BETA SOFTWARE
THE SOFTWARE IS PRELIMINARY AND STILL IN TESTING AND VERIFICATION PHASE AND IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND IS BELIEVED TO CONTAIN DEFECTS.
THE PRIMARY PURPOSE OF THIS EARLY ACCESS IS TO OBTAIN FEEDBACK ON PERFORMANCE AND
THE IDENTIFICATION OF DEFECTS IN THE SOFTWARE, HARDWARE AND DOCUMENTATION.
TERMS AND CONDITIONS FOR USING FREE VIMBA X SOFTWARE
Provided by Allied Vision Technologies GmbH
Art. 1 Scope of Application
1. These Terms and Conditions contain the terms and conditions for the provision
and use (hereinafter referred to as "Terms and Conditions")
of "Vimba X" software (hereinafter referred to as "Software") that is provided
free of charge.
2. Our offer regarding the provision of the Software is not directed to consumers;
we do not grant any usage rights to consumers. A consumer
is an individual that enters into a legal transaction for purposes that cannot
be attributed to its commercial or self-employed activities.
3. The Terms and Conditions below only apply to business organizations, legal
entities under public law, or separate funds under public law.
By downloading the Software you confirm that you are one of the entities
described in sentence 1 or represent one of these. A business person
is an individual, a legal entity or partnership having legal capacity that
enters into a legal transaction in order to carry out its
commercial or self-employed activities.
4. When you wish to obtain a free Software version, you will enter into an
agreement with Allied Vision Technologies GmbH, Taschenweg 2a,
07646 Stadtroda, Germany, email: info@alliedvision.com.
Art. 2 Software Description, Intended Use
1. "Vimba X" Software is a cross-platform software development kit (SDK) for
Allied Vision cameras. The Software shall be used to control the cameras
offered by Allied Vision ("intended use"). For a detailed description of
the current Software, please go to
https://www.alliedvision.com/en/products/vimba-sdk/. A detailed description
of the Software version that you have installed is available
in the Vimba X installation folder.
2. The description also contains the system requirements for the installation
of the Software and compatibility data (operating conditions).
For further application notes please visit our support section on
https://www.alliedvision.com/en/support/technical-papers-knowledge-base.html.
3. We offer you a free Software version for the intended use as defined in Art. 4
of these Terms and Conditions.
Art. 3 Provision of Software
1. You will receive the Software in executable form (object code), consisting of a
computer program and an electronic user documentation that
is integrated into the program. The user documentation basically consists of
electronic help files. In addition, we will provide you with a
source code interface in the programming language C#, which also forms part of
the Software.
2. The free Software version can be downloaded from our website
https://www.alliedvision.com.
3. We are not obligated to provide any other services, such as training,
instruction or consulting.
Art. 4 Rights to Use
1. We reserve the copyright and any other industrial property rights in and
to the Software. To the extent that the Software contains software
portions created by third parties, we possess the prerequisite rights and
title to grant you the rights described in these Terms and Conditions.
To the extent that certain portions of the Software are open source
products, we will comply with the terms and conditions stipulated in the
corresponding open source license agreement (e.g., by providing you with
the corresponding open source license agreements and, if applicable,
with the source code of the open source software together with the Software).
2. We reserve any rights in and to the Software to the extent that they were
not expressly granted to you under these Terms and Conditions.
3. We grant you a non-exclusive, indefinite and world-wide right to use the
Software as intended under this Agreement.
a. We grant you the right to upload, display and run the Software on your
hardware environment, to transfer it to other hardware and to store it.
b. We grant you the right to integrate the Software into our cameras or
other devices/machines via the published interfaces, or to offer such
integration services to your customers to allow you or your customers
to use our cameras together with the connected devices/machines to the
extent supported by the functionality of our Software.
