Conditions of use for "Electronic documentation"
I. Protection rights and scope of use
The file of your choice is subject to
safeguarding provisions. Festo or
third parties have protection rights for
this electronic documentation which
Festo provides on portable data stor
age devices (diskettes, CD ROM, car
tridge discs), as well as in Internet
and/or Intranet, always referred to in
the following as electronic documen
tation". In so far as third parties have
whole or partial right of access to this
electronic documentation, Festo has
the appropriate rights of use. Festo
permits the user the use under the fol
lowing conditions:
1. Scope of use
a) The user of the electronic documen
tation is allowed to use this documen
tation for his own, exclusively com
pany−internal purposes on any
number of machines within his busi
ness premises (location). This right of
use includes exclusively the right to
save the electronic documentation on
the central processors (machines)
used at the location.
b) The electronic documentation may
be printed out on a printer at the loca
tion of the user as often as desired,
providing this printout is printed with
or kept in a safe place together with
these conditions of use and other user
instructions.
c) With the exception of the Festo
Logo, the user has the right to use pic
tures and texts from the electronic do
cumentation for creating his own ma
chine and system documentation. The
use of the Festo logo requires written
consent from Festo. The user himself
is responsible for ensuring that the
pictures and texts used match the ma
chine/system or the relevant product.
d) Further uses are permitted within
the following framework:
Copying exclusively for use within the
framework of machine and system do
cumentation from electronic docu
ments of all documented supplier
components.
Demonstrating to third parties exclus
ively under guarantee that no data
material is stored wholly or partly in
other networks or other data storage
devices or can be reproduced there.
Passing on printouts to third parties
not covered by the regulation in item
3, as well as any processing or other
use, is not permitted.
2. Copyright note
Every "Electronic document" receives
a copyright note. This note must be
included in every copy and in every
printout.
Example: © 2003, Festo AG & Co. KG,
D−73726 Esslingen, Germany
0310d
3. Transferring the authorization of
use
The user can transfer his authorization
of use in the scope of and with the li
mitations of the conditions in accord
ance with items 1 and 2 completely to
a third party. The third party must be
made explicitly aware of these condi
tions of use.
II. Exporting the electronic docu
mentation
When exporting the electronic docu
mentation, the licence holder must
observe the export regulations of the
exporting country and those of the
purchasing country.
III. Guarantee
1. Festo products are being further
developed with regard to hardware
and software. The hardware status
and, where applicable, the software
status of the product can be found on
the type plate of the product. If the
electronic documentation, in whatever
form, is not supplied with the product,
i.e. is not supplied on a data storage
device (diskette, CD ROM, cartridge
disc) as a delivery unit with the rel
evant product, Festo does not guaran
tee that the electronic documentation
corresponds to every hardware and
software status of the product. In this
case, the printed documentation from
Festo accompanying the product is
alone decisive for ensuring that the
hardware and software status of the
product matches that of the electronic
documentation.
2. The information contained in this
electronic documentation can be
amended by Festo without prior notice
and does not commit Festo in any way.
IV. Liability/limitations of liability
1. Festo provides this electronic docu
mentation in order to assist the user in
creating his machine and system do
cumentation. In the case of electronic
documentation which in the form of
portable data storage devices (disk
ettes, CD ROM, cartridge discs) does
not accompany a product, i.e. which
are not supplied together with that
product, Festo does not guarantee
that the electronic documentation
separately available / supplied
matches the product actually used by
the user. The latter applies particu
larly to extracts of the documents for
the user's own documentation.
The guarantee and liability for separ
ately available / supplied portable
data storage devices, i.e. with the ex
ception of the electronic documenta−
tion provided in Internet/Intranet, is
limited exclusively to proper duplica
tion of the software, whereby Festo
guarantees that in each case the rel
evant portable data storage device or
software contains the latest status of
the documentation. In respect of the
electronic documentation in Internet/
Intranet it is not guaranteed that this
has the same version status as the
last printed edition.
2. Furthermore, Festo cannot be held
liable for the lack of economic success
or for damage or claims by third
parties resulting from the use of the
documentation by the user, with the
exception of claims arising from in
fringement of the protection rights of
third parties concerning the use of the
electronic documentation.
3. The limitations of liability as per
paragraphs 1 and 2 do not apply if, in
cases of intent or wanton negligence
or the lack of warranted quality, liabil
ity is absolutely necessary. In such a
case, the liability of Festo is limited to
the damage recognizable by Festo
when the concrete circumstances are
made known.
VI. Safety guidelines/documentation
Guarantee and liability claims in con
formity with the regulations men
tioned above (items III. and IV) can
only be made if the user has observed
the safety guidelines of the documen
tation in conjunction with the use of
the machine and its safety guidelines.
The user himself is responsible for en
suring that the electronic documenta
tion, which is not supplied with the
product, matches the product actually
used by the user.