The following notes and conditions shall apply for Software provided by Siemens by installing on your system, by filing a copy on your system during the installation or by making available the Software in any other way.
Please note:
This software is protected under German and/or foreign Copyright Laws and provisions in international treaties. Unauthorized reproduction and distribution of this software or parts of it is liable to prosecution. It will be prosecuted according to criminal as well as civil law and may result in severe punishment and/or damage claims.
Please read all license provisions applicable to this software before installing and/or using this software. You will find them after this note.
If you received this software as "Trial-Version" this software may only be used for test and validation purposes according to the provisions of this Trial License stated after this note
TO USE THE SOFTWARE IN PRODUCTION PROCESSES IS NOT ALLOWED. BECAUSE IT IS A TRIAL VERSION WE CANNOT EXCLUDE THAT EXISTING DATA WILL BE MODIFIED OR OVERWRITTEN OR WILL GET LOST. THEREFORE, WE WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THIS INSTALLATION OR FROM IGNORING THIS LEGAL NOTICE AND/OR FOR LOSS OF DATA.
ANY OTHER TYPE OF USAGE OF THIS SOFTWARE IS ONLY ADMISSIBLE IF YOU HAVE A VALID LICENSE FROM US. IF YOU DO NOT HAVE A VALID LICENSE (WHICH HAS TO BE ESTABLISHED BY SUBMITTING A CORRESPONDING CERTIFICATE OF LICENSE, YOU HAVE TO INTERRUPT THE INSTALLATION PROCESS IMMEDIATELY. DON’T USE THE INSTALLED SIEMENS SOFTWARE AND CONTACT OUR NEAREST OFFICE TO AVOID ANY DAMAGE CLAIMS.
Security information
Siemens provides products and solutions with industrial security functions that support the secure operation of plants, systems, machines and networks.
In order to protect plants, systems, machines and networks against cyber threats, it is necessary to implement – and continuously maintain – a holistic, state-of-the-art industrial security concept. Siemens’ products and solutions only form one element of such a concept.
Customer is responsible to prevent unauthorized access to its plants, systems, machines and networks. Systems, machines and components should only be connected to the enterprise network or the internet if and to the extent necessary and with appropriate security measures (e.g. use of firewalls and network segmentation) in place.
Additionally, Siemens’ guidance on appropriate security measures should be taken into account. For more information about industrial security, please visit http://www.siemens.com/industrialsecurity.
Siemens’ products and solutions undergo continuous development to make them more secure. Siemens strongly recommends to apply product updates as soon as available and to always use the latest product versions. Use of product versions that are no longer supported, and failure to apply latest updates may increase customer’s exposure to cyber threats.
To stay informed about product updates, subscribe to the Siemens Industrial Security RSS Feed under http://www.siemens.com/industrialsecurity.
General Conditions for the Provision of Software for Automation and Drive Technology
(Status July 1st, 2015)
1 Supply of Software and Granting of Rights to Use Software
1.1 Definitions
"Order Data" are the concurring details of the Parties as to the identification of the Software including the item number of Siemens as well as the corresponding order information belonging to the item number from the current catalogue of Siemens at the time of the order confirmation. Insofar as the Customer receives no order confirmation from Siemens, the details of the item number of the CoL which Siemens provides to the Customer with the acceptance of its order shall apply.
"CoL" means both the Certificate of License, as well as the software product certificate, containing in each case details of the nature of the rights of use acquired for the Software. The CoL is to accompany the Software or the delivery note.
"Engineering Software" is software for engineering, such as, for example, project planning, programming, parameter setting, testing or commissioning.
"Earlier Version" is an earlier release of the Software; normally such is recognizable from the change in the version number.
"Instance" means either an instance in a physical operating system environment or an instance in a virtual operating system environment.
"Open Source Software" includes Open Source Software or similar software of third parties.
"Runtime Software" is software for plants and machine operation, e.g. operating systems, basic systems, system extensions or drivers.
"Service Pack" is an issue of software in which defects are corrected but which generally does not involve any change in functionality.
"Property Right" is defined in section 8.1.
"Software" is the software product which the Customer acquires from Siemens under this Agreement including the related documentation.
