AutomationML Version Builder PlugIn

Last Updated: July 30, 2019

This end user license agreement ("EULA") governs your download and/or use of the executable code for the AutomationML Version Builder PlugIn including any update or upgrade thereto (hereinafter referred to as the "Software"), which is executable with the AutomationML Editor, a software distributed by the AutomationML association. It also contains our general terms and conditions. This EULA forms a binding contract between you and inpro Innovationsgesellschaft für fortgeschrittene Produktionssysteme in der Fahrzeugindustrie mbH, Steinplatz 2, D-10623 Berlin, HRB 21 171 (Local Court of Charlottenburg - Berlin/Germany).

Terms & Conditions

1. This EULA constitutes a contract between you and inpro. You may not use the Software if you do not accept the terms in this EULA. By downloading and/or using the Software, you agree to be bound by all the terms and conditions set forth in this EULA. If you disagree with the EULA at any time you are not entitled to use / continue the use of the Software. In this case you shall cease to use the Software and uninstall the Software and delete all parts of the Software from your personal computer (or other device) immediately.

2. You are only granted a limited license to the Software. Subject to the terms and conditions of this EULA, inpro hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to:

(A) use the executable code version of the Software solely as installed on your personal computer; and

(B) reproduce and share (or otherwise make available) the Software with/to third parties (end-users) solely as included in the application repository PROVIDED THAT in all cases the Software is shared (or otherwise made available): (i) without modification; (ii) free of charge to end-users; and (iii) with a copy of this EULA in conjunction with the express reference that the end-user has to accept this EULA prior to using the Software (which constitutes a contract between the end-user and inpro as set out hereunder directly).

You may only use the Software as expressly authorized in this Section 2.

3. You must respect our rights in the Software. Unless expressly permitted by law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software. You may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the Software. You may not separate the component programs of the Software for use on different computers or sublicense, lease, rent, loan, or distribute the Software to any third party. You may not permit, direct or authorize any third party to take any action with respect to the Software which is inconsistent with the terms set forth in this EULA.

4. The Software contains our valuable intellectual property. You acknowledge and agree that the Software, including its sequence, structure, organization, source code and applicable documentation, contains valuable trade secrets and other intellectual property of inpro and its associates. The Software is licensed and not sold to you, and no title or ownership to such Software or the intellectual property rights embodied therein is granted to you. The Software is the exclusive property of inpro and its associates, and all rights in and to the Software not expressly granted to you in this Agreement are reserved. Nothing in this EULA will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of inpro , except to the extent necessary for you to use the Software as expressly permitted under this EULA. You acknowledge and agree that any actual or threatened breach of this EULA will constitute immediate, irreparable harm to inpro for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.

5. If Components from third parties may be delivered along with the Software. The Software is delivered along with certain software components provide by third parties ("Third Party Software"). inpro shall not be responsible for any such Third-Party Software. Third-Party Software, particularly open source software, may be subject to separate license terms included with, or contained in the setup installation segments of such Third-Party Software. The terms set forth in this EULA do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software licenses. This EULA governs your use of the Software in executable form.

6. Your license to use the Software terminates if you breach this EULA. This EULA will commence upon your download of the Software and continue in perpetuity unless terminated earlier as provided herein. This EULA will immediately terminate upon your breach of any of the terms or conditions set forth herein. Upon the termination of the EULA, you will discontinue all use of the Software, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by inpro , certify in writing that such destruction has taken place. These remedies are cumulative and in addition to any other remedies which may be available. Section 1, as well as Sections 3 through 8 of this EULA shall survive termination.

7. The Software is provided without any warranties or guarantees. THE SOFTWARE IS PROVIDED "AS IS", AND INPRO DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, OR QUIET ENJOYMENT. INPRO DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE DOES NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND INPRO. INPRO WOULD NOT PROVIDE THE SOFTWARE ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY OF INPRO'S CUSTOMERS OR SUPPLIERS UNDER OR BY VIRTUE OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE.

8. Liability

inpro shall be liable under the terms of this EULA only in accordance with the provisions set out under (i) to (iv) below:

(i) inpro shall be unrestricted liable for losses caused intentionally or with gross negligence by inpro, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance; in respect of gross negligence of other assistants in performance inpro's liability shall be as set forth in the provisions for simple negligence in (iv) below.

(ii) inpro shall be unrestricted liable for death, personal injury or damage to health caused by the intent or negligence of inpro , its legal representatives or assistants in performance.

(iii) inpro shall be liable in accordance with the German Product Liability Act in the event of product liability.

(iv) inpro shall be liable for losses caused by the breach of its primary obligations by inpro , its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the EULA, which were decisive for the conclusion of the EULA and on the performance of which EULA may rely. If inpro breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by inpro at the time the respective service was performed. The amount of damages in accordance with section (iv) above shall be limited to the usual amount of damages that are to be expected, but in no case more than the amount paid to inpro in respect of the Software and its use, or if no fees were paid to inpro, no more than 250,00 Euro.

9. General:

Any waiver in respect to any breach of contract shall not be deemed a waiver of similar or identical breaches in the future.

If any term or provision of the EULA shall be found to be illegal or unenforceable therein, this EULA shall remain in full force and effect.

This EULA and performance by the parties hereunder shall be construed in accordance with the laws of the Federal Republic of Germany, without regard to provisions on the conflicts of laws or to the U.N. Convention on Contracts for the International Sale of Goods. Exclusive venue shall be with the courts of Berlin, Germany.

inpro 2019

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