Conditions in Respect of the Transfer of Use of PROFIBUS GSD Editor

between

Profibus Nutzerorganisation e.V. Karlsruhe hereinafter referred to as "PNO"
and
User hereinafter referred to as the "User"

Preamble

PNO is prepared to grant to the User, under the conditions of this agreement, rights of use in respect of the software program PROFIBUS GSD Editor (hereinafter referred to as the "Software").

1. Rights of use

1.1 PNO hereby grants to the User the non-exclusive, non-transferable right, free of charge and for an unlimited period of time, to use the Software in accordance with the conditions of this license agreement.

1.2 The Software is protected by copyright laws and by international agreements against unauthorized copying. The User is not allowed to change or remove the copyright notices and registration numbers contained in the Software. The User is allowed to make copies of the Software and can transfer the Software to another data storage medium solely for the purpose of data backup or archiving. The Software is provided solely for internal use by the User. The User is not allowed to carry out reverse compiling or to make changes or extensions to the Software.

1.3 Without prejudice to the rights of use granted to the User by PNO, PNO shall retain all rights to the software including the documentation belonging thereto and all further papers.

1.4 The parties agree that granting of licenses does not involve any technical
support from PNO for the User.

2. Publications

Explicit approval from PNO is required in advance if the User plans to make any publications in connection with this software or to publish the results of tests made with this Software.

3. Limitations

The User is not allowed to hire out or lend the Software to other parties. This license agreement only grants the User the rights to use the Software.

4. Warranty

The software is handed over free of charge. PNO shall not provide any warranty in respect thereof. The use of the software shall be at the sole risk of the User.

5. Liability

Claims for damages against PNO arising from or in connection with this agreement shall be excluded, irrespective of legal grounds, in particular claims on the grounds of production stoppage, loss of profit, loss of information and data or consequential damages, insofar as liability is not cogent for example according to product liability legislation or in cases of intent, gross negligence, absence of warranted characteristics or because of violation of fundamental contractual obligations. Compensation for damages on grounds of violation of fundamental contractual obligations shall however be limited to foreseeable damages typical of this type of contract, insofar as no intent or gross negligence applies.

6. Applicable law/place of jurisdiction

German law shall apply to the exclusion of the UN law on international sale of goods. The sole place of jurisdiction for all disputes arising from or on the basis of this agreement shall be Karlsruhe.

If any of the conditions in the license agreement should become invalid for any reason, this does not affect the validity of the remaining conditions.