ROHDE & SCHWARZ GmbH & Co. KG
Mühldorfstraße 15, 81671 München, Germany
Represented by the Executive Board: Friedrich Schwarz (President & CEO),
Michael Vohrer (President & COO), Manfred Fleischmann (President & COO),
Christian Leicher (President & COO)
Commercial Register (of Amtsgericht München) No. HRA 16 270
Personally Liable Partner: RUSEG Verwaltungs-GmbH · Place of Business:
München · Commercial Register (of Amtsgericht München) No. HRB 7 534
VAT
Registration No. DE 130 256 683
LEGAL NOTICE: PLEASE READ THESE TERMS AND CONDITIONS BEFORE INSTALLING OR
OTHERWISE USING THE SOFTWARE PROGRAMMS, INFORMATION, METHOD DESCRIPTIONS,
PICTURES, GRAPHS, DATA SHEETS AND OTHER CONTENTS (HEREINAFTER REFERRED TO AS
“PRODUCTS”). ALL USE OF THE PRODUCTS IS SUBJECT TO THE TERMS AND CONDITIONS
SET FORTH BELOW.
TO INSTALL THE PRODUCTS, THE USER MUST FIRST AGREE TO THE FOLLOWING TERMS
AND CONDITIONS BY CLICKING ON THE "I AGREE BUTTON" AND CLICKING "NEXT". IF
THE USER DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, CLICK ON THE "I
DO NOT AGREE" BUTTON BELOW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS
NOTICE, INSTALLING OR OTHERWISE USING ANY OF THE PRODUCTS INDICATES THE
USER´S ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Terms and Conditions of
Use
The User
shall be entitled to view and download the PRODUCTS including enhancements
and documentations if any. The use of the PRODUCTS shall be free of charge.
The User shall not be entitled to change, modify or alter the PRODUCTS,
unless the right to do so is expressly stipulated in the PRODUCTS. The right
to use the PRODUCTS requires the prior acceptance of these Terms and
Conditions (hereinafter referred to as “Terms and Conditions”).
Grant of License
Rohde &
Schwarz GmbH & Co. KG (R&S) is willing to provide the User with a limited,
non-exclusive right to use the PRODUCTS.
Restrictions
The User
may not decompile, disassemble, reverse engineer, adapt, or create
derivative works of the PRODUCTS.
R&S offers
limited support for the PRODUCTS at its sole discretion and reserves the
right to update the contents of the program and its associated files,
documentation and/or other elements.
Copyright
The
PRODUCTS are owned by R&S and are protected by copyright laws and
international treaty provisions. Therefore, the User must treat the PRODUCTS
like any other copyrighted material. The User may not copy the written
materials accompanying the PRODUCTS. The User may
make copies or adaptations of the PRODUCTS only for archival purposes or
only when copying or adaptation is an essential step in the authorized use
of the PRODUCTS. The User must reproduce all copyright notices in the
original PRODUCTS on all permitted copies or adaptations. Except as provided
here, the User may not copy, modify or translate the PRODUCTS or disable any
of its features. The User may not copy the PRODUCTS onto any public or
distributed network or service bureau. In addition, the User may not lease,
rent or sublicense the PRODUCTS without R&S's prior written consent.
Exclusion of Warranty
The
PRODUCTS shall be made available to the User free of charge and without any
warranty (“AS IS”). R&S shall in particular not give any warranty for the
PRODUCTS being correct and complete or suitable for a specific purpose. In
addition, R&S shall not warrant the PRODUCTS to be free from third-party
rights. Those third parties may protect their rights in the event of any
violation of these Terms and Conditions.
Liability
R&S shall
only be liable in case of intent or gross negligence. This limitation shall
not apply in case of
injuries of
life, body or health.
Consequential Damages
IN NO
EVENT SHALL R&S, ITS EMPLOYEES OR SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY
LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, PROPERTY DAMAGE, INTERRUPTION OF BUSINESS, LOSS OF
BUSINESS INFORMATION OR FOR ANY INDIRECT, INCIDENTAL, ECONOMIC OR
CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT,
TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR
INABILITY TO USE THE PRODUCTS, EVEN IF R&S OR ITS EMPLOYEES OR SUPPLIERS OR
AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
COUNTRIES/STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, R&S, ITS
EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO € 500.
Termination
R&S may
terminate the Terms and Conditions upon notice for failure to comply with
any of these Terms and Conditions. Upon termination, the User must
immediately destroy the PRODUCTS, together with all copies, adaptations and
merged portions in any form.
Miscellaneous
If any
provision of these Terms and Conditions are held invalid, the offending
clause will be modified so as to be enforceable and, as modified, shall be
fully enforced, and the remainder of these Terms and Conditions will
continue in full force and effect. Product and company names used herein are
trademarks or trade names of their respective companies.
Applicable Law /
Jurisdiction
These
Terms and Conditions shall be governed and construed exclusively by German
law. The competent courts of Munich shall have jurisdiction in so far as
permitted by law.
COPYRIGHT
© 2002, 2005 Rohde & Schwarz GmbH & Co. KG. All Rights Reserved.
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