License Terms

§ 1 Subject matter

(1) This contract governs the provision and use of the free demo software (hereinafter referred to as “software”) by the provider Hebatronic and the user (hereinafter referred to as “customer”).

(2) The free demo software is not part of a hardware purchase, but is provided to the customer solely for testing and evaluation purposes. The commercial use, modification or distribution of the software is expressly prohibited.

§ 2 Provision of the software

(1) The provider provides the customer with the software in the form of a download. The customer receives a link to download the software for installation and use.

(2) The provider reserves the right to restrict or discontinue the availability of the software at any time without stating reasons.

(3) The provider is not obliged to provide updates and upgrades or to take measures to troubleshoot.

§ 3 Rights of use

(1) The provider grants the customer a simple, non-transferrable and non-exclusive right to use the software within the scope of this contract.

(2) The customer is not entitled to duplicate, distribute, rent, lend or otherwise make the software available to third parties. Disclosure of access data is prohibited.

(3) The customer may not modify, decompile, disassemble or otherwise reverse engineer the software, unless this is expressly permitted by applicable law or by the provider.

(4) The customer may not remove or alter any proprietary or copyright notices in the downloaded content.

(5) All rights, including all intellectual property rights and copyrights in the software, remain with the respective rights holder.

§ 4 Third-party software and open source software

(1) The customer agrees to comply with the third-party license terms. This product contains libraries created by Microchip. The license terms of Microchip can be viewed at https://www.microchip.com/en-us/about/license-agreement-end-user. By accepting our license terms, the customer simultaneously accepts these provisions. Hebatronic is not liable for the customer’s failure to comply with these terms and is not obligated to provide support or maintenance for third-party software, systems, and tools.

(2) Hebatronic’s software may contain open source components. Insofar as prescribed by the licenses for these open source components, the terms of the respective open source licenses shall take precedence over the terms of this agreement. If the terms of the open source licenses prohibit certain restrictions of this agreement with regard to the open source components, these restrictions shall not apply to the open source components in question. “Open Source Components” are parts of the software that are subject to the terms of an open source license. An ‘open source license’ is a software license that has been recognized by the Open Source Initiative as an open source license or an essentially similar license, including, but not limited to, any license that requires the distributor of the software to provide it in source code format.

§ 4 Customer’s obligations to cooperate and provide information

(1) The customer undertakes to use the software only in accordance with the provisions of this contract and the applicable laws.

(2) The customer shall take appropriate measures to protect the software from unauthorized access, loss and misuse.

(3) The customer shall immediately inform the provider of any unauthorized use of the software or access data.

(4) The customer may not use the downloaded content in a way that suggests a connection with Hebatronic products, services or brands.

(5) The customer has informed himself about the essential functional features of the software and bears the risk of whether it meets his wishes and needs. The provider is not obliged to provide the customer with technical advice beyond the provision of the demo version.

(6) The customer will exempt Hebatronic from all (damage) claims and other costs, liabilities and losses arising out of or in connection with a violation of the provisions of §§ 3.4 of this agreement.

§ 5 Warranty

(1) The software is provided to the customer in its present form (“as is”). The provider does not guarantee that the software is error-free, complete, accurate or suitable for a particular purpose. The provider expressly does not offer any guarantees.

§ 6 Liability

To the extent permitted by law, the provider is not liable for direct or indirect damages, including lost revenue and lost profits, damages resulting from business interruptions or data loss, whether in contract or on other legal grounds.

§ 7 Know-How Protection and Confidentiality

(1) The customer is obliged to keep secret all information and documents that become known to him in connection with the use of the software, which are designated as confidential or are clearly recognizable as business or trade secrets of the provider due to other circumstances, and not to record, pass on or exploit them, unless they are required for the use of the software in accordance with this contract.

(2) Paragraph 1 applies in particular, but not exclusively, to the software itself, the inventions on which it is based, technical information and other know-how that forms the basis of the software.

(3) This confidentiality obligation does not apply to information that was demonstrably known to the customer before the date of receipt, without being subject to a confidentiality obligation, or that is generally known or becomes generally known through no fault of the customer.

(4) The customer shall ensure, by means of suitable contractual agreements with the employees and agents working for him, that they also refrain from any personal use, disclosure or unauthorized recording of such business and trade secrets.

§ 8 Term and termination

(1) This contract comes into force with the download of the software by the customer and runs indefinitely until it is terminated by Hebatronic or the customer.

(2) The provider is entitled to terminate this contract without notice if the customer violates an essential provision of this contract.

(3) Upon termination of this contract, all rights of use of the software granted to the customer shall expire. The customer is obliged to delete the software from all his systems immediately and to confirm this to the provider in writing upon request.

§ 9 Data protection

(1) The provider collects, processes and uses personal data of the customer only in accordance with the legal provisions and the data protection regulations of the provider.

(2) The customer consents to the provider processing and using personal data of the customer that is collected in the course of using the software for the purposes of fulfilling and executing the contract.

§ 10 Final Clauses

(1) Amendments and supplements to this contract must be made in writing. This also applies to the amendment of this written form clause.

(2) Should any provision of this contract be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed to have been agreed that comes as close as possible to the economic purpose of the invalid or unenforceable provision.

(3) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention.

(4) The place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.