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1.11 Appendix
1.11.1 Festo terms and conditions for the use of software packages
I. Property rights and scope of use
The product comprises data processing programs and the corresponding program descriptions. It is
described below in its entirety as the software package.
Festo or third parties have the protective rights of these software packages. In so far as the rights extend
to third parties, Festo has appropriate rights of use. Festo grants the purchaser with the purchase and
simultaneous recognition of the following conditions the use in conformity with these conditions as follows:
1. Scope of use
a) The purchaser of the software package receives a simple non-transferable right of use and is authorised
to use this exclusively for his own internal purposes as a tool for components from Festo on any desired
number of machines within his firm's premises (location of use).
b) The conditions under a) also apply if the software package is used with other programs or is run in
conjunction with these programs.
c) The software package, even when used in conjunction with other programs, may be copied any number
of times and kept at the location of use of the purchaser for the purpose of data backup and elimination of
faults. Reproduction for other purposes, especially for passing on to third parties or for processing or use
different from the above stated use is not permitted.
2. Copyright note
Every program contains a copyright note. This note must be transferred to every copy, edit and every part
of the program that is combined with other programs.
3. Any conditions of other manufacturers contained in this software package are invalid.
II. Exporting the software package
When exporting the software package, the purchaser must observe the export conditions of the Federal
Republic of Germany and of the purchasing country.
III. Warranty
1. Festo guarantees that the software program it created corresponds with the application description and
program specification but not that the functions included in the software run entirely without interruptions
and errors or that the functions included in the software can run or meet the requirements in all
combinations selected by and in all conditions of use designated by the purchaser.
2. Defects in the software material which the purchaser gives notice of in writing in an understandable form
within the limitation period will be rectified by Festo within a reasonable period under the exclusion of all
further warranty claims by supplying a revised edition.
3. If Festo does not fulfil its obligation to rectify the defect within a reasonable period, or if the improvement
fails, the purchaser is entitled to demand a reasonable reduction of the charge for use or withdraw from the
contract.
4. The warranty claims expire after 3 months. The period of limitation commences on transmission/transfer
of the licence material.
5. The warranty is not valid for defects caused by changes made by the purchaser himself to the
conditions of use created for the program and indicated in the documentation/specification. If the defect
cannot be ascertained after a check or if the fault is caused by circumstances for which Festo is not
responsible, the purchaser shall bear the costs incurred by Festo.
6. Festo points out explicitly that it is not possible according to the state of technology to create
programmed software that functions without problems for all applications and combinations intended by
the user or that is compatible with these.
As a rule the software must therefore be used in the designated manner as specified in the program
description and in the user instructions. At the moment when the software is transferred or made available,
it is in a state in which it will function under normal operating and application conditions.
7. The responsibility for the correct selection and for the consequences arising from the use of the software
in the environment selected by the user, as well as the therewith intended and produced results shall be
borne by the user/purchaser himself. The same applies to the written documentation supplied with the
software. Use of the programmed software does not, therefore, exempt you as the customer from the
obligations and responsibility to observe and comply with computer and security-related conditions and
also a comprehensive function test.
IV. Liability/limitations of liability
1. Claims for damage by the purchaser and especially liability for consequential damage are excluded,
irrespective of the legal grounds; this also applies to claims for impossibility, inexecution, collateral
negligence, tort and default.
2. Furthermore, Festo is not liable for inadequate economic success or for third party damage or claims,
with the exception of claims arising from the infringement of third party property rights.
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