1.2 Scope of these General Conditions
These General Conditions shall apply exclusively to the provision of Software for Automation and Drive by Siemens to the Customer. General terms and conditions of the Customer shall apply only where such are expressly accepted in writing by Siemens.
1.3 Subject Matter
Siemens shall provide the Customer the Software specified in the Order Data and it shall grant the Customer the rights to this Software based on the License Type (see Section 2) and the applicable Software Type (see section 3). The License Type and Software Type are detailed in the Order Data or, additionally, in the CoL.
If, on the basis of the Order Data or the CoL, the Customer receives only the Software but Siemens grants no license to use, the Customer shall be entitled to use the Software only if it acquires license rights of use in accordance with section 2 and, insofar as a License Key is necessary, also obtains a License Key.
If the Software is supplied electronically or, if copying rights are granted for it, the rights and duties set out under these General Conditions shall apply to the copies generated by the Customer with the approval of Siemens.
1.4 Scope of Delivery
Siemens shall deliver the Software as well as the respective CoL to the Customer, according to the Order Data, either on a data medium or via download.
Siemens shall enclose the documentation related to the Software, at the choice of Siemens, either in electronic form with the Software itself or, in electronic form available for download free of charge. Insofar as it is evident from the Order Data that the documentation is not included in the scope of delivery, the documentation shall be purchased separately; in such case the Customer shall not have any right to generate copies but shall purchase the required number of documentation copies.
Siemens shall deliver a License Key to the Customer if the Software requires a License Key for technical activation purposes.
If the Parties agree that the Customer is to acquire only the Software but not the rights of use for the Software for the time being, the License Key and the CoL shall not be included in the scope of delivery. If the Customer acquires the rights of use limited to validation purposes, a CoL may be included in the scope of delivery.
1.5 Included Third-party Software Components
Insofar Open Source Software (hereinafter "OSS") is included in the Software, such is listed in the Readme_OSS file of the Software. The Customer is entitled to use the Open Source Software in accordance with the respective applicable license conditions of the Open Source Software. These OSS license conditions are included with the Software and shall prevail over these General Conditions. The Open Source Software license conditions shall have priority insofar as such grant the Customer on the basis of the connection of OSS components with propriety components certain rights of use also in relation to the propriety components.
Siemens shall make available to the Customer, at the request of the Customer, the Open Source Software source code in return for payment of a fee to compensate for expenses insofar as the license conditions of the Open Source Software envisages such a release of the source code. The Software may, in addition to Open Source Software, also contain other licensed software, i.e. software which was not developed by Siemens itself but which Siemens has obtained from third parties, e.g. Microsoft Ireland Operations Ltd, under license. If the Customer shall receive in such case the conditions of the respective licensor of the licensed software in the Readme_OSS file, these shall apply to the liability of the licensor in relation to the Customer. In terms of the liability of Siemens to the Customer, the General Conditions shall apply in each case.
1.6 Nature of the Software, Systems Environment
The nature of the Software shall be based exclusively on the Order Data/ the order confirmation in connection with the documentation to the Software available at the time of the concluding of the contract. The Customer shall make available the system environment in accordance with the requirements in the Order Data/ order confirmation or the CoL and the related documentation.
The Customer shall install the Software itself and shall configure such.
2 License Type
Siemens shall grant the Customer the following rights to the Software for the License Types stated hereinafter.
2.1 Single License
The Customer shall be granted a non-exclusive right, valid for an indefinite period of time, to install the Software on one (1) instance and to utilize the Software thus installed in the manner specified in the Order Data or CoL (see "Type of Use").
2.2 Floating License
The Customer shall be granted a non-exclusive right, valid for an indefinite period of time, to install the Software on any desired number of the Customer's hardware devices. The number of objects (e.g. users or devices) permitted to utilize the Software at the same time is to be determined on the basis of the Order Data or the CoL.
2.3 Rental License
The Customer shall be granted the non-exclusive right, limited in time as stipulated in the Order Data or CoL (see "Type of Use"), to install the Software on one (1) instance and to use such. If the period of use is specified in hours, the respective time limits for usage shall be determined from the Software start-up and end with the closing of such. If the period of usage is specified in days, weeks or months, the specified period commencing with the first start-up of the Software shall apply regardless of actual usage. If the usage period is date-based, the license shall end on this date irrespective of actual usage.
