Licence agreement terms & conditions: 

for

the use of FPS F5 software from Schunk GmbH & Co. KG, Bahnhofstrae 106-134, 74348 Lauffen / Neckar

1 Subject of the contract
The subject of this contract is the computer software stored on data media (disk or CD-ROM), the description of the program and operating instructions and any associated written material (hereinafter called software).

The user is aware that although the programs are developed in keeping with the latest technological advances, faultless functionality in all applications and combinations cannot be guaranteed. The subject of this contract is therefore solely software which can be used fundamentally in the sense of the program description and
operating instructions.

2 Scope of use
By using the data medium the user recognises these terms and conditions and acquires the irrevocable, but non-transferable and non-exclusive right to use the software for his own  personal or work  purposes  running on a computer system. 
If the user does not agree to the terms and conditions of this licence agreement, he shall return the data medium immediately.  Postage costs shall be reimbursed.

Copies of the software may be made for back up and archive purposes only.

No other use is permitted.

3 Special restrictions
Specifically, the user is not permitted to give or make the software available to a third party without prior written permission from Schunk. Furthermore it is expressly prohibited to change, translate, further develop, decompile or disassemble the software without prior written permission from Schunk.

4 Ownership of rights
On receipt of the data medium the user acquires ownership of the data medium only. This does not entitle the user to any rights to the software itself beyond the right of use. 
Schunk reserves all publication, copyright, revision and utilization rights relating to the software. 
The software and written material are protected by copyright.

It is not permitted to make changes to any copyright notices on the data medium or in the software.

5 Transfer of utilization rights
The right to use the software can be transferred to a third party only with prior written permission from Schunk and only in conjunction with the transfer of these licence agreement terms and conditions.


It is expressly prohibited to give away, lease, lend or make the software available in any other way to third parties. 
Schunk reserves the right to bring an action at law for damages.

6 Guarantee and liability
Schunk guarantees only that the software shall be suitable for the described purpose at the point of transfer of the software.  This guarantee extends to the fault-free condition of the data medium on which the software is provided.

If there is a fault with the data medium or software, the user must inform Schunk of this immediately. Whether the software is replaced or repaired shall be at Schunk's discretion. However, Schunk shall inform the user within 14 days from notification of the fault in the data medium or software if it is intended to make a replacement.

No additional liability shall be accepted in view of the fact that the software and data medium are provided free of charge. In particular, there shall be no guarantee that the software fulfils the requirements and purposes of the user or that it is compatible with other programs chosen by the user.

7 Exclusion of claims for damages
Schunk shall not be liable for damaged or faulty software or data media. In particular, liability for consequential damages as a result of a fault, regardless of its type or on whatever legal basis is excluded. Liability for intent remains. Insofar as the user is fully qualified in business, the liability for gross negligence is excluded, however.

8 Support
It is entirely at Schunk's discretion whether or not Schunk shall undertake to make software updates. The laws governing guarantee and liability apply to updates accordingly.

9 General terms and conditions
Exclusively the laws of the Federal Republic of Germany shall apply to this agreement. The place of jurisdiction is Heilbronn. Changes and amendments to this licence agreement without exception shall require a special agreement signed by Schunk and the user which makes reference to these terms and conditions.
