FRAMEGRABBER SDK END-USER LICENSE AGREEMENT
IMPORTANT - PLEASE READ CAREFULLY
THIS END-USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL OR A LEGAL ENTITY, ("CUSTOMER"), AND BASLER AG ("BASLER") FOR THE BASLER SOFTWARE PRODUCTS ACCOMPANYING THIS AGREEMENT, WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE "ONLINE" OR ELECTRONIC DOCUMENTATION, ASSOCIATED MEDIA, AND/OR PRINTED MATERIALS ("SOFTWARE"). BEFORE YOU DOWNLOAD, INSTALL OR USE THE SOFTWARE, CAREFULLY READ THIS AGREEMENT. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU CONSENT TO THE TERMS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
1. SOFTWARE OF THIRD-PARTY MANUFACTURERS. Notwithstanding the terms and conditions of this AGREEMENT, all or any portion of the SOFTWARE which constitutes non-proprietary BASLER software or software provided under Open source license by third parties ("third-party software"), is licensed to CUSTOMER subject to the terms and conditions of the software license agreement accompanying such third-party software. Use of the third-party software by CUSTOMER shall be governed entirely by the terms and conditions of such license. CUSTOMER can find the license terms and conditions in the "https://docs.baslerweb.com/frame-grabbers/third-party-license-notices-framegrabber-sdk" of the online technical documentation or contact BASLER support. BASLER software includes some open source software source code that may be used and modified by anyone and everyone, provided they, in turn, make it available to everyone else with the same licensing agreement. Please contact BASLER support for the original source code of components licensed under Open source licenses.
2. GRANT OF LICENSE, TERMINATION IN CASE OF VIOLATION. BASLER grants CUSTOMER a personal, non-exclusive, non-transferable right to use the SOFTWARE provided that CUSTOMER comply with all terms and conditions of this AGREEMENT. Should CUSTOMER violate the provisions of this Agreement, BASLER shall have the right to terminate the Agreement immediately. In this case CUSTOMER must delete the software including all copies or return it to BASLER.
3. PERMITTED USE OF THE SOFTWARE. CUSTOMER may install and use the SOFTWARE as whole or in parts (single files, e.g. DLLs etc.) on an unlimited number of computers. CUSTOMER may solely use the SOFTWARE for the purpose to operate a BASLER frame grabber or interface card product.
4. TRANSFER. CUSTOMER may transfer the SOFTWARE in whole or in parts (single files, e.g. DLLs etc.) to another individual/entity provided that the transferee accepts the terms of this AGREEMENT. CUSTOMER may not rent, lease, sub-license, or lend the SOFTWARE or any portions thereof to others, except as expressly granted in this section 4.
5. RESTRICTIONS. CUSTOMER may not copy or use the SOFTWARE except as set forth in this AGREEMENT. CUSTOMER may not remove any proprietary notices or labels on the SOFTWARE; any copies that CUSTOMER is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on and in the SOFTWARE. Notwithstanding the aforementioned, CUSTOMER may make copies as required by law.
6. LIMITATION ON REVERSE ENGINEERING. CUSTOMER agree not to modify, adapt, reverse engineer, decompile, or disassemble the SOFTWARE or otherwise attempt to discover the source code of the SOFTWARE or algorithms contained therein or create any derivative works from the SOFTWARE, except as expressly provided in this AGREEMENT.
7. PROPRIETARY RIGHTS. All intellectual property rights in the SOFTWARE are owned by BASLER or its suppliers and are protected by copyright laws and international copyright treaties. CUSTOMER shall not remove any product identification, copyright notices or proprietary restrictions from the SOFTWARE.
8. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BASLER AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to CUSTOMER in its entirety.
9. LIMITATION OF LIABILITY.
9.1 BASLER SHALL SOLELY BE LIABLE, WITHOUT LIMTIATION, FOR ANY DAMAGES RESULTING FROM (i) INJURY, BODILY HARM OR LOSS OF LIFE DUE TO A NEGLIGENT OR INTENTIONAL BREACH OF DUTY BY BASLER OR BASLER’s REPRESENTATIVES, (ii) ANY VIOLIATION OF AN OBLIGATION WHICH IS ESSENTIAL FOR THE PURPOSE OF THIS AGREEMENT (Kardinalspflicht) AND/OR (iii) A GROSSLY NEGLIGENT OR INTENTIONAL BREACH OF THIS AGREEMENT BY BASLER OR BASLER’s REPRESENTATIVES.
9.2 BASLERS LIABILITY UNDER THE PRODUCT LIABILITY ACT (ProdHaftG) REMAINS UNAFFECTED.
9.3 IN ALL OTHER CASES THAN THE AFOREMENTIONED, BASLER SHALL NOT BE LIABLE FOR ANY DAMAGES (WETHER OR NOT SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF BASLER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE, UNLESS SUCH DAMAGES OCCUR AS A RESULT OF AN INTENTIONAL BREACH OF THIS AGREEMENT BY BASLER AND/OR ITS REPRESENTATIVES.
9.4 In cases of any breach of contract by BASLER, for which the liability of BASLER is not excluded under Section 9.3 above, BASLER’s liability shall be limited to the amount of damages foreseeable under and typical for the Agreement.
10. GOVERNING LAW AND JURISDICTION.
10.1 This AGREEMENT shall be considered to have been entered into and construed in accordance with the laws of Germany, excluding its provisions on the conflict of laws and the CISG rules. For all controversies between the parties or claims based on this AGREEMENT the District Court Hamburg shall have jurisdiction. Failure by either party to enforce any term of this AGREEMENT shall not be deemed to be a waiver of future enforcement of that term or any other term.
10.2 CUSTOMER agree that this AGREEMENT shall be enforceable in a court of equity and acknowledges that a breach by CUSTOMER of the terms of this AGREEMENT may not be adequately remedied by an award of damages and that BASLER shall therefore be entitled to injunctive or other equitable relief in the event of such breach. CUSTOMER further agree that the election by BASLER to seek equitable relief shall not preclude it from also seeking relief at law.
11.1 This AGREEMENT is the complete and exclusive statement of the agreement between the parties and supersedes all prior agreements and communications with respect to the subject matter. This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
11.2 This AGREEMENT can only be modified by a written document signed by both parties.
11.3 If any provision of this AGREEMENT is held invalid, the offending clause will be deleted and replaced by a clause which is valid and comes as close as possible to the offended clause. In any case the invalidity of one or more clauses shall not affect the validity of the remaining clauses and the remainder of this AGREEMENT will continue in full force and effect.