NmxDLL Reference Guide > Introduction > Legal notes > Terms of use for documentation & software

I. Protection rights and scope of use

Messtechnik Sachs provides operating instructions, manuals, documentation, and software programs - all collectively referred to as "LICENSED OBJECT" below - either on portable data storage devices (e.g. diskettes, CD ROMs, DVDs, etc.), in written (printed) form or in electronic form, for a fee and/or free of charge. The LICENSED OBJECT is subject to proprietary safeguarding provisions among other regulations. Messtechnik Sachs or third parties have protection rights for this LICENSED OBJECT. In so far as third parties have whole or partial right of access to this LICENSED OBJECT, Messtechnik Sachs has the appropriate rights of use. Messtechnik Sachs permits the user the use of the LICENSED OBJECT under the following conditions:

1.1) Scope of use for electronic documentation

a) With the acquisition/purchase or relinquishment of a LICENSED OBJECT, you as the user acquire a simple, non-transferable right of use with regard to the respective LICENSED OBJECT. This right of use authorises the user to use the LICENSED OBJECT for the user's own, exclusively company-internal purposes on any number of machines within the user's business premises. This right of use includes exclusively the right to save the LICENSED OBJECT on the central processors (machines) used at the location.

b) Irrespective of the form in which operating instructions and/or documentation are provided, the user may furthermore print out any number of copies on a printer at the user's location, providing this printout is printed with or kept in a safe place together with these complete terms and conditions of use and other user instructions.

c) With the exception of the Messtechnik Sachs logo, the user has the right to use pictures and texts from the operating instructions/documentation for creating the user's own machine and system documentation. The use of the Messtechnik Sachs logo requires written consent from Messtechnik Sachs. The user is responsible for ensuring that the pictures and texts used match the machine/system or the product.

d) Further uses are permitted within the following framework:

Copying exclusively for use within the framework of machine and system documentation from electronic documents of all documented supplier components. Demonstrating to third parties exclusively under guarantee that no data material is stored wholly or partly in other networks or other data storage devices or can be reproduced there.

Passing on printouts to third parties not covered by the regulation in item 3, as well as any processing or other use are not permitted.

1.2) Scope of use for software products

For any type of Messtechnik Sachs software including the associated documentation, the customer shall receive a non-exclusive, non-transferable and time-unlimited right of use on a certain hardware product or on a hardware product to be determined in individual cases. Messtechnik Sachs shall remain the owner of the copyright as well as of any other industrial property rights. The customer may make copies for back-up purposes only. Any copyright notes may not be removed.

2. Copyright note

Every LICENSED OBJECT contains a copyright note. In any duplication permitted under these provisions, the corresponding copyright note of the original document concerned must be included:

D-73614 Schorndorf

3. Transferring the authorisation of use

The user can transfer the authorisation of use re. the respective LICENSED OBJECT as per these provisions in the scope and with the limitations of the conditions in accordance with items 1 and 2 completely to a third party. The third party must be made explicitly aware of these terms and conditions of use.

II. Exporting the LICENSED OBJECT

When exporting the LICENSED OBJECT or parts thereof, the user must observe the export regulations of the exporting country and those of the acquiring country.

III. Warranty

1. Messtechnik Sachs products are being further developed with regard to hardware and software. If the LICENSED OBJECT, in whatever form, is not supplied with the product, i.e. is not supplied on a data storage device as a delivery unit with the relevant product, Messtechnik Sachs does not guarantee that the electronic documentation corresponds to every hardware and software status of the product. In this case, the printed documentation from Messtechnik Sachs accompanying the product is alone decisive for ensuring that the hardware and software status of the product matches that of the electronic documentation.

2. The information contained in an item of electronic documentation can be amended by Messtechnik Sachs without prior notice and does not commit Messtechnik Sachs in any way.

3. Messtechnik Sachs guarantees that the software program it created agrees with the change description and program specification but not that the functions included in the software run entirely without interruptions and errors or that the functions included in the software can run or meet the requirements in all combinations selected by and in all conditions of use designated by the acquirer.

IV. Liability/limitations on liability

1. Messtechnik Sachs provides LICENSED OBJECTS to allow the user to use - in conformity with the contract - Messtechnik Sachs products which require software for proper operation, or to assist the user in creating the user's machine and system documentation. In the case of electronic documentation which in the form of data storage devices does not accompany a product, i.e. which is not supplied together with that product, Messtechnik Sachs does not guarantee that the electronic documentation separately available/supplied matches the product actually used by the user.

The latter applies particularly to extracts of the documents for the user's own documentation. The guarantee and liability for separately available/supplied portable data storage devices, i.e. with the exception of electronic documentation provided on the Internet/Intranet, are limited exclusively to proper duplication of the software, whereby Messtechnik Sachs guarantees that in each case the relevant portable data storage device or software contains the latest status of the documentation. In respect of the electronic documentation on the Internet/Intranet, it is not guaranteed that this has the same version status as the last printed edition.

2. Furthermore, Messtechnik Sachs cannot be held liable for the lack of economic success or for damage or claims by third parties resulting from use of the LICENSED OBJECTS by the user, with the exception of claims arising from infringement of protection rights of third parties concerning the use of the LICENSED OBJECTS.

3. The limitations on liability as per paragraphs 1 and 2 do not apply if, in cases of intent or wanton negligence or lack of warranted quality, liability is absolutely necessary. In such a case, the liability of Messtechnik Sachs is limited to the damage recognisable by Messtechnik Sachs when the specific circumstances are made known.

V. Safety guidelines/documentation

Guarantee and liability claims in conformity with the regulations mentioned above (items III and IV) can only be made if the user has observed the safety guidelines of the documentation in conjunction with use of the machine and its safety guidelines or the terms and conditions of use of the software. The user is responsible for ensuring that the electronic documentation, which is not supplied with the product, matches the product actually used by the user.