Bosch IO

License Agreement for use without charge of Software
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As of January 8, 2020

The following conditions are applicable to the use of software from Bosch.IO GmbH, Ullsteinstr. 128, 12109 Berlin, Germany, www.bosch.io (hereafter licensor) for test purposes, without charge, including access to the software via the Internet (referred to below as the ASP model).

1. Software
1.1. The following conditions apply when permission is granted to use the software of the licensor without charge for test purposes. The software consists of the program code and the electronic version of the related documentation.
1.2. The software contains open source software components. The licensee shall be provided with an up-to-date list of the open source software components contained in the software and the applicable open source software license terms on request prior to conclusion of the agreement or, at the latest, upon delivery of the software. The licensee has the right to use the open source software components to the extent described in this Section 1 and Section 2 of these license terms. Any use in excess of this (e.g. transfer of the open source software components to third parties, processing of the open source software components) is permissible if the licensee accepts the open source software license terms and thereby acquires further rights directly from the respective licensor of the open source software components. In this case, the use of the open source software components is governed solely by the respective open source software license terms. If the open source software license terms of the open source software components contained in the software include the obligation to provide the source code the licensor will make the source code available on an appropriate medium and within an adequate timeframe for use and transfer according to the open source software license terms upon licensees request.
1.3. The licensee is granted the non-exclusive right to use the software for test purposes for a limited period of 30 days (authorized period), starting on the date on which the software is downloaded or access is granted to the software via the ASP model. The licensor has the right to limit the time for which the software remains operable by implementing technical measures such as disabling the program.
1.4. The licensor retains all other rights pertaining to the software, in particular the right to use the software for commercial purposes, produce additional copies of the software, to modify the software, to sell or offer to sell the software, and/or to use the software for any other purpose other than that for which the license was originally granted. The licensor also retains all rights to the trade name, proprietary knowledge and other intellectual property rights pertaining to the software. 
1.5. The licensee is not authorized to modify the software without the prior written consent of the licensor. Furthermore, the licensee is not authorized to translate the software, use it to create any derivative works, or delete copyright marks, trade names or any other features that enable the origin of the software to be identified. Notwithstanding the forgoing the licensee has the right to edit the components of the software that are linked to program libraries licensed under the GNU Lesser General Public License (LGPL Version 2.1) for the licensee's internal use and to analyze and reengineer them for this purpose. With respect to components of the software that are linked to program libraries licensed under the GNU Lesser General Public License (LGPL Version 3), the licensee has the right to analyse and reengineer them in order to edit the program libraries licensed under the LGPL Version 3 and to be able to rectify errors in the proprietary components. The information obtained through the aforementioned action and the edited proprietary components may not be disclosed.
1.6. The licensee is not authorized to assign or transfer the acquired rights, in part or in whole, without the prior written consent of the licensor. 
1.7. The licensor has the right to prohibit the licensees use of the software if the licensee violates any of the abovestated terms of the license agreement.

2. Conditions governing access to the software via the ASP model 
2.1. Unless otherwise agreed, licensees granted permission to access the software via the ASP model will be provided with read access to the software environment in which the software is installed, via their Internet browser.
2.2. If, in exceptional cases, the licensee is additionally granted write access to the software environment in which the software is installed, the licensor will provide the necessary storage space for the licensees data, at the licensors discretion. This storage space is to be used exclusively for testing purposes as defined in section 1. At the end of the authorized period, the licensor has the right to delete all data generated by the licensee. All data generated through the use of the software by the licensee are deemed to be the property of the licensor. The rights of the licensee are limited to the use of these data as specified in section 1.
2.3. In the case of software accessed via the ASP model, the licensor has the right to restrict or deny this access at any time. The licensor bears no responsibility for assuring continuous access to the ASP platform and does not guarantee any specific or average response times for the software.

3. Obligations of the licensee
Licensees who wish to use the software outside Germany may be required to comply with the applicable national legislation in the country in question. In such cases, the licensee agrees to comply with the locally applicable regulations. The licensee moreover agrees to pay all related taxes, customs charges and other fees that might be demanded in connection with the use of the software.

4. Amendments to the conditions of use
The licensor reserves the right to amend the conditions of use at any time. Such amendments take effect immediately on the date at which they are explicitly accepted by the licensee or, failing that, 10 days after the licensee has been notified of the changes if no opposition has been lodged within this timeframe. If the licensee opposes the changes, the authorized period of use is automatically terminated.

5. Guarantees and liability
The licensor accepts no guarantees or liabilities arising from the use of the software, regardless of the legitimacy of such claims, except in the case of deliberate or malicious intent. The exclusion of such liabilities expressly includes claims for damages resulting from criminal acts or the violation of safety codes and civil responsibilities. This ruling does not affect statutory claims for damages to persons or property under the terms of the relevant product liability laws.

6. Export controls
6.1. The software, in part or in whole, may be subject to the export laws and regulations of the United States and of the country from which it is exported. The licensee  agrees to comply with all national and international export laws and regulations applicable to the software.
6.2. The software must not be used for military purposes or in the service of nuclear technology. 

7. Data protection
7.1. The licensee is not allowed to store personal data on the storage media allocated for use of the software via the ASP model. If this condition is violated, the licensor is freed of all responsibility vis--vis third-part claims for damages.
7.2. The licensor only stores, processes or uses the licensees personal data within the scope of the relevant laws or if the appropriate authorization has been granted to the licensor. In accordance with current legislation, the licensee has the right to forbid the use of its data for advertising purposes and to revoke any previously accorded permission at any time.
7.3. Requests for information, other inquiries, oppositions to the processing of personal data or the use of its data for advertising purposes and notifications of amendments to the licensees data can be sent to the following contact address, stating your name, address and, if allocated, your customer ID number: Bosch.IO GmbH, INST/MKC, Ullsteinstr. 128, 12109 Berlin, GERMANY, or via email info-de@bosch-si.com

8. Confidentiality
8.1. The licensee agrees to preserve the strict secrecy of all confidential information obtained as a result of this contractual agreement, and only to disclose such data to third parties with the prior written consent of the licensor  regardless of its purpose. Confidential information includes all information designated as such by the licensor and other information regarded as confidential by virtue of the licensing agreement.
8.2. The obligations listed in section 8.1 above do not apply to information or partial information for which the licensee can prove that they 
a.) were legally acquired from a third party without confidentiality obligations, or
b.) were made public or entered the public domain after the date of reception, unless the party receiving the information was responsible for the disclosure.
8.3. Public statements concerning collaboration between the two parties may only be issued with the prior consent of both parties.
8.4. The conditions laid down in section 8.1 remain valid beyond the termination of the agreement, for an unlimited period, as long as the exceptions cited in section 8.2 above have not been proved.

9. General terms and conditions
9.1. If legally possible, the place of fulfillment and exclusive jurisdiction is Stuttgart.
9.2. The terms of this license agreement and all other related agreements between the licensor and the licensee are subject to German law. The application of UN purchasing rights is excluded.
9.3. If one or several of these conditions should be invalidated or cancelled, this does not affect the validity of the remaining conditions. In such cases, the invalid or cancelled condition must be replaced by a valid agreement that approximately corresponds to the commercial purpose of the original, invalid or invalidated conditions.

Bosch IO GmbH