License

Last change: 16.06.2008

Kithara Software GmbH

END USER LICENSE AGREEMENT (Driver Collection)

PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU ARE USING THIS SOFTWARE AS A WHOLE OR IN PARTS, YOU ACCEPT ALL TERMS OF THIS AGREEMENT. YOU ACKNOWLEDGE, THAT KITHARA SOFTWARE GMBH CAN TAKE LEGAL ACTION IN ORDER TO PROTECT ITS INTERESTS AS DOCUMENTED IN THIS PAPER AS WELL AS WITH ANY OTHER WRITTEN AND SIGNED DOCUMENT. IF YOU DONT AGREE WITH THE TERMS OF THIS DOCUMENT YOU ARE NOT ALLOWED TO USE THIS SOFTWARE.

1. Definitions

"Software" covers the whole content of files, disks, CDs, downloaded files or any other data carrier delivered with this contract. This also means

(i) computer informations and software delivered by Kithara or third parties as well as

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(ii) included printed documentation.

The term "software" also covers all upgrades, modified versions, updates, completions as well as copies of the Kithara software licensed by you (further declared as updates).

2. Copyright and Intellectual Properties

The software and all copies of the software are intellectual properties of Kithara. The software is protected by copyright and the international copyright act, including international contracts and laws as well as the copyright laws of the country, where the software is used. Copies of the software are only legal with the restrictions made in section 5 ("Usage"). Reproductions and copies that you are allowed to make following the restrictions of this contract, must retain the same copyright notices as the original provided by Kithara.

You commit, not to decompile or disassemble the software, to proceed reverse engineering or to undertake any other actions to obtain the sourecode of this software.

3. Usage Limitations

This license form authorizes the Licensee, to use the Software for creating own applications or programs and for distributing them according section 5.4 (licensing of runtime files).

However, the Software must not be used to create or distribute software tools which gives access to essential parts of the Software's functionality. This means, not exclusively, that the licensee agrees not to build a Software Development Kit of his own based on or using the delivered Software, which would allow third parties to use this Software indirectly. The provided mechanisms for executing user mode code on operating systems kernel level should only be used by the licensee and may not be made accessible to third parties.

Furthermore, the Software shall only be used with written permission by Kithara to create or distribute software, which can be used as a development tool by a third party. Development tools are for example, but not exclusively, real-time environments, process controls, Soft-PLC, real-time master software (e.g. CANopen, EtherCAT, Profinet, Powerlink, or others).

4. Transfer

You are not allowed to loan or rent the software to a third party. The licensee agrees that it shall not copy this software to the computer of another user. The transfer of the user licence to a third party is prohibited.

5. Usage

5.1 Software Parts

The software contains files and documentations that are required for developing applications and device drivers (developer files). Moreover the software includes files, which are required at application runtime (redistributables).

5.2 Operating systems and computers

The software may only be used on operating systems and computers explicitly declared by Kithara Software. The release of any newer operating system version or hardware specification does not imply any demands of usability of the software with these newer operating system versions or specifications.

5.3 Licensing of the developer files

In order to use the included developer files, a valid developer licence is required for each installation. The number of installations of developer files may not exceed the number of valid developer licences. If the developer files are installed on a server, the licensee acknowledges to take care, that the usage of developer files is handled as described in this contract.

5.4 Licensing of the redistributables

As a Licensee of a "Unlimited Runtime License" you have the right to distribute your application together with the required redistributables. This means those files, which are provided in the folder "Runtime-Installation" during the generation of the required setup files. All other files provided with this software are not allowed for this form of usage. With the purchase of a »Unlimited Runtime License« you have the right of unlimited distribution of the redistributable files together with your application.

6. Time limited warranty

6.1 Period

Defect storage carriers and documentations will be replaced, if the claim is legitimate and asserted during the legal warranty period.

6.2 Warranty

Kithara Software GmbH guarantees for particular software, that this software, applied under exact circumstances, will correspond to its specification. I required, this guarantee is handled in an extra document. In this case section 6 of our of our terms and conditions of trade is applicable.

6.3 Limitations

Due to this contract, warranty issues could only be applied to defect storage carriers and documentations.

THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL KITHARA SOFTWARE GMBH OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

In every case Paragraph 7 of our terms and conditions of trade are applicable.

6.4 High Risk Activities

Die Software ist nicht fehlertolerant und nicht dazu entworfen, gefertigt oder vorgesehen, als Online-Steuerungsinstrument in gefahrvollen Umgebungen, welche einen ausfallsicheren Betrieb erfordern, wie Nuklearanlagen, Flugzeugnavigations-oder Flugzeugkommunikationssystemen, der Flugverkehrskontrolle, medizinischen Geräten oder Waffensystemen, bei denen ein Software-Ausfall den Tod oder Verletzungen von Personen, schwere Materialschäden oder Umweltschäden zur Folge haben kann ("Hochgradig riskante Aktivitäten"), eingesetzt oder vertrieben zu werden. Kithara und seine Lieferanten lehnen ausdrücklich jede Gewährleistung für die Eignung bei hochgradig riskanten Aktivitäten ab.

6.5 HAFTUNGSAUSSCHLUSS.

The Software is not fault tolerant and not designed, manufactured or intended as online-equipment in hazardous environments, which require failsafe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems, where the failure of the software could lead to death or injuries of persons, physical or environmental damages. Due to this, the software may not be used to design or build applications and device drivers, which deal with such high risk activities. Kithara and its distributors disclaim any warranty for usage of this software in high risk activities.

7. Export Regulations

All Software and technical data delivered under this Agreement are subject to german and international export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

8. Final rules

8.1 Termination of licence

The licensee is free to end the user licence at any time he wants to. He can store the original software and documentation. Kithara will end the licence, if the licensee violates against the terms of this licence agreement. In this case, the licensee agrees to fully return the software. In both cases all rights on the software expire, all copies of the software must be destroyed.

8.2 Awareness of unlicensed circulation

The licensee agrees to prevent any unlicensed circulation of the software in reasonable ways. This includes the documentation about all installations of this software as well as providing those data, if a violation of this licence agreement by the licensee or a third party is supposed.

8.3 Governing Law

Any action related to this agreement will be governed by german law. No choice of law of any jurisdiction will apply. Place of jurisdiction is Berlin-Mitte.

8.4 Salvatorian clause

If any of the terms in this licence agreement is void or will be void, all other terms of this agreement are not affected.