Evaluation License Agreement for Machine@Hand

(1) The subject matter of this contract is the acquisition of a non-exclusive, non-transferable, non-sublicensable, temporarily, locally and contentwise restricted evaluation license for the software Machine@Hand, hereafter referred to as SOFTWARE.

(2) Following the acceptance of the license terms the SOFTWARE will be provided to the licensee in Object Code via download.

(3) For the duration of the agreement, Fraunhofer grants to the licensee solely the right to use the SOFTWARE exclusively for proper internal evaluation at the production site of the licensee. The SOFTWARE is only to be used in an unmodified manner. The licensee is not allowed to modify, extend or copy the SOFTWARE or to use it in combination with other software in a way that the other software’s license terms – e.g. open source terms – become applicable to the SOFTWARE.

(4) Any modification, e.g. by decompilation and disassembling, or other measures of reverse engineering with regard to the SOFTWARE are prohibited.

(5) Any use for commercial, production or consulting purposes or for third party purposes is explicitly excluded. The licensee is obliged to save the SOFTWARE in a secure way and to protect it against third party access.

(6) Any use of the SOFTWARE other than described under point (3) will in case of non- compliance be prosecuted with, among other things, prohibitory injunctions and damages claims.

(7) Any transfer of the SOFTWARE to or use by third parties is prohibited.

(8) The evaluation license described in this agreement is granted free of charge and only for a period of 30 days.

(9) The licensee will not make the SOFTWARE, its designation as well as any information of technical or business nature defined by Fraunhofer as confidential (hereafter collectively referred to as information) accessible to third parties as long and as far as

• these information have not become commonly known in another way
• these information have not become familiar to the licensee prior to the notification or afterwards are given to him via a third party without being committed to secrecy by this third party
• these information have not been or will not be developed by the license independently from the notification, or
• Fraunhofer has not renounced confidential handling in a written manner

(10) Fraunhofer declares that it has no knowledge of any facts affecting the legal validity of the licensing. However, no liability is assumed in cases when the use of the SOFTWARE according to this agreement affects property rights or copyrights of third parties or causes damage with the licensee.

(11) Fraunhofer does not guarantee for the SOFTWARE provided to the licensee to be correct, free of errors, complete or appropriate for the licensee’s purposes. Any compensation claims are thus excluded.

(12) Fraunhofer does not take over any maintenance duties.

(13) As the SOFTWARE is a prototype and the license is granted free of charge, any kind of liability by Fraunhofer for damages in combination with the use of the SOFTWARE is excluded. This is especially valid in the case of consequential damages such as the loss of data, malfunctions or lost profits.

The limitations of liability named above are not valid in the case of intent.