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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. This applies correspondingly for program documentation and other delivered literature.
Retention of an archive copy for back-up reasons requires a separate, written agreement. The license fee paid - insofar as nothing to the contrary is agreed - will not be refunded. Supplementary agreements and modifications must be in written form. This applies also to a waiver of this written-form requirement. The application of German law is hereby agreed. For any disputes which should arise as a result of the contractual relationship when the Customer is a fully-qualified merchant, a legal entity under public law or a special fund under public law, then the court at the place of Hirschmann's headquarters will have jurisdiction.
If a condition of this contract should be or become invalid, the validity of the remaining conditions shall not be affected thereby. In such an event, the invalid condition is to be understood, interpreted or replaced so that the economic purpose pursued through it is achieved.
The Customer will comply with the German and American export regulations when exporting the Software. Select a product from results. We found more than one product matching criteria; please select which product you want to configure from the list below:. To change your cookie settings or find out more, click here. If you continue browsing our website or close this banner, you accept these cookies.
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No documents are available for this product. No accessories are available for this product. Hirschmann Software Conditions These Hirschmann Software Conditions constitute a legally-binding contract between Hirschmann Automation and Control GmbH, Stuttgarter Strasse , Neckartenzlingen hereinafter referred to as "Hirschmann" and the Customer concerning the use of Hirschmann software products, i. Definitions "Customer" A Customer for the purposes of this contract is a natural person who or a legal entity which agrees to these Hirschmann Software Conditions as stipulated above.
Subject of the Contract Pursuant to this contract, the Customer receives without time limit the right of use of the Software delivered to it on the hardware specified therefor, as well as the use of necessary literature and documentation.
Extent of Performance and Function The extent of performance and function of the delivered programs is determined by the product descriptions valid at the time the contract is entered into. Updates Insofar as the Software is labelled or designated as an update, in order to use this, it is necessary to obtain a license for a product which is defined by Hirschmann as suitable for the update hereinafter referred to as a "suitable product". License Fees Fees for the right of use of the delivered Software shall be agreed upon as a one-time license fee, plus the corresponding value-added tax as required by law.
Right of Use The Software may only be used on one item of the hardware provided therefor. Proprietary Rights 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.
Obligation to Inspect and Report Defects 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.
Warranty 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.
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