WAGO Edge Computer
License Agreement 45
752-9800
Manual
Version 1.0.0
circumstances, WAGO also shares it with others. For example, WAGO shares error
reports with relevant hardware and software vendors, so that they can use the
information to improve how their products run with WAGO products. User agrees that
WAGO may use and disclose the information as described in our Privacy Statement at
http://global.wago.com/en/wago/impressum/data-protection/index.jsp.
4.3 If User connects from his computer to the Internet, some features of the
software may connect to WAGO or service provider computer systems to send or
receive information. The User may not always receive a separate notice when they
connect. If User chooses to use any of these features, he agrees to send or
receive this information when using that feature; all of these features can be
switched off or User can choose not to use them.
4.4 If WAGO installs the software covered by this agreement as an upgrade or
conversion to your existing software, then the upgrade or conversion replaces the
original software that User is upgrading or converting from. User does not retain
any rights to the original software after he has upgraded and he may not continue
to use it or transfer it in any way.
4.5 Automatic Update (only valid if User has activated this feature). Software may
periodically check with WAGO for updates and supplements to the software. If
found, these updates and supplements might be automatically downloaded and
installed on User`s licensed computer.
4.6 Upon request the User will allow WAGO to verify the proper use of the
Software, in particular to determine whether the User uses the Software in the
context of his acquired licenses. For this purpose the User shall provide
necessary information to WAGO and provide access to relevant documents and
records, as well as allow a review of the hardware and software environment used.
WAGO or a third party, appointed by WAGO and bound by its duty of professional
secrecy, may carry out the audit during regular business hours.
5. TERMINATION
5.1. Either party may terminate this Agreement immediately upon written notice for
the material breach of the other party, which material breach is curable and has
remained uncured for a period of thirty (30) days from the date of delivery of
written notice thereof to the breaching party.
5.2. Upon termination, User shall: (i) not use the Software for any purpose
whatsoever and (ii) immediately destroy or return to WAGO all material belonging
to WAGO including the Software. Upon WAGO`s request, User shall provide WAGO a
written confirmation stating that he has destroyed the Software.
5.3. In the event that any provision of this Agreement shall be unenforceable or
invalid under any applicable law or be so held by applicable court decision, such
unenforceability or invalidity shall not render this Agreement unenforceable or
invalid as a whole, and, in such event, such provision shall be changed and
interpreted so as to best accomplish the objectives or such unenforceable or
invalid provisions within the limits of applicable law or applicable court
decisions.
5.4. This Agreement shall be governed in all respects by the laws of Germany
without regard to conflicts of law principles. The parties agree that the United
Nations Convention on Contracts for the International Sale of Goods is
specifically excluded from application to this Agreement. All disputes arising
under this Agreement shall be brought exclusively in the courts responsible for
Minden/Westfalen (Germany), as permitted by the law.
