DISCLAIMER

1. Warranty and limitation of liability 
(1) HILSCHER takes no responsibility for the use and/or application of the firmware (i.a. Edge Gateway Firmware, Yocto Linux, netX Firmware, Open Source modules and further software components) or Hardware-Products (e.g. 3rd-party IPC or Raspberry Plattform, cifx plugin board). 
HILSCHER does not assume any responsibility for the firmware or the Hardware-Products being appropriate to the aim intended by the customer; this responsibility is subject solely to the customer’s discretionary power and responsibility. The decision to use the firmware and netX-Hardware-Products is made at the discretion of the CUSTOMER and is the CUSTOMER’s responsibility. 

IN PARTICULAR, ANY USE OR APPLICATION OF FIRMWARE AND THE HARDWARE-PRODUCTS IN MEDICAL EQUIPMENT, MEDICAL DEVICES AND SYSTEMS, IN SAFETY-RELATED AUTOMOTIVE APPLICATIONS WITHIN VEHICLES, IN AIR AND AEROSPACE TRAVEL, AVIATION OR SPACE AND IN NUCLEAR PURPOSES, NUCLEAR TECHNOLOGY OR FOR ANY ILLEGAL PURPOSE OR PURPOSES VIOLATING NATIONAL OR INTERNATIONAL RESTRICTIONS SUCH AS EMBARGOS SHALL BE EXPRESSLY EXCLUDED. HILSCHER AND THE CUSTOMER AGREE THAT HARDWARE, THE LICENSED PROGRAM OR THE DOCUMENTATION HAVE NOT BEEN DEVELOPED OR DESIGNED FOR ANY OF THOSE OR SIMILAR PURPOSES.

(2) THE CUSTOMER HEREBY EXPRESSLY ABSOLVES HILSCHER FROM ANY CLAIMS BY THE CUSTOMER OR A THIRD PARTY IN CONJUNCTION WITH THE EXCLUDED USAGE DESCRIBED ABOVE. THE CUSTOMER SHALL INDEMNIFY HILSCHER AND SHALL AVERT ANY AND ALL CLAIMS, COSTS, FEES AND DAMAGES TO HILSCHER THAT RESULT DIRECTLY OR INDIRECTLY FROM SUCH USAGE. 

1.1 Warranty
(1) Hilscher’s warranty extends, at its own option, to subsequent performance or to reimbursement of the purchase price. A defect is also deemed to have been remedied if Hilscher notifies you of reasonable ways to avoid the effects of the defect in question. Nothing herein shall affect the rights of the Parties to rescind this Agreement or reduce the payment owed hereunder; these rights must be asserted by way of written notice. 

(2) The guarantee period shall be 12 months as of the passing of risk. The passing of risk shall occur upon delivery of the Hardware, the data carrier or download the program. The warranty of HILSCHER does not include any customer-specific purpose or any guarantee

a) HILSCHER hereby guarantees that the firmware has been created with due care and technical expertise. Nonetheless, given the current state of the art, it is impossible to completely exclude the potential for software errors. Upon notification by the CUSTOMER and during the guarantee period, HILSCHER shall rectify any errors in the firmware that significantly hinder its intended use. At HILSCHER’s discretion, this can occur by rectifying the fault free of charge (subsequent improvement) or by delivering a replacement. The CUSTOMER’s right to reduce the purchase price or withdraw from the Agreement if a second defect appears in the repair or the replacement delivery shall remain unaffected hereby, as shall any damage claims by the CUSTOMER. 
b) In the event of defects of title, HILSCHER shall provide the CUSTOMER with a legally sound method of its own choosing for using the product, or shall modify the product such that third-party rights are no longer violated. 

1.2 Liability
The guarantees in this Agreement apply in place of all other express, implied or legal guarantees, including guarantees of general serviceability and suitability for a specific purpose.  

a) In all cases of contractual and non-contractual liability, HILSCHER shall provide damage compensation only according to the following guidelines:
a.a.) In the event of intention or in the absence of a condition for which HILSCHER provided a guarantee: the full amount;
b.b.) In the event of gross negligence: only the amount of the foreseeable damage that would have been prevented by the obligation that was violated; 
c.c.) In other cases: only for a violation of a significant contractual obligation where this compromises the purpose of the Agreement, and only in the amount of the foreseeable damage in each case. Liability is limited to € 1 million per damage case, up to a total of € 5 million for cases in conjunction with this Agreement.
d.d.) Additionally, to the extent that HILSCHER is insured against the incurred damages: within the scope of the insurance coverage and contingent upon the insurance payment.
b) The limitations of liability as per letter a) do not apply to liability for personal injury or to liability in accordance with the Product Liability Act.  
c) HILSCHER retains the right to contest charges of contributory negligence.  

2 Licensing
(1) In accordance with the conditions of this Agreement, HILSCHER shall grant the CUSTOMER a worldwide, non-exclusive license to use the firmware.

(2) The CUSTOMER is hereby prohibited from decompiling or disassembling the firmware, particularly the program code, into another type of code; carrying out any other form of reverse engineering to reveal the software’s various production stages; and changing, expanding or reworking the program in any way unless this is done within the limitations and permissions unconditionally established by the copyright.

(3) Under no circumstances is the CUSTOMER entitled to rent out or otherwise sub-license the purchased firmware, to publicly reproduce it or make it accessible in wired or wireless form.

(4) You are not permitted to convert the firmware, and particularly the program code, back into another code form (decompilation / disassembly) or otherwise trace the various stages the Software has undergone during production thereof (reverse engineering except as permitted within the scope absolutely granted under copyright law (Sections 69 d and 69 e of the Copyright Act of the Federal Republic of Germany). You are permitted to remedy errors or to change the program in order to adapt it to new provisions of applicable law or regulations or to adjust it for different hardware, provided that you are doing so for your own use only and that the modified program is not intended for commercial exploitation in any manner whatsoever vis-à-vis external parties. You are not entitled to any rights of use and enjoyment with regard to the results of such editing work aside from the rights of use granted hereunder. Decompilation is permitted only within the limits stipulated in Section 69 e of the Copyright Act of the Federal Republic of Germany and is also permitted only if Hilscher has received a written request to resolve the problem and has been granted an adequate cure period and has not provided the necessary data or information in order to ensure that the Software is compatible with other software or hardware. 

3 Compliance with Export Laws and Regulations
The Software must not be exported to countries to which the export thereof is prohibited under U.S. Commerce Department Export Control Laws (http://www.bis.doc.gov/licensing/exportingbasics.htm) and the provisions thereof. Within the scope of this License Agreement, you represent and warrant that you will not export or re-export the Software to any country that is subject to U.S. export restrictions, or provide it through export or re-export to any natural person, legal entity, or end user that or who is subject to U.S. export restrictions. You agree that you will not provide the Software to any country that is subject to U.S. export restrictions or to any citizen of any such country, irrespective of where such person resides or stays, if such person intends to import the products to any such country, and that you will not provide the Software to end users of whom you know or suspect that they will use the Software, or any portion thereof, for the design, development, or production of nuclear, chemical, or biological weapons, and that you will not provide the Software to any end user banned by any federal agency of the United States government from participating in U.S. export transactions.

4 Miscellaneous
If individual provisions of this Agreement should be invalid, this shall fundamentally not affect the validity of the remaining provisions. The parties to the Agreement shall make an effort to replace the invalid provision with a provision that as closely as possible approximates the purpose of the Agreement, both legally and economically.