEM" in this EULA refers to two COMPUTERS consisting of a host computer with the SCALE-RT development kit and a target computer with the SCALE-RT runtime environment.
1. License permission
The Manufacturer grants you the following rights under the condition that you comply with all terms of this EULA:
1.1 Installation, access, and utilization
The software can only be installed on a HOST-TARGET SYSTEM (consisting of a host COMPUTER and a target COMPUTER). You are authorized to install, use, access, display, and execute a copy of the software on the HOST-TARGET SYSTEM.
1.2 Division, transfer
This license may not be divided, transferred to multiple HOST-TARGET SYSTEMS, or used simultaneously on multiple computers. The software may only be used on an individual HOST-TARGET SYSTEM as defined in this EULA. You are entitled to permanently transfer all of your original rights from this EULA provided that you do not retain any copies of the software. If the software is an update, every transfer must also incorporate all earlier software versions. This transfer must also include the certificate of authenticity label. The transfer may not occur as an indirect transfer, for example, as a commission. Prior to the transfer and use, the end-user who receives the software must consent to all terms of the EULA.
1.3 Backup copies, GPL licenses, third party components
You are authorized to make a backup copy of the software and use it exclusively for archiving and backup purposes for reinstallation on the present installation medium if it is not otherwise expressly regulated by the respective local applicable law. Furthermore, you are not authorized to distribute, rent, or otherwise make the software available to third parties. All components of the SCALE-RT distribution that were not developed by Cosateq are excluded from this. This particularly includes components that fall under GNU GENERAL PUBLIC LICENSE (GPL). The respective license terms of the Manufacturer apply to all third party components.
1.4 Utilization of a previous software version
If the certificate of authenticity that accompanies the HARDWARE identifies the software as Cosateq software, then you are authorized to install, use, access, display, and execute Cosateq software: (2) You consent that neither the Manufacturer nor Cosateq are obligated to provide you with downgrade software or media; (3) you are not authorized to distribute, rent, lease out, or otherwise transfer the CD-ROM and/or DVD-ROM or backup copies of Cosateq to other end-users except as otherwise specified in the transfer conditions of this EULA; and (4) any such downgrade software is regarded as "software" in the meaning of this EULA, and the utilization of the downgrade software occurs subject to all terms of this EULA.
2. Automatic Internet-based services
The SOFTWARE features described in the following are activated by default for the automatic establishment of a connection to the Internet with computer systems from Cosateq without separate notification to you. You consent to the operation of these features unless you decide to switch these off or not use them at all. Cosateq does not use these features to collect information with which you can be identified or contacted. Further information about these features can be found in the data privacy terms under www.cosateq.com.
2.1 Cosateq update features
If you connect hardware to your COMPUTER, it may not have the drivers that are necessary to communicate with the corresponding hardware. The software's update feature can obtain the correct drivers from Cosateq and install them on your machine. You can switch off this update feature.
2.2 Digital certificates
The software uses digital certificates. The software retrieves certificates and updates certificate black lists. These security features are only in effect if you use the Internet.
2.3 Automatic update of root certificates
The list of trustworthy certification centers is updated with the feature for automatic updating of root certificates.
3. Ownership, copyrights
Cosateq and its suppliers reserve all rights not expressly granted to you in this EULA. The software is protected by copyright laws and by other laws. Cosateq has the ownership, copyright, and other industrial property rights to the software. The software is being licensed, not sold.
4. Regression, decompilation, and disassembly
You are not authorized to regress, decompile, or disassemble the software unless (and only insofar) the applicable right is expressly granted irrespective of this restriction.
5. Leasing/hosting
You are neither authorized to lease the software to others nor to distribute or provide commercial hosting services with it.
6. Uniform product
The software is licensed as a uniform product. You are not authorized to separate its components for use on more than one HOST-TARGET SYSTEM or computer.
7. Trademark rights
This EULA in no way grants you rights in connection with trademarks or service marks of Cosateq or its suppliers.
8. Updates, amendments, et al.
This EULA is valid for updates, amendments, add-on components, product support, or components of Internet-based services of the software that you may have obtained from Cosateq after you have received your original copy of the software.
9. Updates
If the software is designated as an update, you must possess the corresponding license for a product that is designated by Cosateq as being suitable for the update in order to use the software. Software that is designated as an update replaces and/or supplements the original product (and possibly disables it during the update of a Cosateq software product). After the update, you are no longer authorized to use the original software. You may only use the resulting updated product in conformance with the terms of this EULA. If the software is an update of a component of a software program package that you have licensed as a uniform product, the software may only be used and transferred as part of this uniform product package and may not be separated for use on more than one computer.
10. Software that is not designated for repurchase
Software that is not designated for "repurchase" may not be sold or transferred for an exchange value or for purposes other than demonstration, testing, or evaluation.
11. School version
To use software that is designated as a "school version", you must be "a qualified user of an accredited educational institute". The supplemental terms of the universities and vocational schools - EULA apply. For questions regarding this qualification, please contact Cosateq GmbH & Co. KG, Siemensstrasse 12, 88239 Wangen, Germany.
12. Export restriction
You acknowledge that the software is subject to the laws of the Federal Republic of Germany.
You thereupon agree to comply with all applicable international and national laws that apply to the software.
13. License confirmation
If you acquired the SOFTWARE on a device or a CD or other media, a licensed copy of the SOFTWARE is labeled with an original "license confirmation" by Cosateq with an original copy of the software. In order to be valid, the label must be affixed to the COMPUTER or on the software package. If you receive the label separately, it is invalid. You should leave the label on the COMPUTER or retain the packaging on which the label is found as proof that you possess a license to use the SOFTWARE.
