1.1
The following Cybus Terms & Conditions (hereinafter referred to as “T&C”) apply to Cybus GmbH (hereinafter referred to as “Cybus”) and its customers (hereinafter referred to as “Customer”).
1.2
The subject matter of the T&C is the free provision of a time-limited, free of charge license for a CybusMQ software version for test purposes (hereinafter: “Test Software”), which is made available by Cybus
(a) either as Software as a Service (SaaS) solution or
(b) as download for installation at the Customer’s premises.
1.3
The T&C shall apply exclusively. Deviating, conflicting or supplementary terms and conditions of the Customer shall only become part of the contract if and to the extent that Cybus has expressly agreed to their validity in writing or in text form.
1.4
When using the Test Software, the Customer is only authorized to use test data for the purpose of testing the functionalities of the Test Software.
Cybus grants the Customer a non-exclusive, non-transferable right limited to the term specified in these T&C to use the Test Software.
Cybus reserves all rights not expressly granted to the Customer hereunder.
3.1
The Customer is entitled to use the Test Software exclusively for technical evaluation, internal training, proof-of-concepts and demonstration purposes.
Any productive use for live factory floor operations, the commercialization of manufacturing services, or the implementation of industrial projects is prohibited.
3.2
Any productive use for marketing, sales, for the implementation of third-party commercial projects, and any resale of the Test Software is prohibited.
3.3
If the Test Software is to be demonstrated to third parties, the Customer must
(i) obtain the written consent of Cybus in advance, and
(ii) inform the third parties that all rights with regard to the Test Software are reserved by Cybus and that any use by the third party will be subject to a respective license by Cybus.
3.4
The Customer shall not decompile or disassemble the Test Software, carry out reverse engineering, or otherwise alter or manipulate the Test Software, in particular to bypass any functional or time-related restrictions.
3.5
The Customer is not entitled to grant sublicenses, reproduce the Test Software, or make it available to third parties, whether for a fee or free of charge.
4.1
The duration of the license is based on the individual agreement between Cybus and the Customer.
Unless otherwise agreed, the test period ends no later than 28 calendar days after access to the Test Software has been provided.
4.2
Upon expiration or termination of the trial period, the Customer is strictly prohibited from any further use of the Test Software.
The Customer agrees to immediately cease usage and delete all local installations.
Any continued use constitutes a breach of these T&C and an infringement of Cybus’s intellectual property rights.
Cybus is and remains the sole owner of all rights and title, including all intellectual property rights, in and relating to the Test Software and any modifications, enhancements, or updates.
6.1
Cybus is liable only in cases of intentional or grossly negligent breach of duty, for injury to life, limb, or health, for guaranteed qualities, fraudulently concealed defects, and under the Product Liability Act.
6.2
Cybus does not warrant that the Test Software will meet the Customer’s expectations, function with third-party hardware or software, operate without errors, or that defects will be corrected.
Cybus is not obliged to provide support for the Test Software.
Support may be provided at Cybus’s sole discretion.
Cybus may update or change the Test Software at any time.
Installation and configuration services are not included unless explicitly agreed.
Cybus may revoke the license at any time if the Customer violates these T&C.
In such case, the Customer must immediately cease use and permanently delete all installations, as the license expires automatically.
Both parties shall comply with applicable data protection regulations and ensure that employees involved maintain data secrecy.
These T&C are governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Hamburg, Germany, is the exclusive place of venue for all disputes arising from the license and use of the Test Software.
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