2.4 Rental Floating License
The Customer shall be granted the non-exclusive right, limited in time as stipulated in the Order Data or the CoL (see "Type of Use"), to install the Software on any number of the Customer’s instances. The number of objects (e.g., users or devices) which are permitted to use the Software simultaneously is specified in the Order Data or the CoL. If the period of use is specified in hours, the usage decisive for the calculation of the respective time limits for usage shall be determined from the Software start-up and end with the closing of such. If the period of usage is specified in days, weeks or months, the specified period commencing with the first start-up of the Software shall apply regardless of actual usage. If the usage period is date-based, the license shall end on this date irrespective of actual usage.
2.5 Demo License
The Customer shall be granted the non-exclusive right, limited in time as stipulated in the Order Data or the CoL (see "Type of Use"), to install the Software on one (1) instance and use it for validation purposes. If the period of usage is specified in days, weeks or months, the specified period commencing with the first start-up of the Software shall apply regardless of actual usage. If the usage period is date-based, the license shall end on this date irrespective of actual usage.
2.6 Demo Floating License
The Customer shall be granted the non-exclusive right, limited in time as stipulated in the Order Data or CoL (see "Type of Use"), to install the Software on any number of the Customer’s instances. The number of objects (e.g. users or devices) permitted to utilize the Software at the same time for validation purposes can be derived from the Order Data or CoL. If the period of usage is specified in days, weeks or months, the specified period commencing with the first start-up of the Software shall apply regardless of actual usage. If the usage period is date-based, the license shall end on this date irrespective of actual usage.
2.7 Trial License
The Customer shall be granted the non-exclusive right to install the Software on one (1) instance and use it for validation purposes as stipulated in the Order Data or the CoL (see "Type of Use"). The period of usage is limited to 14 days and shall commence with the start-up of the Software, unless a different period of usage is specified in the Order Data or the CoL. The Customer must delete or uninstall the Software after period of use.
3 Software Type
The Customer may acquire from Siemens both Engineering Software as well as Runtime Software. If the Software Type is not detailed in the Order Data or the CoL, the rights in relation to the Software shall be those in accordance with section 3.2 (Runtime Software).
3.1 Engineering Software
In the event that the Customer uses the Engineering Software to generate its own programs or data containing parts of the Engineering Software, the Customer shall have the right, without having to pay any license fee, to copy and to use these parts of the Engineering Software as a part of its own programs or data, or to supply such to third parties for use. Insofar as, in relation to the due use of Engineering Software, parts thereof are included in programs developed by the Customer, such parts of the Engineering Software shall apply as components of its own programs or data. Otherwise, it shall not be permissible to separate parts of Engineering Software; section 5.3 shall not be affected hereby. If the Customer makes available to any third party the above named developed programs or data, it shall protect the Engineering Software contained therein in accordance with the provisions under section 5.
3.2 Runtime Software
If the Customer incorporates Runtime Software or any parts thereof into its own programs or data, it shall purchase a license with respect to the Runtime Software each time it installs or otherwise copies its own programs or data containing (Siemens) Software or parts thereof, or which the Customer links with a copied item of its own programs or data, in accordance with the relevant intended type of use and on the basis of the Siemens catalogue valid at that time. If the Customer makes available to any third party the specified programs or data, section 5.4 shall apply in relation to the corresponding Runtime Software. This section 3.2 does not grant any rights to separate Runtime Software parts; section 5.3 shall not be affected hereby.
If the Runtime Software contains tools for parameterization/configuration and extended rights have been granted in this regard, such shall be detailed in the Readme file of the Runtime Software.
4 Earlier Versions, Upgrade and Power Pack
4.1 If from the Order Data or the CoL it is apparent, e.g. through the additional identification of “Upgrade” or "Power Pack" in the product name of the Software, that the Software is to serve as an Upgrade for another Software, on such upgrading the rights of use granted to an Earlier Version shall cease. The rights of use in accordance with section 4.3 shall not be affected hereby.
4.2 The Customer has the right, insofar as it has in its due possession an Earlier Version of the Software, to exercise the rights of use granted to the Software either in relation to the Software itself or –insofar as such is technically foreseen – to the Earlier Version.
