License
License
installing on your system, by filing a copy on your system during the installation
or by making available the Software in any other way.
Please note:
This Software is protected under German and/or foreign copyright laws and
provisions in international treaties. Unauthorized reproduction and distribution of
this Software or parts of it is liable to prosecution. It will be prosecuted
according to criminal as well as civil law and may result in severe punishment
and/or damage claims. Please read all license provisions applicable to this
Software before installing and/or using this Software. You will find them after
this note.
If you received this Software as "Trial-Version" this Software may only be used for
test and validation purposes according to the provisions of this Trial License
stated after this note. TO USE THE SOFTWARE IN PRODUCTION PROCESSES IS NOT ALLOWED.
BECAUSE IT IS A TRIAL VERSION WE CANNOT EXCLUDE THAT EXISTING DATA WILL BE MODIFIED
OR OVERWRITTEN OR WILL GET LOST. THEREFORE, WE WILL NOT BE LIABLE FOR ANY DAMAGES
RESULTING FROM THIS INSTALLATION OR FROM IGNORING THIS LEGAL NOTICE AND/OR FOR LOSS
OF DATA.
ANY OTHER TYPE OF USAGE OF THIS SOFTWARE IS ONLY ADMISSIBLE IF YOU HAVE A VALID
LICENSE FROM US. IF YOU DO NOT HAVE A VALID LICENSE (WHICH HAS TO BE ESTABLISHED BY
SUBMITTING A CORRESPONDING CERTIFICATE OF LICENSE, YOU HAVE TO INTERRUPT THE
INSTALLATION PROCESS IMMEDIATELY. DON�T USE THE INSTALLED SIEMENS SOFTWARE AND
CONTACT OUR NEAREST OFFICE TO AVOID ANY DAMAGE CLAIMS.
Security information
Siemens provides products and solutions with industrial security functions that
support the secure operation of plants, systems, machines and networks.
In order to protect plants, systems, machines and networks against cyber threats,
it is necessary to implement - and continuously maintain - a holistic, state-of-
the-art industrial security concept. Siemens� products and solutions constitute one
element of such a concept.
Siemens� products and solutions undergo continuous development to make them more
secure. Siemens strongly recommends that product updates are applied as soon as
they are available and that the latest product versions are used. Use of product
versions that are no longer supported, and failure to apply the latest updates may
increase customer�s exposure to cyber threats.
2. License Type
Siemens shall grant the Customer the correspondingly defined rights of use in
accordance with the agreed License Type. The agreed License Type and Entitlements
be indicated in the Order.
Siemens and its licensors shall retain ownership of the Offerings and the Siemens
IP and of all rights thereto not expressly granted in this Agreement.
2.1 License Types
2.1.1 "Single License" means the Customer is granted a non-exclusive right to
install the Software on one (1) Instance and to utilize the Software thus installed
in the manner specified in the description of the Offering and, where applicable,
in the CoL (see "Type of Use").
2.1.2 "Multiple License" means the Customer is granted a non-exclusive right to
install the number of Instances of the Software specified in the Order and to use
them simultaneously in the manner specified in the description of the Offering and,
where applicable, in the CoL.
2.1.3 "Floating License" means the Customer is granted a non-exclusive right to use
the Software simultaneously on such number of the Customer�s objects (e.g., users
or devices) specified in the Order and, where applicable, the CoL in the manner
specified in the description of the Offering and, where applicable, in the CoL. The
Customer is permitted to install the Software on up to ten (10) times as many
Instances as it has acquired licenses for objects. Example: In case the Customer
acquires a Floating License for three (3) objects, it is entitled to install the
Software on thirty (30) of the Customer�s Instances but may never have more than
three (3) objects using it at the same time.
2.1.4 "Concurrent License" means the Customer is granted a non-exclusive right to
use the Software simultaneously on such number of the Customer�s objects (e.g.,
users or devices) specified in the Order and, where applicable, the CoL in the
manner specified in the description of the Offering and, where applicable, in the
CoL.
2.1.5 If the License Type is not specified in the Order, the Software shall be
subject to the rights, in accordance with section 2.1.1 (Single License).
2.2 Term
Siemens shall grant the rights for all License Types in accordance with section 2.1
to the Customer perpetually unless it is made clear in the Order that the Software
has been licensed only for a Subscription Term as described in section 2.2.
2.2.1 "Rental" denotes the imposition of a time limit on a Single, Multiple,
Floating or Concurrent License with a Subscription Term of up to one (1) year in
accordance with the details in the description of the Offering.
2.2.2 "Subscription" denotes the imposition of a time limit on a Single, Multiple,
Floating or Concurrent License. The length of the Subscription Term shall be
specified in the description of the Offering.
2.2.3 A "Demo License" or "Trial License" denotes a Single, Multiple, Floating or
Concurrent License granted for a limited term and only for the purpose of
validating the Software in accordance with the description of the Offering.
2.2.4 Length of the Subscription Term. The period of use shall be specified in the
description of the Offering and, where applicable, the CoL (see �Type of Use�).
(i) If the period of use for the Software is specified in hours, the utilization of
the Subscription Term shall be calculated on the basis of the time elapsed between
the Software being started and the Software being closed.
(ii) If the period of usage is specified in days, weeks or months, the specified
period commencing with the first start-up of the Software shall apply regardless of
actual usage.
(iii) If the usage period is date-based, the license shall end on this date
irrespective of actual usage.
