General Terms and Conditions of CARRIDA Technologies GmbH, 76275 Ettlingen, Germany
Software means all of the contents of the files, disk(s), CD-ROM(s), DVD(s) or other media with which this Agreement is provided, including
but not limited to, Carrida Tech or third party computer software, digital images, example programs and Documentation; this also includes
upgrades, modified versions, updates, additions and copies of the Software, if any, licensed to you by Carrida Tech.
Documentation means but is not limited to the general documentation, Windows related SDK documentation, Linux related SDK documentation, Carrida Camera documentation, Technical Application Notes, if any, accompanying the delivery of the Software.
Documentation may be delivered
in printed and/or electronic and/or online forms.
Derivative means a computer software (Application) created by you that includes or is based in whole or in part on the Software, including, but not limited to, incorporating the Software into the Application by linking or otherwise using the Software in any form whatsoever in your Application.
Software Configuration means the Evaluation Version, the Development Version, or the Runtime Version of the Software.
License Type means a Nodelocked License.
License File means a computer file that contains license keys that permit you to use the Software in a particular Software Configuration.
Nodelocked License means a license, supplied to you in the form of a License File, that allows you to install and use the Software only on the computer specified in the Nodelocked License File.
Evaluation License means a license, supplied to you in the form of a License File, that allows you to install and evaluate the Software on any computer for a certain period of time, with a timespan encoded in the License File.
2. License Grant
Carrida Tech grants to you a nonexclusive license to install and use the Software as provided herein. The licensed Software and Documentation shall at all time remain the property of Carrida Tech and/or its licensors, and you, as licensee, shall have no right, title, or interest in the Software, except as expressly set forth in this Agreement.
Stand: Juli 2007
2.1 SOFTWARE CONFIGURATIONS AND LICENSE OPTIONS
Different rights, obligations and restrictions apply with each Software Configuration and License Type. Your right to install and use the Software is determined by the Software Configuration selected
and the associated License Type as set forth below:
Stand: Juli 2007
2.1.1. EVALUATION VERSION
The Evaluation Version is a version of the Software that allows you to evaluate the full functionality of the Software for a certain period
of time, typically one month. It requires an Evaluation License File.
Your right to use the Software and to create Derivatives is restricted to the purpose of evaluating the Software. Except as aforesaid, you may not use the Software for any other purposes, including, but not limited to, commercial purposes. In particular, you may not use the Evaluation Version to develop commercial applications. The Evaluation Version
may be used only in the time period that is specified in the Evaluation License File. After expiration of this time period, the Software may no longer be used. The transfer of the Software,
including, but not limited to, sublicensing and distribution to a third party is not permitted.
Stand: Juli 2007
2.1.2. DEVELOPMENT VERSION
The Development Version is a version of the Software that allows you to use the full functionality of the Software for an unlimited period of time. The Development Version requires a Development License File.
The Software may only be installed on the computer that is specified in the License File; see Section 2.2. You may use the Software to
create Derivatives, including commercial applications. In particular, you may use the Development Version to compile and link applications. You may not sublicense and/or distribute the Development Version to a
Stand: Juli 2007
2.1.3. RUNTIME VERSION
The Runtime Version is a version of the Software that only allows you to use the runtime functionality of the Software. In particular, certain development tools of the Software cannot be used, as described in the Documentation. The Runtime Version requires a Runtime License
File. The Software may only be installed on the computer that is specified in the License File; the Runtime Version is only available with Nodelocked Licenses. You may distribute and sublicense Derivatives. You must possess a valid license for the Development Version before you are authorized to distribute and/or sublicense your Derivatives. The Runtime Version may not be used for the creation of Derivatives, including, but not limited to, compiling and linking of applications. If you are authorized and choose to distribute such Derivatives, you agree (1) not to use Carrida Tech’s name, logo or trademarks
to market the Derivatives; (2) to display your own valid copyright notice which shall be sufficient to protect Carrida Tech’s copyright in the Software; (3) not to remove or obscure any copyright, trademark or patent notice that appear on the Software as delivered to you; (4) to accompany the Derivative with a license whose terms and conditions are at least as restrictive as the terms in this Agreement; (5) to explicitly exclude Carrida Tech and its suppliers from all liability for
damages or any obligation to provide remedial actions that may result from the use and distribution of Derivatives; (6) to indemnify, hold harmless and defend Carrida Tech from and against any claims or lawsuits,
including attorney’s fees, that arise or result from the use or distribution of the Derivatives; (7) otherwise comply with the terms of this Agreement; and (8) agree that Carrida Tech reserves all rights not expressly granted. The transfer of the Software, including, but not limited to, sublicensing and distribution to a third party is not permitted. Carrida Tech shall have no support or warranty obligations, and disclaims all
liability, for Derivatives developed and/or distributed by you. In particular, you will be solely responsible to your end users (or anyone else who uses your Derivatives) for support, service, upgrades, or technical or other assistance, and such persons will have no right
to contact Carrida Tech for any services or assistance.
