Date: August 2018
1.1 This licence agreement applies solely to the provided rights to use for software applications (“apps”) offered by Festo SE & Co. KG, Esslingen, Germany (“Festo”) on 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.
3.1 Insofar as the customer permanently purchases the app according to the product description, the licence is granted indefinitely, i.e., without a time limitation. If the app is provided to the customer only for a limited period of time with a recurrent licensing fee, the use is limited to the duration listed in the product description. Insofar as the app does not have a fixed term according to the product description or if the term has extended automatically and nothing conflicting can be found in the product description, the customer can terminate the app at any time for the end of the respective term with a term of three months to the end of the month on Festo App World.
3.2 In the case of pre-installed Motion Apps that are enabled as standard features or already enabled upon delivery, the licence commences upon acquisition of the designated product; in the case of Motion Apps that are pre-installed but not enabled as standard features, the licence commences when the app is enabled using the licence key acquired in the app store for that purpose; and in the case of other apps, the licence commences with the acquisition of the app in App World.
3.3 In the case of a culpable breach of the provisions of this licence agreement, in particular the provisions in section 2, Festo is entitled, after a prior warning, to immediate termination for good cause of the licence for the app affected by the breach, unless the breach and its consequences were only immaterial. Festo reserves the right to assert claims for damages.
3.4 Upon receipt of the termination of the licence in accordance with clause 3.3 or with the expiration of the agreed term according to clause 3.1, the customer's right to use the app affected by the termination is extinguished. The customer is obliged to permanently uninstall that app. If uninstallation is not possible for technical reasons, the customer is obliged to permanently deactivate the app in question. The customer must destroy any backup copies made of the app in question and the corresponding user documentation. The customer must furnish Festo with written confirmation of this complete uninstallation or deactivation and destruction and must provide suitable proof if requested to do so by Festo.
3.5 Termination of the licence by Festo or the customer is otherwise not possible.
4.1 The fees for the licence can be found in the respectively valid price list of Festo or on Festo App World.
4.2 The fees are not recoverable in the case of a termination of the licence for good cause in accordance with clause 3.2. Insofar as the fees paid exceed the value of the use enjoyed up to the time of termination, they should be credited against any claim for damages asserted by Festo.
5.1 The customer must treat with confidentiality any information gained about the app that goes beyond the generally known functions and representations. This applies in particular to confidential information concerning the programming methods and techniques used including the source code and any confidential materials and documents belonging to Festo concerning the app which become accessible to the customer.
5.2 The customer is obliged to ensure the confidentiality specified in clause 5.1, and in particular to take suitable technical measures to prevent unauthorised access to the app and the user documentation by third parties, for example by assigning passwords.
5.3 The backup copy of the app and user documentation made by the customer in accordance with clause 2.3 must be stored by the customer in a location protected from unauthorised access by third parties, and the customer must explicitly draw its employees' attention to compliance with the duties of secrecy and care agreed in this section 5.
5.4 All other agreements may between the customer and Festo regarding confidentiality apply notwithstanding.
6.1 This licence agreement is governed by the law of the Federal Republic of Germany to the exclusion of the principles of conflict of laws.
6.2 All disputes arising from or in connection with this licence agreement shall fall within the sole jurisdiction of the courts at the location where Festo has its registered office. Festo is, however, entitled to take legal action against the customer at the latter's general place of jurisdiction or before any other competent court.
6.3 The app is subject to the export control laws of various countries, in particular the laws, regulations and directives of the Federal Republic of Germany, the EU and the United States of America. The customer undertakes not to submit the app to a regulatory body for examination of the possible granting of rights of use or any other official approval without prior written agreement from Festo, and not to export it to countries or to natural persons or legal entities that are subject to export bans under the applicable export control laws, regulations or directives. Furthermore, the customer/user is responsible for compliance with all legal regulations relating to use of the app in the country where the customer/user is using the app.