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for the usage of a CODESYS Software or

CODESYS Software Package

General Terms of

License (End User License Agreement) for the supplied Software. Please read

this Software User Agreement carefully before using the supplied Software.

Downloading or installation of the Software constitutes recognition by the

customer of the conditions of this Agreement.

The following

conditions are agreed between you as the software user and the company 3S-Smart

Software Solutions GmbH (hereinafter referred to as 3S), 87439 Kempten

(Germany) and are legally binding.

With this

license agreement, you acquire the permission of use for Software from 3S (e.

g. http://codesys.com, http://store.codesys.com). Some products may only be

used for a limited period of time (Products with the name affix “Abo”,

“Abonnement” or “Subscription”). If you do not agree to the following license

agreement, then you, the user, are not permitted to save and/or install the

Software. Should you have already installed the Software, and you do not agree

to the license agreement, then immediately delete or uninstall the Software.

§ 1 Object of the License

Agreement

The object of

the License Agreement is the supplied Software that you have received either

directly or from the CODESYS Store. With the provided Software, the user is in

the position to use and/or to extend the CODESYS Development System and/or

implement a CODESYS runtime environment on a specific programmable logic

controller (PLC), herein termed "device". The user has the right to

install the functions of the Software after installation of the device software

and/or the CODESYS Development System.

In this way, the

user can use the functions as specified in the data sheet of the Software.

§ 2 Geographic Restriction

None

§ 3 Rights of Use

Different

license models grant different usage rights. A CODESYS Softcontainer or CODESYS

Key (hardware dongle) is required to use the demo, full or time license.

Free: Software

that is indicated as "Free" in the CODESYS Store is not subject to an

automatic license check by the manufacturer and can be used free of charge.

Demo: The user

can order a simple and non-transferable demo license to the supplied Software,

depending on availability. The license protected demo software is free of

charge but limited by time and/or functionality.

Full: The

provided Software is protected by license and requires a fee. The user acquires

an unrestricted, simple, and non-transferable license to use the supplied

Software with no restrictions.

Time license: Alternatively,

a time-limited license is offered to the user, with which the user acquires a

simple, non-transferable license to use the delivered software for an agreed,

contiguous period.

It is not

permitted to edit, modify, disassemble or decompile the Software or to use

other processes of reverse engineering to by-pass the licensing mechanism, or

to have these processes performed by third parties, insofar as this is not

absolutely required for exploiting the rights that result from licenses in all

events for open source components.

The Software can

be components that are licensed as open source software. For these components,

the contents of the respective open source licenses apply, as also stored in

the Software. The list of components with the terms and conditions of license

are available for reading before purchase and are also included in the

Software. The licensee receives a simple rights of use from the respective

right holders for using the open source software under the conditions as

provided for it by the respective valid license terms. The provided license

terms apply to only the components that are not licensed as open source

software.

All rights regarding

the usage and exploitation of the software and Software remain reserved to 3S.

§ 4 Warranty

4.1. The manufacturer warrants that the installed Software will

substantially conform to its documentation or data sheet. The following

restrictions shall apply. In particular, there is no warranty that the Software

fulfills the specific requirements of the user, serves his specific purpose and

works together with all the other programs selected by the user, in so far as

interfaces to these programs have not been agreed upon in writing.

4.2. It is deemed to be agreed and the user recognizes and

accepts that, according to the current state of knowledge and technology, it is

not possible to create software in such a way that it works without errors or

faults under all application conditions. A deviation from the agreed properties

of the Software can only be considered significant if normal operation is

substantially disrupted. If a disruption occurs under exceptional

circumstances, this cannot be considered as a deviation from the agreed

properties of the Software.

4.3. The

user shall immediately examine the Software supplied, shall establish its

appropriateness for the intended purpose and shall immediately issue complaints

about initial or non-initial errors/defects in detail and in such a way that

the error/defect can be reproduced by the manufacturer. The user agrees to

provide 3S with material giving information on the nature and occurrence of

these errors/defects in order to contribute to their localization and

correction. The user bears sole responsibility for the selection, installation

and use of the Software, as well as for the intended results thereof.

4.4. The manufacturer does not provide a warranty for errors or

defects that are caused by or result from the following circumstances:

(a) Incorrect or insufficient maintenance or parameterization

(b) Operation outside the software’s specification

location

(d) Interaction with hardware or software not released by the

manufacturer

A special

guarantee which could result in additional rights is not provided.

4.5. Any defects with regard to the supplied Software (including

defects with regard to the program description and any other documents provided

along with the Software), will be rectified by the manufacturer within an

appropriate period of time. The manufacturer has the right to decide between

rework/repair free of charge or replacement at its own discretion.

4.6 The conditions for liability and warranty in these license

terms are valid for the complete Software with respect to the manufacturer. The

liability and warranty conditions of the open source licenses are valid between

the user and the open source right holders.

§ 5 Limitation of Liability

The Software can

be used for numerous applications. The user shall decide independently whether

or not it is also appropriate for the actual intended application. After

installation, the user is responsible for the Software functioning according to

its specifications.

The manufacturer

is liable for intentional acts and gross negligence. The manufacturer shall be

liable for slight negligence only if this involves the breach of a major

obligation deemed essential for the purpose of the contract (cardinal

obligation) and the fulfillment of which the customer may regularly rely upon

or for damages resulting from injury to life body or health. The manufacturer

is obliged to act with due diligence.

Upon the

determination of whether the manufacturer has culpability, it is to be

considered that, as a matter of fact, it is not possible to provide software on

an error-free basis. For events of slight negligence, total liability is

limited to the amount of the foreseeable damage, the occurrence of which must typically

be expected; however, the maximum of such liability arising from the

contractual relationship is limited to a total of EURO 100,000.00. The

manufacturer shall not be liable for other damages, consequential damages, or

lost profits.

The preceding provisions

also apply in favour of any vicarious agent of the manufacturer. Liability

under product liability law remains unaffected. For the loss of data and/or

programs, the manufacturer is not liable insofar the damages are based on the

fact that the user refrained from conducting data security measures and thereby

ensuring that the lost data could be restored with a justifiable expense.

Before commissioning the device and an application written with the CODESYS

Development System, the user is obligated to perform sufficient tests in a safe

environment.

§ 6 Termination

For non-time

limited software this Agreement may be terminated at any time by uninstalling

from the device the described Software from the manufacturer and destroying all

copies thereof.

If the software

is limited in time (subscription or subscription), the user agreement ends with

the termination of the subscription or subscription on the expiry date of the

agreed period of use. The termination of the time limited use can take place at

any time, but must take place at the latest one month before the end of the

expiration of the temporal limitation, in order to still be effective at the

end of the current subscription period. If this does not take place or is done

too late, the period of use is automatically extended by the period of the time

limit agreed in the data sheet. After the end of the period of use, the

functions of the software are no longer available or are only available to a

very limited extent.

§ 7 Governing Law

This License

Agreement shall be governed by the laws of the Federal Republic of Germany

excluding CISG. The place of performance and the court of jurisdiction for all

disputes arising from or in connection with this agreement is

87439 Kempten (Germany). Claims may also be asserted against each

contracting party in its general place of jurisdiction.

§ 8 Severability Clause

Should one

provision of this contract be or become invalid, or should the contract contain

a gap, the validity of the remaining provisions shall remain unaffected. In

place of the ineffective provisions, or in order to fill the gap, a provision

shall apply which, in so far as legally viable, approaches the original

intention of the contractual parties as closely as possible, or what can be

assumed to have been their intention if they had considered the point in

question.