Important Notice

THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AS LICENSEE AND STEINBEIS EMBEDDED SYSTEMS TECHNOLOGIES GMBH (“STEINBEIS EST”) FOR THE SOFTWARE IC-MONITOR (“THE SOFTWARE”). PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE YOU INSTALL THE SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PROMPTLY DELETE ANY COPIES OF THIS SOFTWARE IN YOUR POSSESSION.

Subject to the terms of this EULA, YOU are granted a non-exclusive right for the duration of the EULA to use the SOFTWARE. YOU do not acquire ownership of copyright or other intellectual property rights in any part of the SOFTWARE by virtue of this EULA. YOUR use of this software indicates YOUR acceptance of this EULA and warranty.

1 Copyright

The copyright of the SOFTWARE and its documentation is owned by STEINBEIS EST. The SOFTWARE is protected by German and international copyright laws and international trade provisions.

The SOFTWARE is licensed and not sold. YOU only acquire the right to use the SOFTWARE and do not acquire any rights, explicit or implied, to the SOFTWARE other than those specified in this EULA. Interaction with or inclusion of parts of the SOFTWARE in third-party products does not mean that the SOFTWARE, or any part of it, is part of these products nor property of the companies owning these products.

2 License

STEINBEIS EST grants YOU a non-exclusive, unlimited in time, non-sublicensable, non-transferable license to use this SOFTWARE, and any associated documentation, as indicated herein. In case YOU acquire a fee-based version of the SOFTWARE, the license is granted to YOU upon full payment of the owed remuneration.

2.1 Versions

The SOFTWARE is available as a free version, named IC-MONITOR FREE and two fee-based versions, named IC-MONITOR PROFESSIONAL and IC-MONITOR ULTIMATE. The IC-MONITOR FREE contains only a subset of the functions of the IC-MONITOR PROFESSIONAL and IC-MONITOR ULTIMATE. The IC-MONITOR PROFESSIONAL version is limited to certain additional licensable functions whereas the IC-MONITOR ULTIMATE version includes all functions.

2.2 Releases

MAJOR RELEASES of the IC-Monitor will be delivered on an annual basis. If YOU have purchased a fee-based license for a MAJOR RELEASE (e.g. IC-Monitor 4.x.x) all MINOR RELEASES (e.g. IC-Monitor 4.x.x) of this MAJOR RELEASE (e.g. IC-Monitor 4.1.0) will be available for YOU free of charge.

2.3 Single User License and Floating License

If YOU have purchased a SINGLE USER LICENSE or acquired the IC-MONITOR FREE, one copy of the SOFTWARE may be used, for internal use only, by one single user (“the USER”).

If YOU have purchased a FLOATING LICENSE the SOFTWARE may be used, for internal purposes only, by the number of USERS authorized at the time of purchase. The SOFTWARE is in “use” by a USER when it has been loaded into the temporary memory (i.e. RAM) of the USER’s computer.

3 Delivery of Software

The delivery of the SOFTWARE occurs when STEINBEIS EST makes the SOFTWARE available to YOU via electronic download from a website specified by STEINBEIS EST. Shipment of a physical medium may optionally be done as an accommodation to YOU.

4 Restrictions on Use

YOU shall not, and shall not permit or encourage any third party to:

  1. alter, modify, adapt, translate, reverse engineer, disassemble, decompile, or attempt to derive the source code of the SOFTWARE or any part thereof, except to the extent that such activities are permitted under applicable law or in consultation with STEINBEIS EST,
  2. sell, lease, rent, sublicense, redistribute or otherwise transfer or convey the SOFTWARE to any third party,
  3. remove, alter, or obscure in any way the proprietary rights notices (including copyright, patent, and trademark notices and symbols) of STEINBEIS EST or its suppliers contained on or within any copies of the SOFTWARE or documentation,
  4. use the SOFTWARE or documentation for any unlawful purpose.

Any violation of any of the foregoing restrictions shall be a material breach of this agreement.

5 Support and Maintenance

STEINBEIS EST provides support for the SOFTWARE by means of documentation and other information accessible on STEINBEIS EST websites. Email-based support is provided by STEINBEIS EST as part of the IC-MONITOR PROFESSIONAL and IC-MONITOR ULTIMATE license.