2.2.5 Automatic renewal of limited-term licenses. If the Parties so agree, the
Subscription Term shall be renewed automatically, the new Subscription Term in each
case being the same as the Subscription Term originally agreed, unless one Party
objects at least 60 days before the expiry of the automatic renewal. The conditions
of this Agreement current at that time shall then apply for the following
Subscription Term in place of this Agreement.
The charges shall remain unchanged unless (i) Siemens notifies the Customer of
different charges to apply in the future at least 90 days before the end of the
current Subscription Term or (ii) the charges for renewed Subscription Terms are
already specified in the Order.
Notifications. Siemens may send the Customer notifications under this Agreement by,
where available, (i) creating a notification on the administrative user account
maintained by the Customer with Siemens to manage subscriptions for Offerings
("Subscription Console") or (ii) by sending an e-mail or other text message to the
address or contact number specified for business-related contacts by the Customer
in the Order. The Customer shall be responsible for visiting the Subscription
Console regularly and ensuring that Siemens is always notified of current Customer
representative contact details. If Siemens is unable to reach the Customer with
notifications for reasons attributable to the Customer, the notifications concerned
shall be deemed to have been received by the Customer within three days of being
sent.
2.2.6 For multiple-year Subscription Terms, Siemens may require new license keys to
be issued during the term.
2.2.7 Termination/expiry of the Subscription Term
The Customer may terminate the Order at any time and with immediate effect by
notifying Siemens accordingly in writing unless an alternative notice period is
agreed in the Order.
Siemens may terminate this Agreement or licenses granted under it with immediate
effect, by notifying the Customer accordingly in writing, (i) for good reasons or
(ii) if the Customer otherwise fails to comply with its obligations and does not
rectify this failure within thirty (30) days of being notified accordingly.
The licenses affected shall expire automatically on termination of this Agreement
or expiry of the Subscription Term. The Customer shall (i) completely remove from
all of its systems all Software for which the licenses are expiring, (ii) ensure
that no copies or residual information from Siemens remains installed on the
Customer's computers and (iii) return to Siemens all copies of the Software and
Documentation if requested to do so by Siemens within 90 days of the rights of use
ending.
Siemens shall be entitled to send a member of staff to the Customer to be present
during removal of the Software or to verify thereafter that the Software has been
removed properly. Section 5.10 shall apply mutatis mutandis.
No reimbursements or credit notes shall be issued as a result of termination under
section 2.2.7.
2.3 Compliance with Licensing Provisions
Siemens reserves the right to integrate into the Software a reporting mechanism to
detect unauthorized use of licenses. The mechanism shall not transfer any technical
or commercial data processed by the Customer using the Software.
3. Software Type
The Customer may acquire from Siemens both Engineering Software and other types of
Software.
3.1 Engineering Software
In the event that the Customer uses the Engineering Software to generate its own
programs or data containing parts of the Engineering Software, the Customer shall
have the right, without having to pay any license fee, to copy and to use these
parts of the Engineering Software as a part of its own programs or data, or to
supply such to third parties for use. Insofar as, in relation to the rightful use
of Engineering Software, parts thereof are included in programs developed by the
Customer, such parts of the Engineering Software shall apply as components of its
own programs or data. Otherwise, it shall not be permissible to separate parts of
Engineering Software; section 5.3 shall not be affected hereby. If the Customer
makes available to any third party the above-named developed programs or data, it
shall protect the Engineering Software contained therein in accordance with the
provisions under section 5.
3.2 All Other Software Types
For any other software type, the Customer shall acquire a license with respect to
the Software in accordance with the relevant intended type of use before installing
or otherwise duplicating Software or parts thereof.
3.3 Extended Rights to the Software
If any extended rights have been granted in respect of the Software or parts
thereof, such shall be detailed in the Readme file of the Software.
4. Earlier Versions
4.1 Expiry of the Right of Use on Upgrading
If it is apparent from the description of the Offering, e.g., through the
additional identification of "Service Pack" in the product name of the Software,
that the Software is to serve as an upgrade for an Earlier Version, on such
upgrading the rights of use granted to an Earlier Version shall cease. The rights
of use in accordance with section 4.3 shall not be affected hereby.
4.2 Option
If the Customer is already legitimately using a license corresponding to the
Earlier Version, the Customer may, at its discretion, exercise the rights of use
granted to the Software either in relation to the Software itself or � insofar as
such is technically foreseen and acting at its own responsibility � to the Earlier
Version.
4.3 Parallel Use
Insofar as Earlier Versions are listed in the Readme file of the Software under the
section "Parallel Use", the Customer shall have the right to exercise the rights of
use granted to the Software as an alternative on the Earlier Versions listed
therein. If in the description of the Offering or in the CoL the named "Type of
Use" is: "Installation" or "User", the Customer may use the Earlier Versions listed
in the Readme file in addition to the licensed Software and parallel to the
Software on the number of Instances for which it is allowed to install or use the
acquired Software. Any transfer of Earlier Versions to a third party is permissible
only together with the transfer of Software in accordance with section 5.6.
PLEASE NOTE FOR CUSTOMERS IN THE UNITED STATES: The foregoing "General Conditions
for Software Products for Infrastructure & Industry Business" do not apply to
Software furnished by Siemens Industry, Inc. for customers in the United States.
Instead, the terms and conditions incorporated into the purchase contract shall
apply.
To Resellers: You must submit to your customer these notes, the license conditions
and the enclosed storage media, if applicable, to avoid a breach of the license
conditions by you and your customer.
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