D.2 General Terms and Conditions for the Use of Software for Sinumerik and Drive Technology
SINUMERIK 802D sl License Agreement
D-244
SINUMERIK 802D sl Instruction Manual (BA), 05/2005 Edition
6FC5 397-0CP10-1BA0
D.2 General Terms and Conditions for the Use of Software for
Sinumerik and Drive Technology
D.2.1 Delivery of the Software to licensees and granting of rights of use in the
Software
1. The delivery of the Software for automation and drive technology to the Licensee is sub-
ject to the applicable mutual written declarations. Any general terms and conditions of the
Licensee, however, shall only be valid if we have expressly agreed to them.
We grant the Licensee rights to use the Software mentioned either in the Order Confir-
mation or – if the Licensee has not received an Order Confirmation – in the Certificate of
License, or – if the Licensee has received a Software Product Form instead of the Certifi-
cate of License – in the Software Product Form. The Certificate of License and the Soft-
ware Product Form will be referred to in the following as “CoL”. The Licensee will receive
the CoL together with the delivery of the Software or the delivery note.
The form of delivery of the Software also results either directly from the Order Confirma-
tion or the Order Number of the Software specified in the Order Confirmation in conjunc-
tion with the relevant order data specified in the Catalog valid at the time of order confir-
mation (in the following referred to as “Order Data”), or from the CoL. If the Licensee has
not received a data carrier, he shall be entitled to make copies of the Software he has
already in his possession to the extent required to use the Software within the rights to
use granted to him. This shall apply analogously if the Software is delivered electronically
(via download).
If in these Terms and Conditions reference is made to the Order data or the CoL, the re-
ference to the CoL will only be relevant if the Licensee has not received an Order Confir-
mation. In any case, the data contained in the Order Data are also contained in the CoL.
2. The documentation that belongs to the software is to be acquired separately, unless it is
specified in the order data or the CoL that the documentation is included in the scope of
supply. If the Licensee is entitled to make copies of the software as it is mentioned in
Point D.2.1, Clause 1 above, this shall also pertain to the documentation so far as inclu-
ded in the scope of supply.
3. If the Licensee has received a license key for the software, this must also be installed.
4. The rights granted to the Licensee in the software result from the license type
(see Point D.2.2) and the software type (see Point D.2.3). License type and software type
result from the order data or the CoL.
If the Software is delivered electronically or by granting multi-user license rights, these
shall refer to the rights and duties in the legally created copies mentioned in these Gene-
ral Terms and Conditions.
5. If the Licensee is in the legal possession of a previous version/release of the Software
(in the following referred to as “Previous Version” ), the Licensee shall be granted the
right to exercise the right to use the Software either for the Software itself or – if this is
technically feasible – for the Previous Version (downgrading). If the Software is an
upgrade or a PowerPack as mentioned in Point D.2.4 below, Point D.2.4 shall apply in
addition.