c. We grant you the right to dispose of the Software together with the
cameras or, as set forth in subsection b), with the connected devices/
machines or to sell the Software in this form to your customers after
you have rendered integration services; you are authorized to grant
your customers non-exclusive, world-wide and indefinite rights to use
the Software, however only in connection with the use of our cameras,
in accordance with Art. 4 par. 3 subsections a), and c) through
e) in conjunction with Art. 4 par. 4.
d. You may use the Software for the purposes indicated in subsections a)
through c), and reproduce the Software for these purposes and for the
purpose of making a backup copy and in order to back up data as
customary. In addition, you have the right to reproduce and modify the
Software in order to ensure the intended use of the Software, including
error correction.
e. The person authorized to use the Software may monitor, examine or test
the operation of this program without our prior consent in order to
determine the concepts and principles underlying a certain program
component, provided, however, that this occurs by means of permissible
activities for the upload, display, running, transfer or storage of
the program.
4. Unless you have obtained our prior written consent, you are not authorized to:
a. reproduce, to distribute, communicate to the public or make the Software
available to the public beyond the permitted scope as set forth in Art.
4 par. 3 of this Agreement,
b. to rent or loan the Software, to use it on behalf of or together with a
third party or to facilitate any other third-party use, unless you are
authorized to do so in accordance with Art. 4, par 3, subsection c),
c. to modify, rearrange, translate or decompile the Software, unless this
act is permissible under Art. 4 par. 3. The statutory provisions on
decompiling set forth in section 69e of the German Copyright Act
(UrhG) remain unaffected.
d. to change, modify, alter or remove the copyright notices, other
proprietary legends or notices, serial numbers, and any other features
contained in the Software and serving the purpose of identification,
e. to use the Software with a camera or to integrate it into a camera
that is not offered by us or that you create yourself or have created,
f. to use the Software or portions thereof in order to create your own
control software or to integrate the Software or portions thereof into
your own control software.
Any use beyond the permissible use set forth in these Terms and Conditions
constitutes a breach of this Agreement that entitles us to injunctive
relief and damages.
Art. 5 Defects as to Quality and Defects of Title, Liability
1. With regard to Software versions provided free of charge and in the event of
defects as to quality and defects in title we will be liable for
damages or reimbursement of wasted expenditures only to the extent set
forth below. You are not entitled to subsequent improvement. However,
in the event that you notify us of a defect in the Software, we have
the right to correct the defect, although we are not obligated to do so.
We have the right to restrict our support and assistance to the then
current Software version.
2. With regard to free Software, we are liable for damages or reimbursement
of wasted expenditures only in the event of intentional wrongdoing or
gross negligence and in the event that we have maliciously concealed a
defect in title or as to quality. The statutory liability based on death,
physical injury or damage to health or the loss of freedom and claims
under the Product Liability Act remains unaffected by the limitations set
forth in sentence 1. If a damage incident is attributable to fault both
on our and your part, you will be liable for comparative fault.
3. All claims to damages or reimbursement of wasted expenditures that are
asserted against us under contractual or extra-contractual liability
shall come under the statute of limitations within two (2) years. The
statute of limitations period commences at the end of the year in which the
claim arose and the obligee becomes aware of the circumstances resulting
in the claim and of the identity of the obligor or could have become
aware thereof, had there not been gross negligence. The claims will come
under the statute of limitations no later than five (5) years after the
date on which the claim arises. In the event of claims based on intentional
wrongdoing, gross negligence, malice, personal injuries and under the
Product Liability Act, the provisions of the statute of limitations
shall apply.
Art. 6 Place of Performance, Place of Jurisdiction, Choice of Law
1. Place of performance is our registered office.
2. Place of jurisdiction for all disputes arising out of or in connection
with this Agreement is the registered office of our company, if the customer
is a business person pursuant to the German Commercial Code or is treated
as such.
3. This Agreement shall be exclusively governed by the law of the Federal
Republic of Germany, with the exception of the UN Convention on the
International Sale of Goods (CISG) and the conflict of law rules of
the German law.
Last revised: September 2022
Allied Vision Technologies GmbH
Taschenweg 2a
07646 Stadtroda
Germany