Bedienungsanleitung Midas DL151 (Seite 4 von 20) (Englisch)

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4 DL150 Series Fixed-Format I/O Unit

Licences

The following are the license agreements applicable to the

MIDAS Digital Equipment.

End-User Licence Agreement for MIDAS™ and KLARK

TEKNIK™ Software.

IMPORTANT - Please read this document carefully

before using this MIDAS™ or KLARK TEKNIK™ product.

This is an agreement governing your use of software

or other machine instructions already installed on this

MIDAS™ or KLARK TEKNIK™ product, as well as other

software that we provide for installation on this Product.

The MIDAS™ or KLARK TEKNIK™ product will not operate

in accordance with its documentation without this

software.

THIS AGREEMENT (“AGREEMENT” OR “LICENCE”) STATES THE

TERMS AND CONDITIONS UPON WHICH MIDAS KLARK TEKNIK

LIMITED (“COMPANY”) OFFERS TO LICENSE THE INSTALLED

FIRMWARE, SOFTWARE AND/OR PROGRAMS (“the SOFT-

WARE”) WITH THE MIDAS™ OR KLARK TEKNIK™ CONSOLE OR

SIGNAL PROCESSING PRODUCT (“PRODUCT”) IN WHICH IT

HAS BEEN INSTALLED BY, OR FOR WHICH IT IS PROVIDED BY,

THE COMPANY. BY USING THIS PRODUCT YOU WILL BE AGREE-

ING TO BECOME BOUND BY THE TERMS OF THIS LICENCE. IF

YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT

USE THIS PRODUCT AND PROMPTLY RETURN THE PRODUCT

TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.

You agree to notify any persons whom you permit to operate

this Product of the terms of this Licence, and to require them

to comply with these terms.

The Software is licensed, not sold, to you for use only under

the terms of this Licence, and the Company reserves all rights

not expressly granted to you. The Company retains ownership

of all copies of the Software itself, and all proprietary parts of

it, including those stored on or in the Product.

1. Licence: Subject to the terms and conditions of this

agreement, the Company grants you, and other persons you

permit to operate the Product, a personal, limited, non-exclu-

sive, non-transferable licence to use the Software only on the

single Product unit in which it has been installed.

2. Restrictions: (a) The Software, and the accompa-

nying written materials, are copyrighted and contain trade

secrets and other proprietary matter, including condential

information relating to the specications and performance

characteristics of this Product. Save for such elements as may

be licensed to the Company, as described in paragraph 5,

all rights to copyrights, trade marks and trade secrets in the

Software, or any modications to it, are owned by the Compa-

ny. Unauthorised use or copying of the Company’s proprietary

Software, or any portion thereof, or copying of those writ-

ten materials, is prohibited. (b) You may not create, market,

distribute, or transfer copies of the Company’s proprietary

Software, or any part of it, to others, or duplicate, rent, lease

or loan that Software, or any part of it, except that you may

transfer that Software installed in this Product in conjunction

with the sale, transfer, loan, rent or lease of this Product, and

subject at all times to this Licence. YOU MAY NOT REVERSE

ENGINEER, DECOMPILE, DISASSEMBLE, EXTRACT OR SEPARATE

OUT, MODIFY, ADAPT, PORT, OR TRANSLATE THE SOFTWARE,

DERIVE THE SOURCE CODE OF THE SOFTWARE OR CREATE

DERIVATIVE WORKS BASED ON THE SOFTWARE OR ANY

ACCOMPANYING WRITTEN MATERIALS, save as is allowed by

licences pertaining to component parts of the Software which

are licensed by third parties, as described under paragraph 5,

or otherwise by law. (c) In the event you violate any term of

this Licence, all rights granted herein will automatically and

immediately terminate and you must stop using the Software

and destroy any copies of the Software.

3. Limited Warranty: Subject to your installation of any

Software updates issued by the Company as described herein,

and the condition below, the Company warrants that the

Software will operate in compliance with the Software’s mate-

rial specications and documentation for a period of 90 days

from your purchase of this Product. The Software is provided

“as is” and the Company does not warrant that the operation

of the Software will meet your requirements or operate free

from error. To the greatest extent permissible by law, the

Company DISCLAIMS ALL WARRANTIES AND CONDITIONS,

EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR CAPABILITY

OF CORRECTLY PROCESSING PROVIDING AND/OR RECEIVING

DATE INFORMATION. You understand that the Company may

update or revise the Software but in so doing incurs no obli-

gation to furnish such updates to you. However, the Company

may in its discretion make updates available from time to

time upon such terms and conditions as it shall determine. It

is a condition of the above warranty that you install any such

Software updates, as may be issued from time to time by the

Company for the Software, in accordance with the Company’s

instructions, and if you do not do so such warranty will cease

to apply. You may view current Software updates at http://

www.klarkteknik.com and http://www.midasconsoles.com

4. Limited Liability: THE ENTIRE RISK ARISING OUT OF

YOUR USE OR PERFORMANCE OF THE SOFTWARE REMAINS

WITH YOU. THE LIABILITY OF THE COMPANY FOR ANY CLAIMS

ARISING OUT OF THIS LICENCE AND/OR BASED UPON THE

SOFTWARE, REGARDLESS OF THE FORM OF ACTION, AND

INCLUDING WORK STOPPAGE, PRODUCT FAILURE OF MAL-

FUNCTION OR ANY OTHER COMMERCIAL LOSS OR DAMAGE,

SHALL NOT EXCEED THE COST OF THE LICENCE FEE FOR THE

SOFTWARE OR THE COST OF THIS PRODUCT. SUBJECT TO THE

PROVISIONS OF APPLICABLE LAW, IN NO EVENT SHALL THE

COMPANY BE LIABLE FOR ANY LOSS OF DATA, LOST OPPOR-

Midas DL151 Seite 4

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