END-USER LICENSE AGREEMENT FOR INHECO SOFTWARE
Last updated: 29 Dec 2021
THIS END-USER LICENCE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU
("YOU") AND INDUSTRIAL HEATING & COOLING GMBH, FRAUNHOFERSTRASSE 11, 82152
MARTINSRIED, GERMANY ("INHECO") FOR THE INHECO SOFTWARE THAT ACCOMPANIES
THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE AND ANY UPDATES OF THE SOFTWARE
("SOFTWARE").
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING,
OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS
SET OUT IN THIS EULA, NO LICENSE IS GRANTED TO YOU BY THIS EULA AND YOU
MAY NOT USE, INSTALL OR DOWNLOAD THE SOFTWARE.
1. Intended Purpose of the Software
INHECO develops products for lab automation, in particular for thermal cycling,
heating, cooling, shaking, incubation and verification ("Products"). The
Software is intended to be used for the operation and/or integration of
INHECO's Products within embedded systems and/or the use of control units
for such Products.
2. Grant of License
2.1 In consideration of your compliance with these terms and conditions,
INHECO grants to You the non-exclusive perpetual and worldwide license
to copy the Software in object code form for the purpose of installing and/or
running the Software as part of INHECO's Products and to distribute the
Software as part of INHECO'S Products.
2.2 Additionally in the case that the Software is a program library, You
are permitted to link the Software in object code form with Your application
for the intended purpose of designing, developing and testing Your application
and to create a combined work consisting of Your application and the Software,
and to distribute the combined work to third parties.
3. Third Party Open Source Software
3.1 The Software may contains Open Source Software. In this case, You may
receive a non-exclusive license to use the Open Source Software from the
respective rights holders under the conditions provided for in the applicable
Open Source licenses. This EULA only applies to the components that are
not licensed as Open Source Software. Please find the applicable Open Source
licenses in a document accompanying the Software.
3.2 To the extent that this EULA contains any provision(s), which are contradictory
to the terms of those the third party Open Source Software, the terms of
those third party Open Source licenses shall prevail with regard to the
Open Source Software and the terms of this EULA shall not apply to them.
4. Limitations
4.1 You are not permitted to distribute the Software alone or bundled with
hardware products, which are from other manufacturers than INHECO.
4.2 Except as expressly set out in this EULA or as permitted by any local
law, you are not permitted:
4.2.1 to translate, merge, adapt, or modify the Software, except to the
extent permitted by Art. 5 of the Directive 2009/24/EC or other applicable
copyright law.
4.2.2 to disassemble, decompile or reverse engineer the Software to the
extent permitted by Art. 6 of the Directive 2009/24/EC or other applicable
copyright law.
5. Consideration
The software is licensed free of charge.
6. Updates
In order to fix bugs and for a reliable use of the software, INHECO publishes
updates for the software. You will receive access to Updates to the Software
in accordance with Your contractual agreements with INHECO or by download
from INHECO's website. It is your responsibility to check INHECO's website
regularly for updates and to use such updates of the Software.
7. Warranty
7.1 INHECO declares that it has no knowledge of any lack of title regarding
the Software, including, but not limited to, of any third party copyright.
7.2 The Software is licensed to You "AS IS". INHECO, disclaims all warranties,
either express or implied, including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose, title and non-infringement
with regard to the licensed software to the extent there is no knowledge
of any lack of title or defect.
8. Liability
Claims for damages and claims for compensation of useless expenses both
against INHECO, as well as against its agents, shall be excluded irrespective
of their legal basis, unless the damage was caused wilfully or grossly negligent.
This restriction does not apply to personal injury, in case of liability
according to the German Product Liability Act and to claims for damages
arising out of quality guarantees.
9. General
9.1 If any provision of this EULA is held by a competent authority to be
invalid, void or unenforceable under the laws of any jurisdiction, this
does not affect the validity of the remaining provisions. The invalid provision
shall be replaced by a replacement provision which comes as close as possible
to the purpose of the ineffective provision; the same applies in case of
a loophole.
9.2 This EULA shall be governed and construed in accordance with the laws
of Germany excluding its conflict of law provisions and the United Nations
Convention on Contracts for the International Sale of Goods (CISG).
9.3 Any dispute arising from or related to this EULA shall be subject to
the jurisdiction of the courts of Munich, Germany. Where You use the Software
outside of Germany, the local law may impose greater restrictions on You
that You must comply with.