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The user may use the drawings, software and data provided by ZIEHL-ABEGG for private and business purposes at no cost. ZIEHL-ABEGG grants the user an unlimited, non-exclusive and non-transferable right to use the drawings, software and data to the extent that corresponds to the purpose intended by Ziehl-Abegg in making them available.
Drawings, software and data may not be sold, leased or transferred in any other way by the user to third parties. Unless otherwise permitted by binding legal regulations, the user is forbidden from editing, reverse engineering, decompiling or disassembling the software. Any form of commercial use of the drawings, software and data requires written permission from Ziehl-Abegg. The user may create a backup copy of the software if this is required for the backup of future use based on these conditions of use.
Free sample software or software libraries, as well as function blocks or partial software, are offered to serve as development templates, guides for software development for SPS as per IEC61131-3 and Siemens-compatible systems. Ziehl-Abegg does not assume any guarantee of function and such a guarantee is explicitly excluded. No warranty exists insofar as this is permitted in law, as the software modules contained in the sample software, libraries or partial software are provided free of charge. Unless explicitly agreed in written form, the copyright owners and/or third parties provide the software modules for use "as is" without any kind of warranty, either explicitly or implicitly. This includes, but is not limited to, commercial viability or suitability for a certain purpose. The user bears the full risk and full responsibility as regards quality, absence of errors and performance of the software modules or software. In the event that the software or parts of the software prove to be faulty, the user shall bear the full costs for the required servicing, repair and/or correction. In the event that the software or parts thereof are used for the creation of application software or used in software projects, the user shall bear full liability for the absence of errors, function and quality of the application. Any liability on the part of Ziehl-Abegg is strictly excluded. The user of the Ziehl-Abegg library or software must ensure by means of appropriate tests, approvals and quality assurance measures that no damages can arise as the result of any errors in the software or partial software of Ziehl-Abegg. The aforementioned conditions and limitations of liability apply equally to the software or partial software, as well as the descriptions and explanations provided in the documentation, even if this is not explicitly indicated.
ZIEHL-ABEGG holds the sole protection rights – especially copyrights – to the drawings, data and software (including but not restricted to any illustrations, photographs, animations, videos, audios, music, text and “Applets” contained in the software product), the printed supplementary material and all copies of the software product. The drawings, software and data are protected by copyright law as well as by other laws and agreements on intellectual property. The user will respect these rights, and especially shall not remove alphanumeric identifications, marks and copyright notes from the software as well as from drawings and data. Sections 69a ff. of the German copyright law (Urheberrechtsgesetz) otherwise remain unaffected.
Above and beyond the expressly granted right to use here, the user is not granted any further rights of any kind, especially commercial protection rights such as patents, utility models or brands nor is ZIEHL-ABEGG obliged to grant such rights.
ZIEHL-ABEGG bears no liability for legal and material defects in the drawings, data or software, in particular those concerning their correctness, absence of errors, absence of third-party property rights and copyrights, completeness and/or usability, apart from in the event of intent or malice.
Any other liability of ZIEHL-ABEGG is excluded unless they are legally liable, for example in accordance with the Product Liability Act, due to wilful intent, injury to life, limb or health, due to provision of a guarantee, due to malicious concealment of a defect or violation of important contractual obligations. However, damage compensation due to violation of important contractual obligations will be limited to the typical, foreseeable damage unless there is a case of wilful intent or gross negligence. Liability for direct, random and indirect damages as well as for damage claims for lost profits – insofar as legally permissible – is totally excluded.