By using our software, you are agreeing to be bound by the terms of this licence. If you do not agree to the terms of this licence, please do not use the software.
This licence constitutes an agreement between telos Systementwicklung GmbH (the ‘Licensor’) and you (the ‘Licensee’). This licence allows the Licensee to use a copy of the software and its accompanying hardware and documentation.
2. Permitted Uses and Restrictions
The Licensee may install and use the software on an arbitrary number of computer systems. The software may be restricted to only work if certain hardware is connected to the computer. In such case the licensee may – under no circumstances – take any action to circumvent this limitation.
Except as expressly permitted in this licence, the Licensee may not decompile, reverse engineer, disassemble, or create derivative works based upon the Software in whole or part or allow users of the software to do so. The Licensee may modify the software only for the purposes of configuring it for use in evaluation. The Licensee shall not alter or change any copyright notices or logos contained in the software or its documents.
The licenseee shall not use the software in applications which can be characterized to fall in at least one of the following categories:
• Military applications
• Life support systems
• High risk applications like nuclear power facilities or applications which can cause severe injuries or environmental damage.
If you should fail to comply with these restrictions, you agree to indemnify, hold harmless, and defend telos and its suppliers from and against any claims or lawsuits, including attorneys’ fees that arise or result from the use or distribution of your product or service.
3. Limited Warranty
telos warrants that the software product will perform substantially with the accompanying written materials for a period of six months from the date of receipt and that any hardware accompanying the software product will be free from defects in materials and workmanship under normal use and service for a period of six months from the date of receipt. As far as updates are made available free of charge to the licensee, support is only provided for the latest available version.
Any implied warranties on the software product are limited to six months. Any implied warranties on hardware are limited to six months. Some juristictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
4. Customer Remedies
The entire liability of telos and its suppliers and your exclusive remedy shall be, at the option of telos, either return of the price paid or repair or replacement of the software product or hardware that does not meet the limited warranty and which is returned to telos with a copy of your receipt. This limited warranty is void, if failure of the software product or hardware has resulted from accident, abuse, or misapplication. Any replacement of the software product or hardware will be warranted for the remainder of the original warranty period or thirty days whichever is longer.
5. No Other Warranties
telos and its suppliers disclaim all other warranties, either expressed or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the software product, the accompanying written materials, and any accompanying hardware.
This limited warranty gives you specific legal rights. You may have others depending on applicable juristiction.
6. No Liability for Consequential Damages
In no event shall telos or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use this product, even if telos has been advised of the possibility of such damages. Since some juristictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. Complete Agreement
This licence constitutes the entire agreement between the parties with respect to the use of the telos hard- and software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this licence will be binding unless in writing and signed by the Licensor.
Place of juristiction is Hamburg, Germany.