Tuner4TRONIC End User License Agreement

License Conditions

Software End User License Agreement (“EULA”)
This is a License Agreement between you as the end user and OSRAM GmbH, Marcel-Breuer-Str. 6, 80807 Munich, Germany ("OSRAM”).

By accepting this EULA, you are bound to the terms set forth herein.

Preamble
OSRAM provides you with the Tuner4Tronic software, a software tool provided in executable format (“Software”) and related documentation (“Documentation”).

A computer program is a complex product and can contain errors. We strive to eliminate them as far as possible, but cannot guarantee for it to be functional, correct or usable. You as a user are solely responsible to regularly save your work and data and verify whether the results of any calculations provided by or in the Software and/or the Documentation are correct.

Pricing
The Software and the Documentation are provided free of charge. Nevertheless, there are additional fee-based features inside the Software provided as paid features. Paid features are marked as such in the Software. To activate the paid features a license has to be purchased and entered into the Software.

Minimum subscription term: 12 months. Tuner4TRONIC subscriptions automatically renew unless the subscription is cancelled at least 1 month before the subscription period ends. Your OSRAM account will be charged for renewal (using your selected subscription price) starting the new subscription period. You can cancel your subscription by sending an email to Technical-Support-DS-EMEA@gss.osram.com

OSRAM reserves the rights to terminate the subscription at any time during the subscription period by giving notice via email to the customer stating when the termination shall be effective (not less than 30 days after the notice).

I. License Grant and License Restrictions
You are hereby granted the non-exclusive, non-transferrable, worldwide right to install and use or have used the Software on any computer for the purpose of generating configuration commands, load them onto OSRAM driver products and distribute, sell or otherwise dispose of these products. To use it for the purpose stipulated above, you are entitled to copy the Software to install it on several computers.

You receive no other rights than those explicitly granted herein.

You may not distribute, rent or otherwise make available the Software and/or the Documentation, in modified or unmodified form, or any part thereof to any third party. Unless explicitly allowed by applicable mandatory law, you are not entitled to disassemble, reverse engineer, decompile and/or modify the Software or any part thereof.

II. Intellectual Property
The Software and the Documentation, including all content, information, photographs, illustrations, graphics, names and logos contained therein, if any, are the property of OSRAM GmbH and/or its licensors and are protected by copyright and trademark laws and other intellectual property rights. The Software, the Documentation, related manuals and other written materials accompanying the Software and the Documentation must not be copied without prior written consent from OSRAM.

The word and device trademark OSRAM, other product trademarks, illustrations and logos identify OSRAM products and are the property of OSRAM.

Other than explicitly stated herein, nothing contained in the above shall be construed as granting, by implication or otherwise, any license or right to use any patent, trademark or any other intellectual property right of OSRAM GmbH, nor does it grant any license or rights to use any copyrights or other rights related to the materials described above except as explicitly stated.

III. Hyperlinks
The software may contain hyperlinks to web pages or similar links. While OSRAM will carefully inspect the linked pages when creating the reference, it can by no means make sure that their content will be as expected on time of visit. Therefore, we cannot take any responsibility for the contents of the referred pages.

IV. Warranty
OSRAM warrants that (i) the Software will substantially provide the key functions described in the Documentation, meet the acknowledged state of the art and will be free of defects deteriorating or decreasing the value or the fitness for the use in accordance with Section I above and (ii) the Documentation will be up to date, complete and free from errors.

The warranty period is twelve (12) months and begins upon delivery of the Software and Documentation (“Warranty Period”).

In the event that a copy of the Software or the Documentation fails to meet the above warranties (“Defect”), OSRAM will either correct the respective copy or deliver an update remedying such Defect during the Warranty Period.

V. Viruses
While OSRAM will implement utmost care to prevent any destructive or otherwise harmful programs from becoming part of the Software, OSRAM cannot assure the safety of the Software. It is your responsibility to take all necessary preventive measures and actions.

VI. Liability
In cases of intent or gross negligence – irrespective of the legal cause – OSRAM is liable to the extent required by applicable law.

In all cases of (i) physical injury and hazards to life or health and claims based on stipulations of product liability legislation and/or (ii) failure to meet guaranteed characteristics or fraudulent concealment of a defect, OSRAM is liable as required by applicable law.

Should OSRAM negligently breach an essential or cardinal obligation, OSRAM’s liability is limited to the amount of the typically arising and foreseeable damages. The same applies should you be entitled to compensation for damages instead of compensation for goods or services.

In all other cases than those stipulated above, claims for damages against OSRAM shall be excluded.

THE Tuner4TRONIC SOFTWARE WAS GENERATED AND IS PROVIDED FOR THE PURPOSE OF GENERATING CONFIGURATIONS (LIST OF COMMANDS) FOR PROGRAMMABLE OSRAM PRODUCTS AND THEREUPON LOADING IT ONTO PROGRAMMABLE OSRAM PRODUCTS. AS THE Tuner4TRONIC SOFTWARE CANNOT VERIFY THE CORRECTNESS OF YOUR CONFIGURATIONS FOR THE INTENDED APPLICATION (E. G. LIGHTING FIXTURE), YOU HAVE TO BE AWARE OF THE RISK THAT CERTAIN CONFIGURATIONS MIGHT NOT BE SUITABLE FOR CERTAIN APPLICATIONS CONNECTED TO THE PROGRAMMABLE OSRAM PRODUCT BUT MIGHT LEAD TO A PERMANENT DAMAGE OR CHANGE OF PERFORMANCE OF THE OVERALL SYSTEM.

CONSEQUENTLY, BEFORE ADAPTING THE CONFIGURATION OF PROGRAMMABLE OSARM PRODUCTS IN ANY WAY, ALWAYS READ THE RELATED TECHNICAL DOCUMENATION AND APPLICATION GUIDE AND ALWAYS ALSO READ THE TECHNICAL DOCUMENTATION OF THE APPLICATION (E. G. LIGHTING FIXTURE) INTENDED TO BE USED WITH THE PROGRAMMABLE OSRAM PRODUCT.

AT ANY RATE, DO NOT USE THE Tuner4TRONIC SOFTWARE TO ADAPT THE CONFIGURATION OF A SYSTEM COMPRISING A PROGRAMMABLE OSRAM PRODUCT UNLESS YOU HAVE ENSURED YOU ARE COMPLETELY AWARE OF THE CONSEQUENCES OF SUCH ADAPTATION.

As far as features of the Tuner4TRONIC-Tool are used to readout data of LED drivers, the provided data has the usual limitations regarding accuracy and reliability due to technical reasons based on the current state of art and technology and is only meant as clue and aid for diagnostic purposes. Therefore OSRAM shall not be liable for the accuracy and reliability of the provided results including any incorrect data or their incorrect technical interpretation due to the current state of technology.

VII. Export Controls
The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorisation. You are obliged to strictly conform to the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. When providing

Software and Documentation, OSRAM will label such information, software and documentation requiring authorisation in accordance with German and EU export control lists and the U.S. Commerce Control List.

VIII. Miscellaneous
The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).

These Terms of Use shall be governed by German law. The application of the German Uniform Code on the Formation of Contracts for the International Sale of Movable Goods of 17 July 1973 and the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

In case of further questions, please contact: Technical-Support-DS-EMEA@gss.osram.com