Effective October 2017
1.1 This licence agreement applies solely to software applications (“apps”) offered by Festo SE & Co. KG, Esslingen, Germany (“Festo”) via Festo App World or other channels.
1.2 Festo offers apps for the following purposes: (i) product-specific apps linked to a particular Festo product (“designated product”) which are used to control or expand the function range of that product (“Motion Apps”), (ii) apps that expand the functionality of existing software products such as CAD programs (“add-on apps”) and (iii) other apps that the customer can use on the terminal named in the description of a particular product. Motion Apps come pre-installed on the designated product or can be installed by means of a firmware update. In cases where Motion Apps are not already enabled, the customer can acquire a personal licence key in Festo App World with which to enable them, by entering the corresponding Product Key.
1.3 Apps and their user documentation are protected by copyright. Unless otherwise stated in the app or the user documentation, all rights to the software and the user documentation are reserved by Festo. In cases where components or modules from other software manufacturers are included in the app (“third-party software”), especially open source software components, the licence agreements relevant in each case shall apply, as stated by Festo in the app and/or the program documentation.
1.4 The customer receives apps solely in object code format together with the corresponding user documentation. Except as provided in the second sentence of clause 2.4, the customer has no entitlement to receive a copy of the source code or the development documentation.
1.5 By using an app, the customer or user agrees to be bound by this licence agreement with Festo. This licence agreement also applies to improved versions (updates) and expansions (upgrades) of the apps which the customer may acquire at a later point in time, unless differing agreements are made upon acquisition of the update or upgrade in question.
2.1 The licence grants a worldwide non-exclusive right to use the app and the corresponding documentation in the manner described below, which is unlimited in time (subject to clause 3.1) and transferable only to the extent specified in clause 2.6.
2.2 The licence authorises the customer to use the app to the extent specified in the applicable product description. No other use is permitted. Use in the sense of this provision includes loading, displaying, running, transmitting and saving the app for the purposes of executing it and processing data.
2.3 The customer is authorised to make a backup copy of the app, any licence files and the corresponding user documentation on a separate data storage device. This backup copy must be labelled with the original labelling from Festo (including the copyright mark). Use of the backup copy is only permitted in the case of deterioration or destruction of the app originally acquired by the customer. The customer's use of the backup copy is likewise subject to this licence agreement. Moreover, the customer is not authorised to make or use any further copies of the app and/or user documentation or parts thereof without the approval of Festo.
2.4 Without prior written approval from Festo, the customer is not authorised to edit, modify or otherwise alter the app, to decompile it, to remove, bypass or modify any copy protection mechanisms, program elements used for digital rights management (DRM), security codes or the features used to identify the software including the product or licence key (see also clause 1.2), or to remove any information contained in the app or the user documentation concerning authorship, copyright, patent rights or other property rights of Festo. The regulations of section 69 d para. 3 and section 69 e of the German Copyright Act (UrhG) apply notwithstanding.
2.5 Festo is authorised to use technical means to ensure compliance with the preceding provisions, in particular the restrictions that apply to the use of each app and, in the case of violations, to make use of technical measures up to and including disabling the program in order to ensure compliance with these provisions. Passing on the app or the individual product or licence key to unauthorised third parties is not permitted except in cases of permissible transfer in accordance with clause 2.6.
2.6 The customer is authorised to transfer the app together with the licence permanently to a subsequent user in accordance with this licence agreement. Motion Apps can only be transferred in conjunction with the designated product. This transfer may only take effect provided the customer does not retain any copies of the app and refrains permanently from any further use of that app. The rules in clause 3.3 apply accordingly, with the proviso that the customer is authorised and obliged to transfer the app, the user documentation and a copy of this licence agreement to the subsequent user. The right of subsequent use does not commence until Festo receives a transfer confirmation signed by the customer and the subsequent user stating in full the company name respectively firm of the subsequent user and that user's business address. In the transfer confirmation, the subsequent user must accept this licence agreement, and the customer must give assurance that any copies of the app and the corresponding user documentation in the customer's possession, including the backup copy created by the customer if it has not been transferred to the subsequent user, have been deleted or otherwise made unusable.
2.7 Furthermore, the customer is not authorised to use the app in any other way or for other purposes than what is described in this section 2 of this agreement or to make the app available for use by third parties in whole or in part, temporarily or permanently.