2.2. LICENSE TYPES
2.2.1. NODELOCKED LICENSES
A Nodelocked License allows you to install and use the Software only on the computer specified in the Nodelocked License File. The computer is specified by a Host ID that is derived from a certain hardware component, which may be bound to an irremovable computer component (Irremovable Host ID), for example, a network card, or may be bound to a removable hardware component (Removable Host ID), for example, a dongle.
If you use an Irremovable Host ID for licensing the Software, you may only install and use the Software on the computer that includes the
Irremovable Host ID. If you use a Removable Host ID you may install the Software on any number of computers, but you may only use the
Software on the computer to which the Removable Host ID is attached.
2.3. COMPLIANCE WITH LICENSES
You agree that upon request from Carrida Tech or Carrida Tech’s authorized representative, you will within thirty (30) days fully document and certify that use of any and all Carrida Tech Software at
the time of the request is in conformity with your valid licenses from Carrida Tech.
You may make and use a reasonable number of copies of any Documentation, provided that such copies shall be used only for internal purposes and are not to be republished or distributed (either
in hard copy or electronic form) beyond your premises.
2.5. EXAMPLE PROGRAMS AND IMAGES
Carrida Tech grants you the right to use and modify the example programs and example images if part of the delivery included in the Software for the sole purposes of designing, developing, and testing
your software product(s).
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You may not rent, lease or lend the Software
3.2. BACKUP COPY
You may make a reasonable number of copies of the Software to backup devices such as hard disks, optical media, or tape and a reasonable
number of physical DVD media backup copies of the Software solely to replace the original copy provided to you if the original copy is damaged or destroyed. All rights not specifically granted to you herein are retained by Carrida Tech.
3.3. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, DISASSEMBLY AND
You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. If it is essential to do so in order to achieve interoperability of the Software with other software programs, you shall request Carrida Tech to provide the information necessary to achieve such interoperability and Carrida Tech will provide such information upon mutual consent.
Carrida Tech has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Carrida Tech or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and
may not be disclosed to any third party.
You may not modify, adapt, or otherwise alter the Software except as expressly permitted herein. In particular, you may not attempt to remove the license protection mechanism from the Software.
This Agreement does not grant you any rights in connection with any trademarks or service marks of Carrida Tech. You may not use the name,
trademarks, or service marks of Carrida Tech in any advertising, promotional literature or any other material, whether in written, electronic, or other form, distributed to any third party, except as
expressly permitted by Carrida Tech.
If the Software is an upgrade to a previous version of the Software, you must possess a valid license to such previous version in order to
use the upgrade. You may continue to use the previous version of the Software on your computer after you receive the upgrade to assist you in the transition to the upgrade, provided that (1) the previous version or copies thereof are not transferred to another party or computer unless all copies of the upgrade are also transferred to such party or computer; and (2) you acknowledge that any obligation Carrida Tech may have to support the previous version of the Software may be ended within one (1) year upon availability of the upgrade.
