3.2 Runtime Software (hereinafter referred to as "R-SW") If the Licensee incorporates R-SW or any parts thereof into its own
programs or data, it shall purchase a license with respect to the R-SW each time it installs or copies - depending on what is
done first - its own programs or data containing RSW or parts thereof, in accordance with the relevant intended Type of Use
and on the basis of the Siemens catalog valid at that time. In the event that the Licensee supplies the specified programs or
data to third parties for their use, these parties shall be bound in writing to adhere to stipulations corresponding to those in
Section 5, with respect to the R-SW parts contained therein. The aforesaid shall not affect the Licensee's obligation to
purchase a license for the R-SW if the RSW original is copied. If the R-SW contains tools for parameterization/configuration
and extended rights have been granted in this regard, this will be detailed in the readme file of the R-SW.
4 Upgrade and PowerPack
If it is apparent from the Order Data or CoL, e.g. by the addition "Upgrade" or "PowerPack" after the SW product name, that
the SW is an upgrade for another software item (hereinafter referred to as "Source License"), the rights originally granted to
the Licensee to use the Source License end in conjunction with the upgrade measure. The rights of use in accordance with
Clause 1.6 remain unaffected by this. However, the Licensee is entitled to undo the upgrading (downgrading) - if this is
intended from a technical point of view - and to exercise the rights to use the SW granted to it with respect to the Source
Version in accordance with Clause 1.5.
5 Further Rights and Duties of the Licensee
5.1 Unless a stipulation to the contrary relating to a specific number of copies is contained on the data medium or in the
readme file of the SW, the Licensee may generate an appropriate number of copies of every item of SW which it is
authorized to use in accordance with these General License Conditions, where such copies shall be used exclusively for
data backup purposes. Furthermore the Licensee may only copy the SW if and insofar as it has been granted copying rights
by us in writing.
5.2 The Licensee shall not be entitled to modify, decompile or reverse engineer the SW. Nor may it extract any individual
parts unless this is permitted by mandatory copyright law. Furthermore, the Licensee shall not be entitled to remove any
alphanumeric identifiers, trademarks or copyright notices from the SW or the data medium and, insofar as it is entitled to
make copies of the SW, shall copy them without alteration. The aforementioned regulation shall apply accordingly to the
Documentation supplied in accordance with Section 1.
5.3 The Licensee shall be entitled to completely transfer the right to use the SW granted to it to a third party, provided that it
concludes a written agreement with the third party in conformance with all of the conditions contained in this Section 5 and
on the proviso that it does not retain any copies of the SW. If the Licensee has received a License Key for the SW, this key
shall be supplied to the third party together with the SW. Furthermore, the third party shall be submitted the CoL together
with these General License Conditions. The Licensee shall submit the CoL received for the SW to us at any time, if
requested.
5.4 If the SW is a PowerPack or an Upgrade, the Licensee shall keep the CoL of the Source License and submit it to us at
any time, if requested, together with the CoL for the SW. In the event that the Licensee transfers its right to use the
PowerPack SW or Upgrade SW in accordance with Clause 5.3, it shall also submit the CoL of the Source License to the
third party.
5.5 If the Licensee receives a data medium which, in addition to the SW, contains further software products which are
released for use, then it shall have the right to use these released software products exclusively for validation purposes, for
a limited period of time and free of charge. The period of use shall be limited to 14 days, commencing with the first start-up
of the relevant software program unless a different period is specified e.g. in the readme file of the relevant software product.
These software products supplied exclusively for validation purposes shall be governed, mutatis mutandis, by the
stipulations contained in these General License Conditions. The Licensee shall not be authorized to pass on these software
products separately, i.e. without the SW, to a third party.
The conditions of the purchase contract apply if not otherwise stipulated hereafter for the Open Source Software.
2) License Conditions and Disclaimers for Open Source Software and other Licensed Software
In the product "SINAMICS V20", Copyright Siemens AG, 2015 (hereinafter "Product"), the following Open Source Software
is used either unchanged or in a form that we have modified, and additionally the other License Software noted below:
Liability for Open Source Software
Open Source Software is provided free of charge. We are liable for the Product including Open Source Software contained
in accordance with the license conditions applicable to the Product. Any liability for use of Open Source Software beyond the
program flow intended for the Product is explicitly excluded. Furthermore, any liability for defects resulting from modifications
to the Open Source Software by you or third parties is excluded.
We do not provide any technical support for the Product if it has been modified.
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