license.txt

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END USER LICENSE AGREEMENT FOR CANchkEDS


This software license agreement ("Agreement") is a legal agreement between 
you and your company (hereinafter "you and your company" shall be referred 
to as "You" or "Your") and Vector Informatik GmbH ("Vector").  By using the 
software program(s) and/or components included in the zip file or package, 
called CANchkEDS (the "Software"), You are agreeing to be bound by the terms of 
this Agreement.  If You do not agree to the terms of this Agreement, promptly 
deinstall and return the Software and the accompanying items (including any 
written materials, and binders or other containers) to the place you 
obtained them.  

1. GRANT OF LICENSE. 
Vector grants to You a non-exclusive license to use the Software for testing 
Electronic Data Sheets EDS (files as defined by CAN in Automation e.V. 
Interest Group CANopen) by You and Your sub-contractors.  You may include 
the Software in any OEM Product that You manufacture, assemble or sell.  
You may distribute the Software to sub-contractors for use by that 
sub-contractor for testing EDS, so long as this Agreement is included with 
any such distribution and it is ensured, that the user of the Software
accepts this Agreement.  This license confers no title or ownership in the 
Software and no rights in any associated Software source code, and will not 
be construed as a sale of any rights in the Software or the media on which 
it is recorded or printed.  

2. ADDITIONAL GRANT OF LICENSE. 
You have a royalty-free right to incorporate the Software into an 
OEM Product and to reproduce and distribute executable files using the 
Software as part of an OEM Product, provided, that You agree to indemnify, 
hold harmless, and defend Vector and its suppliers from and against any 
claims or lawsuits, including attorneys' fees, that arise or result from 
the use or distribution of such OEM Product. 

3. COPYRIGHT.  
The Software (including any images, "applets", photographs, animations, 
video, audio, music and text incorporated into the Software) is owned by 
Vector and/or its affiliates and suppliers and is protected by German 
copyright laws and international treaty provisions and other applicable 
laws. The included databases are only exemplary files. The corresponding 
official files are owned by CAN in Automation e.V. and are distributed by 
CAN in Automation e.V.

4. YOUR OBLIGATIONS.  
You shall be responsible at all times for the supervision, management and 
control of the Software and any results obtained or derived from the 
Software, including, without limitation, all responsibility for maintenance 
of proper machine configuration, audit controls, operating methods, error 
detection, security and all other activities necessary to enable You to use 
the Software. 
You are responsible for always using the latest version of the Software. This 
will ensure, that you get bugfixes by Vector for known Software errors. For 
getting the latest version, you may download it from Vector's Homepage. 
Alternatively you may register by sending an email to
  [e-mail]
with a CC to
  [e-mail]
including at least the text "Registration of CANchk". Then you will automatically 
get updates free of charge for one year.

5. OTHER RESTRICTIONS. 
You shall not reverse engineer, disassemble or decompile the Software 
without Vector's prior written consent.  Where You have other rights under 
statute, You shall provide Vector with reasonably detailed information 
regarding any intended disassembly or decompilation. You shall not decrypt 
any Software unless necessary for legitimate use of the Software.

6. TERMINATION.  Vector may terminate this license for a material breach 
of this Agreement by You.  You may terminate this license, whenever you 
want. In the event of termination of this license, You shall immediately 
return the Software to Vector, or provide Vector with satisfactory evidence 
of its destruction.  

7. REMEDIES. 
The remedies in this Agreement are Your sole and exclusive remedies. To 
the extent Vector is held legally liable to You, Vector's liability is 
limited to the amount of the payments from You to Vector for this Software.

8. INDEMNIFICATION.  
You shall indemnify and hold Vector harmless from all loss, damage, 
expense (including all costs and attorney fees incurred by Vector) or 
liability in connection with the use of the Software:  1) if the Software 
has been modified subsequent to its release by Vector unless You prove 
when reporting a defect that the modification was of no cause to the defect; 
or 2)  if Vector incurs liability to a third party as a result of or stemming from 
Your breach of this Agreement; or Your negligence, mistake or wilful 
misconduct.

9. CONFIDENTIALITY

All Software source-code shall be deemed confidential information and shall not be
disclosed to any third party unless such disclosure is required for legitimate use of 
the Software such as by sub-contractors in accordance with number 1.

10. WARRANTIES.  
To the maximum extent permitted by applicable law, Vector, its affiliates 
and its suppliers disclaim all warranties, either express or implied, 
including, but not limited to implied warranties of merchantability and 
fitness for a particular purpose, with regard to the Software, the 
accompanying written materials, and any accompanying hardware. Any warranty 
from Vector, whether granted pursuant to this agreement, or by law, shall 
be void if the Software is modified after release of the Software by Vector, unless 
You prove when reporting a defect that the modification was of no cause to the 
defect.

11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.  
VECTOR, ITS AFFILIATES AND/OR ITS SUPPLIERS SHALL NOT BE LIABLE 
FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, 
DIRECT OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF 
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS 
INFORMATION DAMAGES FOR LOSS OF DATA, OR SOFTWARE 
RESTORATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE 
USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF VECTOR HAS 
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ANY CASE, 
THE ENTIRE LIABILITY OF VECTOR, ITS AFFILIATES AND ITS SUPPLIERS', 
UNDER ANY PROVISION OF THIS AGREEMENT, SHALL BE LIMITED TO THE 
AMOUNT OF THE PAYMENTS MADE BY LICENSEE TO VECTOR FOR THIS 
SOFTWARE. YOU MAY CLAIM FOR HIGHER LIABILITY OF VECTOR, BUT 
MUST THEN PAY A THIRD CHARGE FOR THE AGGRAVATED RISK. 

12. SEVERABILITY. 
IF ANY TERM OR PROVISION OF THIS AGREEMENT IS HELD TO BE ILLEGAL 
OR UNENFORCEABLE, THE VALIDITY OR ENFORCEABILITY OF THE 
REMAINDER OF THIS AGREEMENT SHALL NOT BE AFFECTED.

13. CHOICE OF LAW.  
This Agreement is governed by the laws of Germany. This Contract shall conform
 with and be governed by the laws of the Federal Republic of Germany. The United
 Nations Convention on Contracts for the International Sale of Goods (which has
 been incorporated in German Law) shall not apply to foreign clients.