Siemens 012 EULA Desigo Cc Weather Extension Module

END USER LICENSE AGREEMENT SIEMENS Desigo CC Weather Extension Module CAREFULLY This End User License Agreement EULA is a legal agreement between either an a legal entity or any affiliated companies or other entities and Siemens Industry Inc as the licensor hereafter or for the LICENSED SOFTWARE specified in Clause 1 each a and collectively The EULA You to use the LICENSED SOFTWARE under the terms and conditions set forth below Read this EULA carefully installing or using the LICENSED SOFTWARE INSTALLING COPYING OR OTHERWISE USING THE LICENSED SOFTWARE YOU ACKNOWLEDGE THAT YOU 1 HAVE READ UNDERSTOOD THIS EULA AND ANY THIRD PARTY LICENSES INCLUDING ANY OPEN SOURCE SOFTWARE LICENSES SET IN THE TERMS ADDENDUM BELOW OR MADE AVAILABLE FOR YOUR REVIEW AS SPECIFIED IN CLAUSE 6 TERMS AND 2 AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA AND SUCH TERMS FURTHERMORE YOU CONFIRM THAT YOU HAVE THE POWER TO MAKE SUCH A DECLARATION ALSO YOUR COMPANY YOU FURTHER AGREE THAT IF SIEMENS OR ANY LICENSOR OF SIEMENS IS REQUIRED TO ENGAGE IN PROCEEDING LEGAL OR OTHERWISE TO ENFORCE THEIR RIGHTS UNDER THIS EULA SIEMENS AND OR ITS LICENSOR BE ENTITLED TO RECOVER FROM YOU IN ADDITION TO ANY OTHER SUMS DUE REASONABLE ATTORNEY FEES AND DISBURSEMENTS UNLESS OTHERWISE AGREED IN A SEPARATE WRITING BETWEEN THE PARTIES IF YOU DO NOT TO ALL THE TERMS AND CONDITIONS OF THIS EULA YOU ARE NOT ENTITLED TO INSTALL OR USE THE LICENSED IN SUCH AN EVENT YOU SHOULD PROMPTLY CONTACT SIEMENS FOR INSTRUCTIONS ON RETURN OR CERTIFIED OF THE LICENSED SOFTWARE LICENSED SOFTWARE As used in this EULA the term SOFTWARE shall mean i the software offered by under the brand name CC Weather Extension Module in any release and ii any related documentation the LICENSED SOFTWARE PROPERTY RIGHTS NOTICE The Licensed Software and all rights without limitation including all patents trademarks trade secrets publicity rights and other proprietary rights therein are owned by Siemens licensors or affiliates and are protected by international treaty provisions and all applicable national laws The structure and code of the Licensed Software are the valuable trade secrets and confidential information of Siemens their or affiliates Except as expressly and unambiguously provided herein You do not possess and Siemens does not to You any express or implied rights whether by implication estoppels or other legal theory in or to any such property rights and all such rights are retained by Siemens its licensors or affiliates You must reproduce and the copyright notices with any permitted copies You make of the Licensed Software LICENSE GRANT AND USE RESTRICTIONS The LICENSED SOFTWARE is not sold to You Siemens only grants to You a non transferable license to use the Licensed Software in executable form solely for your own use The EULA use of the Licensed Software only within the boundaries established herein that may be supplemented by the order The configuration and execution of the Licensed Software may be enabled for use and or supervised by a key license set and or other mechanism Any component of the Licensed software shall be used exclusively for the CC Weather Extension Module application LIMITATIONS ON LICENSE the LICENSED SOFTWARE was obtained by You from Siemens directly or through its licensed distributors for use a single machine then You may only install the LICENSED SOFTWARE on a single machine owned or licensed by at any one time the LICENSED SOFTWARE was obtained by You from Siemens or its distributors for networked use You may copy distribute the LICENSED SOFTWARE over an internal network for use at any one time by the number of active users for which You obtained a license key from Siemens You may make one copy of the Licensed Software excluding the documentation as an archival backup copy of the Any other copies You make of the Licensed Software are in violation of this EULA If this LICENSED includes any related documentation provided in electronic form You may print copies of this electronic You must reproduce and include the copyright notices on any permitted copies You make of such documentation You may not sublicense rent lease assign or transfer this EULA the LICENSED SOFTWARE or its components or portion thereof without express written consent from Siemens You may not or direct any third party to reverse engineer decompile decode or disassemble the LICENSED except and only to the extent that such activity is expressly permitted by applicable law notwithstanding limitation Siemens Industry Inc 2017 All rights reserved 1 You also shall not or direct any third party to i modify or create a derivative work of the LICENSED SOFTWARE or extract any individual parts except and only to the extent that such activity is expressly permitted by applicable notwithstanding this limitation This EULA does not grant You any rights whatsoever in relation the trademarks or service marks of Siemens AG or either affiliates MISUSE OF THE LICENSED SOFTWARE OR DATA GENERATED BY THE LICENSED SOFTWARE IS STRICTLY PROHIBITED LICENSOR MAY VIOLATE SWISS U S AND OTHER LAWS AND MAY SUBJECT YOU TO SUBSTANTIAL LIABILITY You solely responsible for any misuse of the Licensed Software under this EULA and for any liability or damage related in any to your use of the Licensed Software in violation of this EULA You are also responsible for using the Licensed Software in with the limitations of this EULA ADDITIONAL TERMS FOR THIRD PARTY COMPONENTS This EULA applies to updates releases revisions or supplements to the original LICENSED SOFTWARE provided by Licensor or Siemens unless or Siemens provide other terms along with the Update The LICENSED SOFTWARE may contain certain components as open source software components or third party components licensed by Siemens each a Each may have a separate end user license agreement a Party License The terms of any Third Party License any that apply to the LICENSED SOFTWARE are either a specified in the Additional Terms Addendum below b separately the LICENSED SOFTWARE and are automatically presented for acceptance prior to first use of the LICENSED by You and other users You allow access to the LICENSED SOFTWARE in accordance with the single or networked the READ ME OSS document available at for the LICENSED SOFTWARE The terms of such Third Party Licenses are herein by reference to this EULA TERMINATION This EULA is effective from the first date You install copy or otherwise use the LICENSED SOFTWARE You terminate this license at any time by deleting or destroying the LICENSED SOFTWARE all backup copies and all related provided to You by Siemens Without prejudice to any other rights of Licensor or Siemens the EULA shall automatically and immediately without notice if You fail to comply with any provision or condition of this EULA such a case You will be obliged to destroy all copies all related materials of the LICENSED SOFTWARE and all its WARRANTY DISCLAIMER Unless Siemens agrees in a separate writing to provide an exception to this warranty with respect to the LICENSED SOFTWARE Siemens shall be only liable for defects and any violation of property as set forth in this Clause as follows You obtained from Siemens or c are specified YOU ACKNOWLEDGE THE LICENSED SOFTWARE IS PROVIDED IS AND NEITHER SIEMENS NOR ANY OF THEIR IF ANY MAKE ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS COPYRIGHTS TRADEMARKS OR OTHER THERE IS NO WARRANTY BY SIEMENS OR THEIR LICENSORS OR BY ANY OTHER PARTY THAT THE FUNCTIONS IN THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE NO ORAL OR WRITTEN INFORMATION OR ADVICE BY A SIEMENS REPRESENTATIVE SHA