Belden 3107a pdf

In the event of a breach of the rights of use or upon a modification of the Software by the Customer, Hirschmann may withdraw the right of use from the Customer and - irrespective of other existing rights - demand the return or the destruction of the Software as well as that of any existing copies. The right of use of the Software may be terminated without notice by Hirschmann if a significant cause exists.

A significant cause shall exist for Hirschmann especially if the Customer breaches the conditions of this contract and continues its actions in breach of contract, even though Hirschmann has warned it against such actions. The right of use is granted subject to the complete payment of the one-time license fee. With reservation of all rights of use granted under section 6, Hirschmann remains the proprietor of all rights, especially those of copyrighted exploitation rights, also those of copying, distribution and translation of the delivered programs, of the literature and documentation and similar items pertaining thereto, and of all complete or partial back-up copies made by the Customer within the scope of its use.

If the program is delivered to the Customer only in machine code, then the Customer will not acquire access to the source code. The Customer is obligated to prevent unauthorized access by third parties to the Software, as well as to the documentation, by appropriate precautionary measures. Delivered original data carriers and back-up copies are to be maintained in a secure place to prevent unauthorized access by third parties. The Customer will instruct its employees in an appropriate manner concerning Hirschmann's proprietary rights.

The Customer is obliged to examine the delivered Software, including documentation, within 8 working days after delivery, especially with regard to data carriers and manuals, as well as to the operability of the basic program functions.

Defects which are thereby ascertained or ascertainable must be reported to Hirschmann without undue delay. The notification of defects must contain a best-efforts description in detail of the defects. Defects which are not ascertainable within the framework of the described and orderly examination must be reported within 8 working days after their discovery in compliance with the described defect requirements.

Upon failure to fulfil the obligation to examine and inspect, the Software is considered as accepted with due regard for concerned defects. The Customer is aware that, in accordance with the state-of-the-art technology, it is not possible to produce a computer program which is completely free of errors. Hirschmann warrants that the programs delivered as Software will fulfil the functional and performance features which are contained in the valid product descriptions at the time of entry into the contract, or which are separately agreed to.

Excepted from this are defects which represent only non-essential deviations from the respective valid product description. Hirschmann assumes no responsibility that the Software will run without interruption or error, that all Software errors can be eliminated by Hirschmann, and that the functions contained in the Software may be executed in all of the combinations selected by the Customer or that they correspond to its requirements.

Hirschmann assumes the obligation to rectify Software errors which impair use in compliance with the contract and which are not of an immaterial nature, specifically at Hirschmann's selection and, depending on the significance of the error, by the delivery of improved software or through information regarding the elimination or through circumvention of the effects of the error. The precondition for the rectification of errors is that the effects of the errors be reproducible, that they be adequately described by the Customer, and that the error be reported to Hirschmann within the term stipulated in section 8.

The warranty is excluded to the extent that the error is due to the Customer or a third party making modifications of any kind to the Software or data carriers or treating them in an improper manner.

Hirschmann warrants that the data carrier is free from material or manufacturing defects. Hirschmann will replace any defective data carriers with data carriers which are free of defects. The Customer has the right to demand a reduction of the user's fee upon an unsuccessful replacement shipment, or to rescind the contract without cost.

In the event of rescission, the Customer will return to Hirschmann any data carrier with the Software and documentation pertaining thereto or will destroy any existing copies. For further claims, especially for compensation for damage which does not occur in the programs themselves, Hirschmann assumes liability pursuant to section Claims against Hirschmann as well as its employees or agents for compensation for damage, irrespective of the legal basis, are excluded, especially a claim for replacement of damage which does not occur to the Software itself.

This does not apply to the extent that Hirschmann is liable under mandatory law, e. Hirschmann is not liable for the replacement of data unless Hirschmann willfully or through gross negligence caused the data's destruction and the Customer has determined that that data can be reconstructed at reasonable cost from data material which is available in machine-readable form.

The provisions set out in these Software Conditions concerning the exclusion of liability section 10 shall apply only if the Customer is a businessperson? All claims directed against Hirschmann due to a quality defect or a defect in title become time-barred 12 months after the statutory warranty commencement, unless the German Product Liability Act or other legislation, particularly?

The period of limitations for claims based on liability for damage and loss arising out of loss of life, personal injury or damage to health which is due to a negligent or intentional breach of duty by Hirschmann or a legal representative or vicarious agent of Hirschmann, and for other damage and loss which is due to an intentional or grossly negligent breach of duty by Hirschmann or a legal representative or vicarious agent of Hirschmann, shall be determined in accordance with the statutory provisions.

If the program delivered based on this contract is partially or wholly exchanged within the framework of the warranty performance, then the Customer is obligated to verifiably destroy the original of the program or to return it to Hirschmann.

The Customer is able to terminate the contract at any time in whole or in part. In the event of the termination of this contract, the Customer is obliged to return to Hirschmann or verifiably destroy the original as well as all copies and partial copies of the programs concerned and also modified copies of the pertinent programs associated with other software materials.

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