4.3 Insofar as in the Readme file of the Software under the section "Parallel Use" Earlier Versions are listed, the Customer shall have the right to exercise the rights of use granted to the Software as an alternative also on the Earlier Versions listed therein in one (1) instance. If in the Order Date or in the CoL the named "Type of Use" is: "Installation" or "User", the Customer may use the Earlier Versions listed in the Readme file in addition to the licensed Software and parallel to the Software on the number of instances for which it is allowed to install or use the acquired Software. Any transfer of Earlier Versions to a third party is permissible only together with the transfer of Software in accordance with section 5.4 et seq.
5 Further Rights and Duties of Customer
5.1 The Customer shall have no right to rent out or in any other way license Software or to publicly make available or accessible such by way of cable or wireless or make available such to third parties for any charge or free of charge, for example, in the course of the application service providing or as 'Software as a Service'.
5.2 The legal right of the Customer to the generation of a back-up copy shall remain unaffected.
5.3 The Customer shall not change the software nor decompile it or translate the software or extract program elements insofar as such is not permitted in accordance with the provisions of copyright law. Insofar as the Customer acts under any of these provisions of law as such is necessary in order to establish the interoperability to an independently obtained computer program, the Customer shall, before undertaking such measures, request the necessary interface information or other information from Siemens in writing and allow Siemens a reasonable time and opportunity to make such information available so that the legitimate interests of Siemens can be protected. In addition, the Customer is not entitled to remove any alphanumerical identification, brands or copyright labels from the Software or the data medium and shall, insofar as the Customer is entitled to generate copies of the Software, copy such without alteration.
5.4 The Customer is entitled to transfer any Software acquired by the Customer in the course of a purchase from Siemens to a third party. In such case the Customer shall cease fully to use the Software and shall remove all installed copies of the Software from its equipment and its instances and erase any copies located on other data medium or, at the request of Siemens, shall provide such to Siemens insofar as the Customer is not required to retain such for a longer period in accordance with the law. The use of any such retained copies is prohibited.
5.5 If the Customer has received a License Key for the Software, this key shall be supplied to the third party together with the Software. Furthermore, the Customer shall submit to the third party the order confirmation and the CoL together with these General Conditions. The Customer shall submit the CoL received for the Software to Siemens at any time, if requested.
5.6 If the Software is a Power Pack or an Upgrade, the Customer shall keep the CoL of the Earlier Version and submit it to Siemens at any time, if requested, together with the CoL for the Software. The Customer shall transfer to the third party also the CoL of the Earlier Version, when it transfers the Power Pack and the Upgrade according to section 5.4.
5.7 The Customer shall confirm in writing to Siemens upon the request of Siemens the complete carrying out of the measures set out in sections 5.4, 5.5 and (insofar if such is applicable) 5.6 or shall describe to Siemens as necessary and as applicable any reasons for a longer retention. In addition, the Customer shall make any third party expressly subject to the duties to observe the rights granted in accordance with sections 2 and 3 and the duties in accordance with sections 5.1 to 5.3.
5.8 If the Customer receives a data medium which, in addition to the Software, contains further software products which are released for use, it shall have the right to use these released software products exclusively for validation purposes, for a limited period of time and free of charge. Such period of use shall be limited to 14 days, commencing with the first start-up of the relevant software program unless a different period is specified, e.g. in the Readme file of the relevant software product.
5.9 Such software products supplied exclusively for validation purposes shall be governed by the stipulations contained in these General Conditions. The Customer shall not be authorized to pass on these software products separately, i.e. without the Software, to a third party
5.10 Details in case of use by U.S. government authorities: the Software is commercial computer software.
The terms of the purchase contract shall apply with priority. In the event of any conflicts or inconsistencies between these conditions and the terms of the purchase contract the purchase contract shall prevail.
PLEASE NOTE FOR CUSTOMERS IN THE UNITED STATES: The foregoing “General Conditions for the Provision of Software for Automation and Drive Technology to a Customer with its Seat in Germany” do not apply to Software furnished by Siemens Industry, Inc. for customers in the United States. Instead, the terms and conditions incorporated into the purchase contract shall apply.
To Resellers: You have to submit to your customer these notes, the license conditions and the enclosed storage media, if applicable, to avoid a breach of the license conditions by you and your customer.
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