44 License Agreement
WAGO Edge Computer
752-9800
Manual
Version 1.0.0
1.6 Title, ownership rights and intellectual property rights in and to the
Software shall remain in WAGO and its suppliers and are protected by international
copyright laws and international copyright treaties. The Software is licensed, not
sold. There is no transfer to End User of any title to or ownership of the
Software and the license granted under this Agreement should not be construed as a
sale of any right in the Software. All rights not specifically granted under this
License Agreement are reserved by WAGO.
2. Warranty and Liability
2.1 Claims for damages and reimbursement of expenses of the User (hereinafter
referred to as claims for damages), regardless of whatever legal grounds, in
particular owing to a breach of duties arising from the contractual obligations, a
tortious act and owing to indirect damages shall be excluded. This shall not
apply, provided liability is mandatory, e.g. according to the Product Liability
Act, in the case of wilful intent, gross negligence, owing to injury to life, limb
or health of if material contractual obligations are breached. The claim for
damages if material contractual obligations are breached shall, however, be
limited to typical foreseeable damage provided that no wilful intent or gross
negligence exists or liability is assumed for injury to life, limb or health.
2.2 Liability for data loss is limited to the typical restoration costs, which
would have occurred with regular and risk-related backup copies.
2.3 These License Terms do not relieve the User of the duty to check the
reliability and functionality of the respective intended purpose with the
appropriate care and to obey the recognized rules of technology as well as legal
provisions and DIN standards. WAGO is not responsible for incorrect or incomplete
entries or for incorrect material or component selection for use of the WAGO
software. WAGO software it not suitable for the use 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 upon request.
2.4 The warranty period for the WAGO Software is 1 (one) year, beginning with the
date of delivery the WAGO software.
3. USER INDEMNITY
User will defend at its expense and indemnify WAGO from and against any losses,
costs or damages resulting from or in connection with any claims by third parties
resulting from or in connection with the use or distribution of the Target
Application by User and User's direct and indirect End Users in any country,
provided that WAGO gives User prompt written notice of any such claim, tenders to
User the defense or settlement of any such claim at User's expense, and cooperates
with User, at User's expense, in defending or settling such claim. This
indemnification obligation shall not apply to infringement actions or claims if
such actions or claims are based solely on the use of the Target Application in
the form provided by WAGO.
4. Use of the Software
4.1 During activation, the software will send information about the software and
User`s computer to WAGO. This information includes the version, license version,
language, and product key of the software, the Internet protocol address of the
computer, and information derived from the hardware configuration of the computer.
For more information about activation, see
http://global.wago.com/en/wago/impressum/data-protection/index.jsp. If the
licensed computer is connected to the Internet, the software will automatically
connect to WAGO for activation.
4.2 WAGO uses the information it collects through the software features to upgrade
or fix the software and otherwise improve our products and services. In certain