3.6. LICENSE FOR THIRD PARTY SOFTWARE
Carrida Tech has been granted licenses to distribute certain third party software. As a condition of those licenses, Carrida Tech is required to distribute the software subject to specific terms and conditions, which may be different from or additional to those contained herein for Carrida Tech’s Software. You understand and agree that acceptance of this Agreement also confirms your acceptance of the
applicable provisions for use, including the restrictions on use, of such third party software. You may contact Carrida Tech to obtain the current applicable provisions. Any breach of the applicable provisions of any third party’s license terms shall also be considered a material
breach of this Agreement.
Without prejudice to any other rights, Carrida Tech may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Software and all of its components.
4. INTELLECTUAL PROPERTY RIGHTS
The Software is protected by copyright and other intellectual property laws and treaties. All title and intellectual property rights in and to the Software, including, but not limited to, any digital images or example programs, incorporated into the Software, the Documentation and any copies of the Software are owned by Carrida Tech or its suppliers. The Software is licensed, not sold.
5. LIMITED WARRANTY
Carrida Tech warrants to the person or entity that first purchases a license for the Software that the Software will perform substantially in accordance with the Documentation for a period of twelve (12) months following receipt of the Software when used on a recommended hardware configuration. Non-substantial variations of performance from the Documentation does not establish a warranty right. This warranty does not apply to updates, pre-releases, or to Software that has been
altered by you, to the extent such alterations caused a defect. To make a warranty claim, you must return the Software to the location where you obtained it along with proof of purchase within such twelve (12) month period. If the Software does not perform substantially in accordance with the Documentation, the entire liability of Carrida Tech and your exclusive remedy shall be limited to either, at Carrida Tech’s option, the replacement of the Software or a refund of the license fee you paid for the Software. The limited warranty is void if failure of
the Software or hardware has resulted from accident, abuse or misapplication. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, THE PRODUCT IS PROVIDED WITHOUT WARRANTY OF ANY KIND.CARRIDA TECH HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. TO THE EXTENT THAT CARRIDA TECH MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
SOME STATES/JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER OR
ADDITIONAL RIGHTS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARRIDA TECH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION OF ANY KIND, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CARRIDA TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CARRIDA TECH’S TOTAL LIABILITY (WHETHER IN RELATION TO BREACH CONTRACT, NEGLIGENCE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE, IF ANY. Carrida Tech is acting on behalf of ist suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this
Agreement, but in no other respects and for no other purpose.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO YOU.
7. SPECIFIC EXCEPTIONS FOR EVALUATION VERSIONS
If the Software you have received with this Agreement is an Evaluation Version, you acknowledge that the Evaluation Version is restricted to specific purposes and may not be used in any other way as permitted.
CARRIDA TECH IS LICENSING THE SOFTWARE ON AN “AS IS” BASIS. CARRIDA
TECH DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY
KIND. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR SUCH SOFTWARE, BUT IT MAY BE LIMITED, CARRIDA TECH’S LIABILITY SHALL BE LIMITED TO THE SUM OF FIFTY EUROS(EUR 50) IN TOTAL.
8. JURY TRIAL WAIVER
EVEN IF TRIAL BY JURY MAY BE ADOPTED UNDER THE APPLICABLE LAW, THE
PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS EULA TO THE MAXIMUM EXTENT AS PERMITTED UNDER THE APPLICABLE LAW.
9. HAZARDOUS USES
The Software is not designed and/or intended for use in connection with any application requiring fail-safe performance such as the operation of nuclear power facilities, air traffic control or navigation systems, weapon control systems, life support systems, or any other system whose failure could lead to death, personal injury, or severe physical or environmental damage. You agree that Carrida
Tech will have no responsibility of any nature, and you are solely responsible for any expense, loss, injury or damage incurred as a result of such use of the Software.
10. ENTIRE AGREEMENT/SEVERABILITY
This Agreement contains the entire, final and exclusive understanding between Carrida Tech and you, and may not be modified or amended except by written instrument, executed by authorized representatives of Carrida Tech and you. If any provisions of this Agreement are held to be illegal, invalid or enforceable for any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this license will remain in full force and effect.
11. APPLICABLE LAW
This Software License Agreement is governed by the laws of Germany.