Readme_OSS.rtf

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For Resellers: In order to avoid infringements of the license conditions by the reseller or the enduser these instructions and license conditions have to be forwarded to the enduser.

 

1.              Copyright

 

Name

 

Copyright

Owner or License

Open Communication Wizard

Copyright © 2006-2012

Siemens AG, all rights reserved

 

2.              Siemens License Conditions

2. 1 Subject

Siemens grants the customer a royalty free license according to section 2.2, to use the following software product:

Open Communication Wizard („Software“)

 

2. 2 Rights of Use

Siemens grants the customer a non-exclusive and transferable license, without the right to sublicense, to use the Software.

Unless such is allowed by mandatory law, the customer shall not modify the Software nor shall it disassemble, reverse engineer or decompile the Software or separate any part thereof. The customer may make one backup copy of the Software where necessary to secure further use in accordance with these License Conditions.

Giving the Software to third parties, Licensee commits these third parties according to this provision.

 

2. 3 Liability for defects of title or quality

Insofar as Software is made available at no charge, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

 

2. 4 Other Liability

Any further liability of Siemens is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

 

2. 5 Place of Jurisdiction, Applicable Law

Sole venue for all disputes arising directly or indirectly out of this shall be Erlangen in Germany. However, Siemens may also bring an action at the customer's place of business. Legal relations existing in connection with this contract shall be governed by German substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

 

 

 

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