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Condiciones generales de licencia
For Resellers: In order to avoid infringements of the license conditions by the reseller or the buyer these instructions and
license conditions and accompanying CD – if applicable - have to be forwarded to the buyers.
1) Siemens License Conditions
General License Conditions for Software Products for Automation and Drives
(2011-08-01)
1 Supply of Software to Licensee and Granting of Rights to use the Software
1.1 These General License Conditions shall exclusively apply to the delivery of Software for Automation and Drives to the
Licensee. General terms and conditions of the Licensee shall apply only where expressly accepted in writing by us. The
scope of delivery of the Software shall be determined by the congruent mutual written declarations of both parties. We shall
grant the Licensee rights to use the software specified in the Confirmation of Order or, if the Licensee does not receive a
Confirmation of Order, the software specified in the Certificate of License or that specified in the Software Product Sheet, if
the Licensee is instead submitted a Software Product Sheet (hereinafter referred to as "SW"). The Certificate of License and
the Software Product Sheet shall be collectively referred to as "CoL" hereinafter. The Licensee shall be submitted the CoL
when the SW is supplied or in conjunction with the delivery bill. The way in which the SW is supplied is also derived directly
from the Confirmation of Order or from the SW purchase order number contained in the Confirmation of Order, in
conjunction with the associated order data of our catalog valid at the time of the Confirmation of Order (hereinafter
collectively referred to as "Order Data"), or from the CoL. If the Licensee does not receive a data medium, it shall be
authorized to copy the SW already available to it to the extent necessary to exercise the rights to use the SW granted to it.
The aforesaid shall apply, mutatis mutandis, to electronic supply of the software (downloading). Where reference is made to
the Order Data or the CoL in these General License Conditions, the reference to the CoL is of significance if the Licensee
has not received a Confirmation of Order. In any case, the data contained in the Order Data is also contained in the CoL.
1.2 The Documentation relating to the SW (hereinafter referred to as "Documentation") shall be purchased separately,
unless either the Order Data or CoL contains a stipulation stating that it belongs to the scope of delivery. If the Licensee is
authorized to copy the SW in accordance with Clause 1.1, this shall also apply to the Documentation provided that it is
included in the scope of delivery.
1.3 In the event that we submit a License Key to the Licensee, which unlocks the SW (hereinafter referred to as "License
Key"), this License Key must also be installed.
1.4 The rights granted to the Licensee with respect to the SW are based on the License Type (see Section 2) and the
Software Type (see Section 3). The license and Software Types are detailed in the Order Data or CoL. If the SW is supplied
electronically or if copying rights are granted for it, the rights and duties specified in these General License Conditions shall
apply to the legitimately generated copies.
1.5 If the Licensee is legitimately in possession of a previous SW version/release (hereinafter referred to as "Previous
Version"), the Licensee shall be authorized to exercise the rights to use the SW granted to it either with respect to the SW or
- if this is intended from a technical point of view - to the Previous Version, at its own discretion (downgrading). If the SW is
an Upgrade or PowerPack in accordance with Section 4, Section 4 shall apply additionally.
1.6 If Previous Versions are listed in the Readme file of the SW under the category "parallel use", the Licensee has the right
to exercise, alternatively to the user rights granted to him for the SW, the user rights for the listed Previous Versions in one
(1) Instance. If the "Type of use" named in the Order Data or the CoL is: "Installation" or "User", the Licensee is entitled to
the previously described right additionally to and at the same time as the Previous Versions listed in one Instance. An
"Instance" in the context of these General License Conditions is either an instance in a physical operating system
environment or an instance in a virtual operating system environment. The transferability of the user rights onto Previous
Versions is only permissible in conjunction with the user rights for the SW in accordance with Clause 5.3.
1.7 In case the Licensee obtains only the data media but no license as per the Order Data or the CoL, any use of the SW by
the Licensee is subject to the acquisition of a license according to Section 2. Up to the acquisition of the license, the
Licensee is not entitled to supply the SW to third parties.
1.8 In case the SW contains Open Source Software or any similar software of a third party (hereinafter referred to as "OSS")
the OSS is listed in the Readme_OSS-file of the SW. The Licensee is entitled to use the OSS in accordance with the
respective license conditions of the OSS. The license conditions are provided on the same data carrier as the SW. The
license conditions of the respective OSS shall prevail over these General License Conditions with respect to the OSS. If the
license conditions of the OSS require the distribution of the source code of such OSS we shall provide such source code on
request against payment of the shipping and handling charges.
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