PEAK-System Technik GmbH - 10/2019

This software license agreement (following named "Agreement") is a legal agreement between you and your company ("Client") and PEAK-System Technik GmbH("PEAK"). By using the software program(s) and/or components included with our products or download from our WEB Server ("Software"), Client agrees to be bound by the terms of this Agreement. If Client does not agree to the terms of this Agreement, Software and the accompanying items shall be promptly un-installed and deleted.

1. Scope of Delivery of Software

1.1. Software is provided as it is. PEAK does not guarantee that Software embodies all necessary legal provisions and all standards related to the Software.
1.2. Software is delivered by PEAK in a machine-readable format (object code or source-code), together with installation instructions and user documentation (if provided). Installation instructions and user documentation may be provided in electronic format such as PDF or Standard Help files only.

2. Right to Use Software

2.1. PEAK grants to Client the right to use Software to the extent agreed in this agreement. Client may use Software for its own purposes and for the purposes of Client's customers.
2.2. Software is provided free-of-charge to Client as free supplement to other PEAK hard- and software products offered by PEAK.
2.3. Client may distribute the Software to any 3rd party only if these terms and conditions are included and if this distribution is done at no cost for the 3rd party. Any 3rd party receiving this Software also shall fully comply with these terms and conditions.
2.4. Customer is not allowed to distribute or provide the Software to any 3rd party and charge for it.
2.5. The Client agrees to use Software only on configurations that PEAK has declared to be compatible with Software.
2.6. PEAK grants Client the right to use Software only in combination with PEAK hardware or with OEM hardware (ask PEAK if your used products is an OEM). The usage of the free PEAK Software in combination with 3rd party hardware is prohibited.
2.7. Client may use the Software and Tools for his application or product. Client shall use the Software to build own applications and tools, even if they compete with PEAK software products or solutions.

3. Performance

3.1. Client shall be responsible for the implementation of Software.
3.2. Client is responsible to test Software under the conditions it shall be used before using it productively.
3.3. Client shall be responsible for the installation of Software on its IT-system.

4. Client's Responsibilities for Software Protection

4.1. Client acknowledges that Software and the related documentation, including future versions, are copyrighted, and represent confidential information and trade secrets proprietary to PEAK.
4.2. Client should not remove nor modify any copyright information of Software, especially if provided by PEAK in source-code, or of any documentation provided by PEAK.
4.3. Client is obliged to have the PEAK copyright and this Agreement directly accessible for users of the Software or Client’s product.
4.4. The documentation is provided in an electronic format. Client shall not be entitled to translate, distribute, modify or develop any works based on provided user documentation.
4.5. PEAK may revoke Client's right of use, if Client substantially violates its obligations referring to software protection.

5. Warranty and Maintenance

5.1. Software is provided for free without maintenance and warranty.
5.2. PEAK may fix bugs or enhance features, update Software without prior announcement. This includes implementation of new features and the adaptation to new system software (OS) and new hardware.

6. Support

6.1. As long as you use any of the Software Tools ONLY with PEAK Hardware, support is free of charge. If you use PEAK Tools without owning PEAK Products in your company, it is up to our Support Team if they provide free support for Software to your company or if they charge for it.

7. PEAK's Liability

7.1. PEAK, ITS AFFILIATES AND/OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION DAMAGES FOR LOSS OF DATA, OR SOFTWARE RESTORATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF PEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2. IN ANY CASE, THE ENTIRE LIABILITY OF PEAK, ITS AFFILIATES AND ITS SUPPLIERS', UNDER ANY PROVISION OF THIS AGREEMENT, SHALL BE LIMITED TO THE AMOUNT OF THE PAYMENTS MADE BY CLIENT TO PEAK FOR THIS SOFTWARE.

8. General Matters

8.1. This Agreement shall constitute the entire agreement between the parties and shall not be altered, amended or cancelled, except in writing and with the consent and signature of all parties concerned.
8.2. The parties, if they are merchants by registration, hereby submit to the jurisdiction of PEAK's main place of business (GERMANY).
8.3. This Agreement shall conform with and be governed by the laws of Germany.
8.4.  If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

This Agreement may only be modified in writing by an authorized officer of PEAK. This is the entire agreement between PEAK and You relating to the Software and it supersedes any prior representations, discussions, undertakings, end user agreements, communications or advertising relating to the Software.

*Software Provided Free-of-Charge

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A current List of all Software and API Tools are available on request.

In general, all files that are provided by our Product DVD / WEB Support Download etc., are part of this Agreement, including all Documents (PDF & txt files).

All files that use a own License agreement (see file description in the package) are excluded from this agreement.