License Agreement for the Usage of the supplied
Software Package “PiXtend V2 Professional for CODESYS”

General Terms of License for the supplied Software Package
(Software User Agreement)

Please read this Software User Agreement carefully before using the supplied software.

You have obtained the following software package from the CODESYS Store or directly from the vendor Kontron Electronics GmbH.

The following Software User Agreement is entered into by and between you as the software user and the company

Kontron Electronics GmbH

Max-Planck-Str. 6

D-72636 Frickenhausen

GERMANY

By installing the Software Package, you agree to be bound by the terms of this License Agreement.

If you do not agree to the terms of this License Agreement uninstall the Software Package immediately.

§ 1 Object of the License Agreement

The object of this License Agreement is the supplied Software Package “PiXtend V2 Professional for CODESYS” which must be installed in addition to CODESYS.

The Software Package functionality is installed on the development PC after the installation of the CODESYS Development System and is seamlessly integrated into the development system. The Software is supplied in form of a Package.

The CODESYS Software Package placed at your disposal has no licensing mechanism. A dongle (CODESYS Security Key) is not needed to use the Software Package.

"PiXtend V2 Professional for CODESYS" makes use of examples, source code, and software-libraries provided by the company CODESYS GmbH, GERMANY whose terms and conditions including all rights, liabilities, and licence agreements between the user and CODESYS stay unaffected from this agreement.

The Software is supplied as a software package and can be installed on multiple workstations.

§ 2 License Grant

The examples and the RC-Plug library included in the software package, placed at your disposal, are provided free of charge and licensed under the MIT license.

It is permitted to edit, modify, and adapt these examples and the RC-Plug library to suit the user’s purposes as long as this is done in accordance to the MIT license.

The software libraries for the PiXtend V2, which are part of the package, are provided free of charge, it is however not permitted to edit, modify, disassemble, or decompile these libraries or to use other processes and mechanisms of reverse engineering or to have these processes performed by third parties.

All rights regarding the usage and processing of the Software Package remain reserved to Kontron Electronics GmbH.

§ 3 Warranty

3.1 Kontron Electronics GmbH warrants that the installed CODESYS Package will substantially conform to its documentation. The following restrictions shall apply. In particular, there is no warranty that the program package 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 contractually agreed upon.

3.2 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 Package 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 Package.

3.3 The user shall immediately examine the CODESYS Software Package supplied, shall establish its usability 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 Kontron Electronics GmbH. The user agrees to provide Kontron Electronics GmbH with material giving information on the nature and occurrence of these errors/defects in order to contribute to their localization and correction if requested by Kontron Electronics GmbH. The user bears sole responsibility for the selection, the installation and the use of the CODESYS Software Package as well as for the intended results thereof.

3.4 Kontron Electronics GmbH does not provide a warranty for errors/defects which result from…

(a) incorrect or insufficient maintenance or parametering,

(b) operation outside the software’s specification,

(c) incorrect preparation and/or maintenance of the installation location or

(d) interaction with hardware or software not released by GmbH.

A special guarantee which could result in additional rights is not provided.

3.5 Any software errors/defects reported by the user (including errors/defects in the documentation or other supplied documents) will generally be rectified by Kontron Electronics GmbH within an appropriate period of time, but the user has no legal right to demand any form of rectification.

§ 4 Limitation of Liability

Kontron Electronics GmbH is liable for intent and gross negligence. Kontron Electronics GmbH 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.

Kontron Electronics GmbH is obliged to act with due diligence. In determining whether or not Kontron Electronics GmbH has culpability, it must be taken into consideration that software is never error free.

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 EUR 10000.00.

The preceding provisions also apply in favor of any vicarious agents of Kontron Electronics GmbH.

Liability under product liability law remains unaffected.

Kontron Electronics GmbH is not liable for the loss of data and/or programs, insofar the damages are based on the fact that the customer failed to take appropriate data protection measures to ensure that lost data can be restored at a justifiable expense.

Before starting an application written with the Development System CODESYS the user is obligated to perform sufficient tests in a safe environment.

§ 5 Termination

This Agreement may be terminated at any time by un-installing the CODESYS Software Package from Kontron Electronics GmbH and destroying all copies thereof.

§ 6 Governing Law

This User Agreement shall be governed by the laws of the Federal Republic of Germany excluding CISG. Place of jurisdiction for any dispute arising directly or indirectly from this Agreement is Stuttgart. Claims may also be asserted against each contracting party in its general place of jurisdiction.

§ 7 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.