This is a legal Agreement between you (either an individual or entity) and cab Produkttechnik GmbH & Co KG, Wilhelm-Schickard-Str. 14, 76131 Karlsruhe, Germany ("cab").
cab is willing to license cab Network Manager to you only upon the condition that you accept all the terms contained in this license agreement ("Agreement"). Please read the terms and conditions of the license carefully. By installing or using this software, you are acknowledging that you have read this Agreement, that you understand it, and that you are agreeing to be legally bound by its terms and conditions. If you do not accept all the terms of this Agreement, you may not install or use the software.
"Licensed Software" means the cab Network Manager software in executable form, any other machine readable materials (including, but not limited to, class files, image files, audio files, and data files) and any user manuals and other documentation provided to Licensee by cab under this Agreement.
cab grants to Licensee, a non exclusive right to install and use Licensed Software or authorize the use of Licensed Software by up to the number of nodes for which Licensee has a license, provided that Licensee:
No license is granted to Licensee for any other purpose.
2.1 Copy restrictions
This software is protected by international copyright laws and international treaty provisions and copying not in accordance with this agreement is forbidden. Licensee may copy the software only as follows: (i) to directly support authorized use under the license and (ii) in order to make a copy of the software for backup purposes. Copies must include all copyright and trademark notices.
2.2 Ownership of software
cab retains all right, title, and interest in the software (included all copies), and reserves all rights not expressly granted to Licensee. This License is not a sale of the original software or of any copy.
3.1 Licensed Software is confidential and copyrighted. Title to Licensed Software and all associated intellectual property rights is retained by cab.
3.2 Except as otherwise provided by law, Licensee may not modify or create derivative works of the Licensed Software, or reverse engineer, disassemble or decompile binary portions of the Licensed Software, or otherwise attempt to derive the source code from such portions.
3.3 No right, title, or interest in or to Licensed Software, any trademarks, service marks, or trade names of cab is granted under this Agreement.
cab is under no obligation to support Licensed Software or to provide Licensee with updates or error corrections (collectively "Software Updates"). If cab, at its sole option, supplies Software Updates to Licensee, the Software Updates will be considered part of Licensed Software, and subject to the terms of this Agreement.
cab wants to use Licensee's feedback to improve Licensed Software. Licensee is encouraged to evaluate and test the Licensed Software for use with Licensee's environment and to provide feedback to cab's email address info@cab.de.
6.1 This Agreement will commence on the date on which Licensee receives Licensed Software (the "Effective Date") and will never expire, unless terminated earlier as provided below.
6.2 Licensee may terminate this Agreement at any time.
6.3 cab may terminate this Agreement immediately should any Licensed Software become, or in cab's opinion be likely to become, the subject of a claim of infringement of a patent, trade secret or copyright.
6.4 cab may terminate this Agreement immediately should Licensee materially breach any of its provisions or take any action in derogation of cab's rights to the Confidential Information licensed to Licensee.
6.5 Upon termination or expiration of this Agreement, Licensee will immediately cease use of and destroy Licensed Software and any copies thereof. A written notice to the other party is not required.
6.6 Rights and obligations under this Agreement which by their nature should survive, will remain in effect after termination hereof.
7.1 Licensee acknowledges that Licensed Software may contain errors and is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility ("High Risk Activities"). cab disclaims any express or implied warranty of fitness for such uses. Licensee represents and warrants to cab that it will not use or license the Licensed Software for High Risk Activities.
7.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
8.1 Licensee acknowledges that the Licensed Software is experimental and may have defects or deficiencies which cannot or will not be corrected by cab. Licensee will hold cab harmless from any claims based on Licensee's use of the Licensed Software.
8.2 Licensee shall have the sole responsibility to protect adequately and backup Licensee's data and/or equipment used in connection with the Licensed Software. Licensee shall not claim against cab for lost data, re-run time, inaccurate output, work delays or lost profits resulting from Licensee's use of the Licensed Software.
8.3 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL cab BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE LICENSED SOFTWARE, EVEN IF KL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
8.4 Licensee acknowledges that cab is under no obligation to release the Licensed Software as a product of cab.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.