Please consider that this is the Trail License of EnOcean Link. The usage and features are limited. You accepted the License Agreement by downloading this package. Please see License agreement here:
[INSTALATION PATH]\EOLink\LICENSE
Test release restrictions - All features like final besides:
- Only selected profiles
- F6-02-XX, F6-03-XX, F6-04-XX, F6-10-XX
- D5-00-XX
- A5-02-XX, A5-04-XX, A5-06-XX, A5-07-XX, A5-10-XX, A5-12-XX
- No remote management support
- No security support
- No Generic Profiles support
Main purpouse of Trail Package is to show the dependencies and constrains of EnOcean Link. You can also build any kind of demonstrator which will provide you deep understanding how EnOcean Link works. The interfaces are same as on the full version.
The current Licensee Agreement for the Trial License is as following:
License Terms EnOcean Link Trial Version
THIS SOFTWARE PRODUCT OFFERED FOR DOWNLOAD INCLUDING SOURCE CODE AND PERTAINING DOCUMENTATION EMBODIED THEREIN ("LICENSED SOFTWARE") IS PROPRIETARY TO ENOCEAN GMBH, OBERHACHING, GERMANY ("ENOCEAN") AND IS PROTECTED BY COPYRIGHT AND INTERNATIONAL TREATIES OR PROTECTED AS TRADE SECRET OR AS OTHER INTELLECTUAL PROPERTY RIGHT. ALL RIGHTS, TITLE AND INTEREST IN AND TO THE SOFTWARE, INCLUDING ANY COPYRIGHT, TRADE SECRET OR ANY OTHER INTELLECTUAL PROPERTY EMBODIED IN THE SOFTWARE, AND ANY RIGHTS TO REPRODUCE, DISTRIBUTE, MODIFY, DISPLAY OR OTHERWISE USE THE SOFTWARE SHALL EXCLUSIVELY VEST IN ENOCEAN. ANY USE OF THE LICENSED SOFTWARE BY THE PERSON OR ORGANIZATION WHICH DOWNLOADED THE LICENSED SOFTWARE ("YOU" OR "USER" OR LICENSEE" AS THE CASE MAY BE) SHALL BE SUBJECT TO THE FOLLOWING LICENSE TERMS AND BY DOWNLOADING AND/OR USING THE LICENSED SOFTWARE YOU ACKNOWLEDGE TO BE BOUND BY THESE TERMS:
- License Grant 1.1 EnOcean hereby grants to Licensee a non-exclusive, non-transferable license to use the Licensed Software for Licensee’s internal demonstration, testing and evaluation purposes in connection with Licensee's system which shall be used for testing and evaluating the Licensed Software ("Reference Environment"). 1.2 The use of the Licensed Software shall be exclusively limited for demonstrating, testing and evaluating the Licensed Software and shall within such scope include the right to modify the Licensed Software and/or the source code, provided, however, that Licensee shall not be entitled (i) to use or integrate the Licensed Software and/or resulting modifications in its products or (ii) to sub-license, reproduce or distribute the Licensed Software. Licensee shall not decompile or reverse-engineer the Licensed Software or any parts thereof. 1.3 The Licensed Software may contain freeware, shareware or open source software. No license fee is charged to Licensee for the use of such freeware, shareware or open source software. Regarding such portions of Licensed Software, the Licensee hereby accepts the specific license conditions ("Open Source Conditions"). To the extent there is a conflict between these Terms and the Open Source Conditions, the terms of the Open Source Conditions shall prevail over the terms and conditions of these Terms with regard to the open source software.
- Copyright, Trademarks, Title 2.1 All rights, title and interest in and to the Licensed Software (and any part thereof) other than the rights to use expressly granted in Clause 2, shall remain wholly vested in EnOcean or its third party licensors. Licensee acknowledges that it has no rights whatsoever in respect of the Licensed Software save for the rights to use expressly granted in Clause 1. 2.2 Any and all rights, title and interest in any derivative works created by or any other intellectual property right arising in connection with Licensee modifying the Licensed Software, including trade secrets and know-how shall be exclusively owned by EnOcean and EnOcean shall be entitled to seek or apply for statutory protection in its sole discretion.
- Exclusion of Warranty Licensee acknowledges and agrees that EnOcean provides no warranties and shall have no liability towards Licensee whatsoever in respect of Licensee's possession and/or use of the Licensed Software, including freeware, shareware or open source software. In particular, Licensee acknowledges and accepts that the Licensed Software, including source code and documentation may not be error free.
- Limitation of Liability 4.1 EnOcean shall be liable for damages only to the extent proximately caused by EnOcean's negligence or willful acts or omissions, except where such liability is mandatory under applicable law. 4.2 EnOcean shall in no event be liable to nor indemnify Licensee for loss of contracts, loss of business, loss of data (including but not limited to any and all costs for retrieving and restoring lost data), loss of interest, for lost profits or business interruption or any indirect or consequential damages, irrespective of the cause of action or the legal theory upon which such claim is based. 4.3 The limitation of liability set forth in this Clause 4 shall not apply in case of personal injury and death, fraud and intentional acts or omissions.
- Intellectual Property Infringement If any claim, suit, action or proceeding is brought against Licensee by a third party to the extent it is based on any infringement of intellectual property rights, such as but not limited to patents utility models, design patents, copyrights or mask work rights owned by third parties, by the use of the Licensed Software explicitly authorized under these Terms ("Claims"), and if, as a result of such a Claim, Licensee becomes enjoined or it is likely, in EnOcean' opinion, that Licensee will become enjoined from using the Licensed Software, Licensee shall immediately stop using the Licensed Software.
- Term and Termination 6.1 These Terms and the license granted in Clause 1 shall take effect upon the first download and shall terminate 24 months thereafter. 6.2 The license granted in Clause 1 may be terminated by EnOcean at any time upon written notice with a notice period of two weeks.
- Export Regulations 7.1 Licensee shall comply with all export laws applicable to the Licensed Software and/or the Software Documentation in effect from time to time. Without limiting the generality of the foregoing, Licensee expressly warrants that it will not directly or indirectly export, re-export, or transship the Licensed Software in violation of any applicable export laws, rules or regulations.
- Miscellaneous 8.1 Venue (Gerichtsstand) for any and all disputes arising out of or in connection with these Terms and its consummation shall be the high court Munich I (Landgericht München I) and each Party submits to the exclusive jurisdiction of said court and agrees that venue shall lie exclusively with such court to the extent legally permissible. 8.2 These Terms shall be construed in accordance with and governed by the laws of the Federal Republic of Germany without regard to its conflict of laws principles. 8.3 Unless otherwise explicitly set forth in these Terms, no delay or omission of the Parties in exercising any right, power, or privilege under these Terms shall impair or shall be construed as a waiver of any such right, power or privilege, nor shall any partial exercise of such right, power or privilege preclude any further exercise of such right, power or privilege or the exercise of any other right, power or privilege. 8.4 The partial or entire invalidity, illegality or unenforceability of any provision of these Terms shall not affect the validity, legality or enforceability of the remaining part or any other provision. The invalid or unenforceable provision shall be replaced by a provision which, in so far as it is legally permissible, reflects the actual intentions of the Parties as closely as possible or, considering the meaning and purpose of the Agreement or of the invalid or unenforceable provision, the presumptive intentions of the Parties had they considered the point at the time of concluding these Terms. The foregoing shall also apply to the extent that these Terms do not completely regulate any question that may arise with respect to its subject matter or otherwise contains any gap (Regelungslücke).