6 Feedback

Any feedback, comments, suggestions, bug reports, log files, or other information provided by YOU to STEINBEIS EST related to or in connection with the SOFTWARE, shall be provided on a non-confidential basis (notwithstanding any notice to the contrary YOU may include in any accompanying communication), and STEINBEIS EST may use such feedback for any business purposes without restriction, including without limitation for product development and support. YOU hereby grant STEINBEIS EST a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use such feedback for any purpose.

7 Termination

The acquired license for the SOFTWARE is effective until terminated. YOU may terminate it at any time by destroying the SOFTWARE, together with all copies thereof. This license will also terminate if YOU fail to comply with any term or condition of this agreement. Upon such termination, YOU agree to destroy the SOFTWARE, together with all copies thereof.

8 Disclaimer of warranties

STEINBEIS EST does not warrant that:

  1. The operation of the SOFTWARE will be uninterrupted or error-fee or that functions contained in the SOFTWARE will operate in the combinations of the SOFTWARE or hardware that may be selected for use by YOU.
  2. The SOFTWARE will meet YOUR requirements or expectations.
  3. Any results, output, or data generated by the SOFTWARE will be functional, complete or reliable. Except as expressly stated in this section, to the maximum extent permitted by law, STEINBEIS EST specifically disclaims all other warranties, expressed or implied, oral or written, relating to this agreement and any services provided to YOU, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of third party rights.

Prior to using the SOFTWARE, it is YOUR responsibility to ensure that YOUR use of the SOFTWARE will not violate any legal or regulatory provisions nor deviate from the conditions intended for the use of the SOFTWARE.

8.1 NO WARRANTY FOR IC-MONITOR FREE

The IC-MONITOR FREE is provided as-is. STEINBEIS EST assumes therefore no maintenance obligations and no warranty in relation to customer holding this free license, except in the case of fraudulent concealment of defect.

9 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall STEINBEIS EST be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of profits, loss of revenue, loss of information, loss of data, loss of goodwill, business interruption or work stoppage, computer failure or malfunction) arising out of the use of or inability to use the SOFTWARE, including for the avoidance of doubt any open-source components or other third party materials, hardware or documentation, even if STEINBEIS EST or its licensor has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, the maximum cumulative liability, and the maximum cumulative remedy YOU may recover from STEINBEIS EST shall be limited to the license fee actually paid by YOU to STEINBEIS EST hereunder. YOU acknowledge and agree that, notwithstanding the failure of essential purpose of any limited remedy provided hereunder, STEINBEIS EST’s pricing of the SOFTWARE reflects the forgoing allocation of risk and limitation of liability under this agreement.

10 Publicity

In the event, that YOU have obtained a fee-based version the SOFTWARE, STEINBEIS EST reserves the right to reference YOU as one of STEINBEIS EST’s customers by mentioning YOUR company name in documents such as, but not limited to, web pages of STEINBEIS EST’s website, emails originating from STEINBEIS EST’s employees, publicity brochures and fact sheets, unless explicitly stated otherwise by licensee. In no event shall STEINBEIS EST publish any other information about YOU other than the single fact that YOU are a customer of STEINBEIS EST.

11 Third Party Licenses

The SOFTWARE may be distributed with software governed by licenses from third parties (“Third Party Software”), including any software component that is subject to any open-source copyright license agreement (“Open Source”). Notwithstanding anything to the contrary in this agreement, all third party Software is licensed to YOU solely under the terms of the corresponding third party license agreements provided or referenced in the text files included with the SOFTWARE. STEINBEIS EST makes no representation or warranty concerning third party Software and shall have no obligation or liability with respect to any third party Software. If the applicable third party licenses provide for the availability of source code of such third party Software and such source code is not already included in the SOFTWARE’s distribution, please contact STEINBEIS EST to obtain such source code.

12 Miscellaneous

This agreement is governed by the laws of Germany. The application of the treaty on contracts for the international sale of goods (CISG) is explicitly debarred. Any dispute arising out of or in connection with this agreement shall be subject to the jurisdiction of the courts of Stuttgart, Germany. STEINBEIS EST reserves the right to appeal to a court which is responsible for the registered office or branch of the licensee.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity or enforceability of the remaining provisions of this agreement. This agreement is the complete statement of the agreement and supersedes any proposal or prior communications between us relating to the subject matter of this agreement.

If YOU have any questions regarding this Agreement, YOU may contact STEINBEIS EST.