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OCTO Modulator
18
Software License Agreement
This documentation and the relevant programs
(both herein referred to as “Software”) are
protected by copyright.
We gladly accept any information about incorrect
or outdated content via ip-division@televes.com
Software is delivered in machine-readable format
only (object code format). Under all Televes
intellectual property rights, Televes hereby
grants licensee the non-exclusive right to use the
Software. Unless agreed for a limited time period,
the right to use the Software is for an unlimited
time period. Licensee shall be entitled to make
a copy exclusively reserved for personal backup
purposes (backup copy). Unless granted by
mandatory law (including but not limited to Art. 69
German Copyright Act for decompiling), licensee
shall not be entitled to modify, disassemble,
reverse engineer, decompile or otherwise alter
the Software in whole or in part. Televes reserves
all intellectual property rights except as expressly
granted herein. Licensee shall not be entitled
to modify or delete alpha-numerical or other
identification codes on data median and shall
transfer such identification codes onto any legal
backup copy. Without the prior written approval of
Televes, licensee shall not be entitled to transmit
any information made available herein.
If licensee has received the Software not for
commercial purposes of resale (end user), licensee
shall be obliged to transmit the right to use the
Software to a third party only in connection with
the product licensee acquired together with the
Software. In the event that licensee transfers the
right to use the Software to a third party, licensee
shall ensure not to grant further rights to this
third party than originally granted to him, and
licensee shall ensure to impose this third party the
obligations of the present license terms. In such
case, licensee shall not withhold any backup copy.
Licensee shall not be entitled to grant sublicenses.
In the event licensee transmits the Software to a
third party, licensee shall be responsible for and
shall release Televes insofar from the compliance
of export control laws and obligations.
This Software has been produced with all due
care and checked for correctness in accordance
with state of the art. Where the applicable law
allows, Televes hereby disclaims all liability and
warranties, whether express or implied, relating to
this Software’s quality, performance or suitability
for any specific purpose which deviates from
the performance specifications contained in the
Software description. Televes shall not be liable for
damages arising directly or indirectly from the use
of the manual or related software, nor for incidental
or consequential damages, except in case of intent
or gross negligence. Televes explicitly disclaims
any and all liability for losses of or damage to
hardware, software or data in connection with
direct or indirect errors or destruction, for cases
of damage (including fraud cases) incurred due
to deficient or incorrect configurations (including
configurations that use insufficient or no password
protection) over connections (including but not
limited to broadband connections such as DSL,
cable/DOSCSIS and fiber optic, also including
VoIP or SIP connections), and for any and all costs,
including connection charges, related to the
Software supplied or due to incorrect installations
not performed by Televes.
Televes shall not be obliged to offer any software
services. The information in this Software is subject
to change without notice for the purpose of
technical improvement.
This software may include third party software
under different terms and conditions of this
license. In such case, software of third parties is
provided “as is” in the existing condition. Every
guarantee, whether express or implicit, especially
a concludent warranty of market maturity or
applicability for a certain purpose, is precluded.
In no case is an originator or his or her staff liable for
any direct, indirect, coincidental, special, exemplary
damages or consequential damages (this applies
especially the procurement of substitute goods or
services; the loss of applicability, of data or profit;
or operational failures), no matter how these
damages were caused or upon what theory of
liability they are based, be it contractual liability,
liability regardless of negligence or fault, or tort
liability (including negligence or miscellaneous) is
shown. This also excludes damages that result in
any manner from the use of the software, even if
the possibility of such damages was indicated.