14. Termination
Irrespective of other rights, Cosateq is authorized to terminate this EULA if you violate the terms of this EULA. In this case you are obligated to destroy all copies of the SOFTWARE and all of its components.
15. Security note
To guard against security breaches and against malicious software, you should regularly create backup copies of your data and system information, utilize security features such as firewalls, and install and utilize security updates.
16. Warranty
Provided that you have a valid license and that you did not acquire the software directly from a dealer/manufacturer (in this case your legal warranty claims against the dealer/manufacturer apply), Cosateq guarantees that the SOFTWARE will work for a period of 90 days as of the date of receipt of your license for the use of the SOFTWARE according to the written materials accompanying the SOFTWARE. If the SOFTWARE does not conform to this warranty, Cosateq will either (a) repair or replace the SOFTWARE or (b) refund the amount paid by you for the product(s), where applicable, according to the return guidelines of the Manufacturer. This warranty does not apply if the SOFTWARE error is attributed to an accident, misuse, or incorrect application. For all replacement software, a warranty applies for the remaining time of the original warranty period or for 30 days, whichever is greater. Cosateq is liable only in the event of fault according to this EULA for compensation and replacement of futile expenditures that arise from this warranty. Cosateq does not grant a warranty of any kind for a DEMO version of the SOFTWARE. You use the DEMO version on your own responsibility.
Cosateq does not adopt a warranty of any kind for third party components that exist in the SOFTWARE distribution. The respective usage specifications and license terms of the corresponding software components apply. In particular, all third party components, i.e., open source components (according GNU GPL, MIT License, PuTTY License, Cygwin Licensing Terms, Debian Social Contract, Apache License 2.0, etc.), are affected by this and furthermore the National Instruments LabVIEW Runtime 8.5. Moreover, the functional warranty can only be adopted for systems recommended and tested by Cosateq. Currently recommended and supported hardware for SCALE-RT can be found on the website http://scale-rt.com.
At present, the following systems were successfully tested by Cosateq:
- Bressner SCALE-RT Core2Duo Config 2009 (2,8 GHz, Core2Duo, 12 PCI Slots)
- Bressner SCALE-RT Quadro Config 2009 (2,8 GHz, Core2Quad)
- National Instruments PXI-8106 (Core2Duo)
- Kontron CP 307 (CompactPCI, Core2Duo)
- Meilhaus ME-Neuron (CompactPCI, 2,2 GHz, Core2Duo, 2 GB RAM)
- Siemens RackPC847 (industrial grade 19" rack mount PC)
- COSATEQ RT-Target SCALE-RT-2 (2,4GHz 19" rack mount PC)
- DELL Precision T3400
- DELL Precision T5400
- DELL Precision T7400
You acknowledge that no software is error-free and we urgently advise you to back up your files regularly. You acknowledge that the foregoing warranty is your only warranty granted by Cosateq with regard to the software. Legal rights remain unaffected – the warranty is not limited to a particular area and does not affect your legal rights that you may have against your dealer.
17. Liability
For compensation or replacement of futile expenditures irrespective of legal basis including unauthorized activities, the following regulations apply:
The Manufacturer is liable for malice aforethought, gross negligence, and for claims according to the Product Liability Act according to the legal provisions. If you acquired the SOFTWARE in Germany or Austria, the Manufacturer is also liable for injury to life, body, or health according to the legal provisions.
The Manufacturer is not liable for slight negligence. However, if you acquired the SOFTWARE in Germany, the Manufacturer is also liable for slight negligence if the Manufacturer violated a significant contractual obligation. In cases such as these, the Manufacturer's liability is limited to typical and foreseeable damages. In all other cases including unauthorized activities, the Manufacturer is not liable for slight negligence, even in Germany.
Components from third party manufacturers are excluded from this liability. The respective usage specifications and license terms of the corresponding software components apply.
18. Applicable law, place of jurisdiction
The laws of the Federal Republic of Germany excluding the IPR apply. As far as feasible, the place of jurisdiction for disputes between Cosateq and a claimant is agreed to be "Wangen im Allgäu" Germany.
19. Notes on data processing
(1) Cosateq possibly collects customer data as part of the execution of agreements. In doing so, Cosateq observes the provisions of the German Data Protection Act and the Teleservices Data Protection Act. Without the consent of the customer, the Cosateq inventory and usage data of the customer will only be collected, processed, or used as far as this is necessary for the execution of the contractual relationship and for laying claim to and settlement of teleservices.
(2) Without the customer's consent, Cosateq will not use customer data for the purposes of advertising, market research, or opinion research.
(3) The customer has the option of retrieving, changing, or deleting the data saved by him at any time under the button "My data". For the rest, refer to the data privacy statement for customer consent and further information on data collection, processing, and usage, which is available in printable form on the supplier's website via the link Legal Information at the bottom under 4. "Data protection".
Entire agreement, severability clause
This EULA (including all amendments or supplemental agreements to this EULA that are included in the delivery scope of the SOFTWARE) constitutes the entire agreement between you and Cosateq with regard to the SOFTWARE and (if existent) the support or other services. It has precedence over all previous or concurrent verbal or written communications, recommendations, and promises with regard to the SOFTWARE or every other item of this EULA. If a condition of this EULA is declared to be void, invalid, not enforceable, or illegal, the remaining terms continue to be completely effective.
END OF THE EULA
