Terms & Conditions - EBV
These terms and conditions set out below (hereinafter referred to as ‘terms’) shall apply to any and all agreements by EBV Elektronik GmbH & Co. KG, Im Technologiepark 2 - 8, 85586 Poing, Germany (hereinafter referred to as ‘EBV’) with its Customers concerning the use of its Products or Services, in particular the authorization to download the “Evaluation Board” software owned by InnoSent.
These terms apply exclusively and shall prevail over any other general terms and conditions of the Customer without any reservations even if the same has been communicated to EBV except where EBV has approved in writing.
EBV reserves the right to change, modify, amend, update these terms at any time. Changes will be notified in writing. If the Customer does not object to the notified changes within a reasonable Objection period of one week, the notified changes are considered to be accepted unequivocally by the Customer. Objections, notifications and other notices by the Customer shall be sent to the address at the end of Terms.
SUBJECT MATTER OF THE AGREEMENT
The subject matter of this agreement which is concluded subject to these terms between you (hereinafter referred to as the ‘Customer’) and EBV shall be the Customer’s right to download the “Evaluation Board” Software owned by InnoSent in accordance with these terms.
LIMITATION OF USE
The “Evaluation Board” Software that is made available to download from this website is the copyrighted work of InnoSent. Use of the Software is governed by the terms of the end user license agreement, which accompanies or is included with the Software ("License Agreement"). A Customer will be unable to install the Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for downloading solely for test purposes and shall not be used in and/or for the development in special risks areas that require error-free, permanent operation of relevant systems and in which the failure of the Products may result in a direct risk to life, body or health or in substantial damages to property or the environment (high risk activities, high loss activities and high availability activities, including but not limited to the operation of nuclear facilities, weapons systems, aviation navigation or communication systems, life support systems and equipment, machine and production processes of pharmaceuticals, food production, etc.).
EBV does not warrant that the Software is fit for the use, especially not in special risk and/or for these special risk areas. Customers using or selling products for use in such applications do so at their own risk and agree to fully indemnify EBV for any damages resulting here from. The information and/or content are only for information purposes but without any warranty or guarantee of accuracy and EBV herewith excludes any liability as permitted by law. Moreover Customers shall not use them in a production environment.