General conditions for the use of WAGO software for automation applications (software user agreement)
§ 1 Subject matter of this agreement
1.1 The user receives the WAGO software named in the order confirmation/on the delivery note on the data carrier named there.
1.2 The user will pay the agreed-upon use fees. The software will not be sold, but rather rights of use to it granted (licensed) according to the scope outlined below.
1.3 Forwarding of this software to a third party is forbidden.
§ 2 Scope of the rights of use
2.1 The user receives a temporally-unlimited, simple, and non-transferable usage license for the WAGO software delivered, however only for proper use in connection with WAGOHardware products.
2.2 The user can make back-up copies of the WAGO software. Insofar as the rights of use are not limited to individual workstation use in the order confirmation/on the delivery note, the user may duplicate the WAGO software for the purposes of his own use (company license for multi-workstation use).
2.3 Changing, modifying, disassembling, decompiling or applying other reverse-engineering processes to the WAGO software delivered or transferring these tasks to third parties is not permitted unless it is explicitly permitted.
§ 3 Warranty
3.1 It is agreed and the user recognizes that it is not possible according to the current state of knowledge and technology to create software so that it works free of errors under all application conditions. WAGO therefore guarantees that the software provided will be free only for such errors that essentially come into question with the proper use of the software in connection with WAGO hardware products. No warranties are made beyond this.
3.2 The user must immediately investigate the WAGO software made available, determine its proper usability, and make a detailed complaint about all errors present initially or that occur later, so that WAGO can reproduce the error.
3.3 Defects reported by the user in the WAGO software transferred (including defects in the included program description and other documents) will be remedied by WAGO within a reasonable time. This will be done at WAGO's option, either through after-the-fact improvement or replacement. In case the after-the-fact improvement or replacement fails, the user can terminate the usage agreement (see 5.1).
3.4 The warranty period for the WAGO software is 1 (one) year from the transfer of the WAGO software.
§ 4 Liability
4.1 WAGO is liable without limitation for damage due to defects in title in the WAGO software delivered and the lacking of promised properties. Liability for initial inability is limited to five times the usage fees paid thus far as well as to such damage that must typically be calculated in the course of a software transfer.
4.2 Otherwise, WAGO is only liable for intent and gross negligence of also its legal representatives and executives. For other agents, WAGO is only liable to the extent of liability for initial inability according to the preceding paragraph. WAGO is only liable for ordinary negligence if a duty is breached, for which the fulfillment of the contract purpose is of particular importance (cardinal obligation). In the event of a breach of a cardinal obligation, the limitation of liability for initial inability according to paragraph 4.1 above must be applied accordingly. The strict liability of WAGO for existing errors (§ 538 paragraph 1 of the German Civil Code) is expressly excluded. Liability for data loss is limited to the typical restoration costs, which would have occurred with regular and risk-related backup copies.
4.3 The amount of WAGO's liability is limited to three times the (annual) license fee, at least EUR 1,000.
4.4 Claims for damages by the user that extend beyond those explicitly named in this agreement, regardless of their legal basis, especially due to any damage from advising or support during the introduction of the software or due to software errors are excluded insofar as there is no mandatory liability, e.g. for personal injury or damage to privately-used items according to the product liability law.
4.5 WAGO planning and WAGO construction software serve only to better visualize and they do not relieve the user of the duty to check the reliability and functionality of the respective planning results with the appropriate care and to heed adherence to the recognized rules of technology as well as the legal provisions and DIN standards. WAGO is not responsible for flawed or incomplete entries or for incorrect material or component selection for use of the WAGO software. The WAGO software it not suitable for planning with products other than those by WAGO. Price indications are not valid prices, but only calculation aids. The respectively valid prices can be obtained from WAGO on request.
§ 5 Termination of the agreement
5.1 This usage agreement can be terminated by either of the contractual parties with a term of six months to the end of a calendar year. The right of termination can also be exercised extraordinarily with immediate effect if a contract partner violates an essential provision of this usage agreement.
§ 6 Applicable law
6.1 German law applies to this usage agreement. For all disputes with registered traders that arise in the course of this usage agreement, it is agreed that the District Court of Düsseldorf is the court of jurisdiction.