Irinos SC Users Manual > Introduction > Legal notices > Terms of Use for Software / Electronic Documentation

Intellectual property rights and scope of use

Messtechnik Sachs makes operating instructions, manuals, documentation and software programs – all of which are hereinafter collectively referred to as the “LICENSED MATERIAL” – available either on portable data storage media (e.g. CD-ROMs, DVDs, etc.), in written (printed) form or in electronic form, either for a fee or free of charge. The LICENSED MATERIAL is subject, amongst other things, to copyright protection provisions. Messtechnik Sachs or third parties hold property rights in this LICENSED MATERIAL. Insofar as third parties hold rights, in whole or in part, to this LICENSED MATERIAL, Messtechnik Sachs holds the corresponding rights of use. Messtechnik Sachs grants the user permission to use the LICENSED MATERIAL subject to the following conditions:

1.1) Scope of use: electronic documentation

a) Upon receipt, acquisition or transfer of a LICENSED MATERIAL, you, as the user, are granted a simple, non-transferable right of use in respect of the relevant LICENSED MATERIAL, which entitles you to use it for your own, exclusively internal business purposes on any number of machines within your business premises (place of use). This right of use comprises solely the right to store the LICENSED MATERIAL on the processing units (machines) in operation at the place of use.

b) The user may also print out user manuals and/or documentation, regardless of the form in which they are provided, in any number of copies at the place of use, provided that such printouts are printed or retained in full in accordance with these Terms of Use and any other user instructions.

c) With the exception of the Messtechnik Sachs logo, the user is authorised to use images and text from the operating instructions/documentation to produce their own machine and plant documentation. The use of the Messtechnik Sachs logo requires the written consent of Messtechnik Sachs. The user is solely responsible for ensuring that the images and text used correspond to the machine/plant or the product.

d) Further uses are permitted within the following limitations:

The reproduction, solely for use within the context of machinery and plant documentation, of electronic documents relating to all documented supplier components. The demonstration to third parties shall be carried out only on condition that no data, in whole or in part, remains on other networks or other data storage media, or can be reproduced there.

The distribution of printouts to third parties outside the scope of clause 3, as well as any editing or other use thereof, is not permitted.

1.2) Scope of use: software products

The customer is granted a non-exclusive, non-transferable and perpetual right to use any software from Messtechnik Sachs and the associated documentation on a specific hardware product, or one to be specified on a case-by-case basis. Messtechnik Sachs retains ownership of the copyright and all other industrial property rights. The right to make copies is granted solely for the purpose of data backup. Copyright notices must not be removed.

2. Copyright Vermerk

In the case of any reproduction permitted under these terms, the relevant copyright notice from the original must be included:

D-73614 Schorndorf

3. Transfer of the right of use

The user may transfer their right of use under these provisions in respect of the relevant LICENSED MATERIAL, to the extent and subject to the restrictions set out in clauses 1 and 2, in their entirety to a third party. The third party must be expressly made aware of these terms of use.

II. Export of Licensed Material

When exporting the LICENSED MATERIAL or parts thereof, the user must comply with the export regulations of the exporting country and the country of acquisition.

III. Warranty

1. Messtechnik Sachs’ products are subject to ongoing hardware and software development. If the LICENSED MATERIAL, in whatever form, is not supplied directly with a product – i.e. if it is not delivered on a portable data storage medium accompanying the product as part of the delivery unit – Messtechnik Sachs does not guarantee that the electronic documentation will correspond to every hardware and software version of the product.

2. The information contained in the electronic documentation is subject to change by Messtechnik Sachs without prior notice and does not constitute any obligation on the part of Messtechnik Sachs.

3. Messtechnik Sachs guarantees that the software program it has developed complies with the application description and program specification; however, it does not guarantee that the functions contained in the software will run entirely without interruption or error, or that the functions contained in the software will be executable in all combinations chosen by the purchaser and under all intended conditions of use, or that they will meet the requirements.

IV. Liability/Limitations of Liability

1. Messtechnik Sachs provides LICENSED MATERIALS in order, on the one hand, to enable the user to utilise Messtechnik Sachs products – which are required for the proper operation of software – in accordance with the contract, or to assist the user in compiling documentation for their machinery and plant. However, with regard to electronic documentation which is not directly supplied with a product in the form of portable data carriers – i.e. which was not delivered as part of the product’s standard delivery – Messtechnik Sachs does not guarantee that the separately provided or supplied electronic documentation corresponds to the product actually used by the user.

The latter applies in particular where the user utilises extracts for their own documentation. The warranty and liability for portable data storage media provided or supplied separately – i.e. with the exception of electronic documentation made available on the internet or intranet – is limited exclusively to the proper duplication of the software, whereby Messtechnik Sachs guarantees that the most up-to-date version of the documentation is contained on the relevant portable data storage medium. With regard to the electronic documentation made available on the internet/intranet, no guarantee is given that it is of the same version as the most recent printed edition.

2. Furthermore, Messtechnik Sachs shall not be liable for any lack of commercial success or for any damage or claims by third parties arising from the use of the LICENSED MATERIALS by the user, with the exception of claims arising from the infringement of third-party intellectual property rights relating to the use of the LICENSED MATERIALS.

3. The limitations of liability set out in paragraphs 1 and 2 shall not apply where strict liability applies in cases of wilful misconduct, gross negligence or the absence of warranted characteristics. In such cases, Messtechnik Sachs’ liability shall be limited to the damage which Messtechnik Sachs could have foreseen having regard to the specific circumstances.

V. Safety guidelines/documentation

Claims under warranty and liability in accordance with the above provisions (Sections III and IV) shall only arise if the user has complied with the safety guidelines set out in the documentation relating to the use of the machine and its safety guidelines, or with the terms of use for the software. The user is solely responsible for ensuring the compatibility of any electronic documentation not supplied as part of the product package with the product actually used by the user.