Charges Product Registr. and Certificat.
Description:
This guideline documents the charges that are to be paid by the companies that apply for an Vendor ID as well as product related IDs or certificates.
Charges for Product Registration and Certification
Disclaimer / License:
License for supply of Specifications
Licensee acquires this license solely from PROFIBUS Nutzerorganisation e.V., having its principal place of business in Karlsruhe, Germany (hereinafter referred to as “Licensor”).
1. Specifications
1.1 Subject of this license agreement is each technical specification and guideline issued by the Licensor, in electronic form (hereinafter referred to as “SPECIFICATION”). Software is provided in object code only.
1.2 The SPECIFICATION distributed hereby has been developed by members of the Licensor. Licensor hereby notifies Licensee that the SPECIFICATION is not an industrial standard acknowledged by any standardization body or otherwise and may be further enhanced.
2. Rights and Duties of Licensee
2.1 Licensor hereby grants to Licensee the right to use the SPECIFICATION exclusively for developing and supporting products compliant with the SPECIFICATION. Licensee may copy the SPECIFICATION for this purpose and for data backup purposes.
2.2 Licensee shall not be entitled to modify, decompile, reverse engineer or extract any individual parts of the SPECIFICATION, unless this is permitted by mandatory copyright law. Furthermore, Licensee shall not be entitled to remove any alphanumeric identifiers, trademarks or copyright notices from the SPECIFICATION and, insofar as Licensee is entitled to make copies of the SPECIFICATION, Licensee shall copy them without alteration.
2.3 Licensee is not entitled to copy or redistribute the SPECIFICATION to any third party, including any affiliated company of Licensee, except, in each case, to the extent necessary for “Have Made” purposes. For the avoidance of doubt, and except for copies redistributed for "Have Made" purposes as permitted above, any copy of the SPECIFICATION must be obtained on an individual basis, directly from the website www.profibus.com or upon request from the Licensor.
2.4. Licensee agrees to comply with all applicable export control, trade, and sanctions regulations as well as embargo regulations of the European Union, the United States of America, and other relevant jurisdictions (“Export Control Regulations”). This applies in particular to the applicable Export Control Regulations relating to Russia and Belarus and with natural or legal persons associated with Russia and Belarus. Should Licensor become aware of any violation of Export Control Regulations with respect to the use of the SPECIFICATION, PNO reserves the right to terminate this Agreement without notice and claim damages.
3. Liability of Licensor
3.1 Licensor shall have no obligation to enhance the SPECIFICATION and shall assume no liability in case the SPECIFICATION or future versions thereof shall not be approved as an industrial standard.
3.2 Licensor’s liability for defects as to quality or title of the SPECIFICATION, especially in relation to the correctness or absence of defects or the absence of claims or third-party rights or in relation to completeness, usability and/or fitness for purpose are excluded, except for cases involving gross negligence, willful misconduct or fraudulent concealment of a defect.
3.3 Any further liability is excluded unless required by law, e.g. in cases of personal injury or death, willful misconduct, gross negligence, or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations are limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.
4. Place of Jurisdiction and Applicable Law
4.1 The sole place of jurisdiction shall be the principal place of business of Licensor.
4.2 All relations arising out of the contract shall be governed by the substantive law of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
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