Conformance Test Tool (CTT)
Copyright © 2001-2021 EuroDCS GmbH
All Rights Reserved
*** LICENSE AGREEMENT ***
This license applies to the registered version of the Conformance Test Tool.
You should carefully read the following terms and conditions before using this software. Unless you explicitly have a different license agreement signed by EuroDCS GmbH, your use of this software indicates your acceptance of this license agreement and the terms and conditions contained therein.
- DEFINITIONS
Within this document and the relationship thereby established, the following terms shall be understood to have the following meanings:
0.1. “Executable Form”
Means any form of the SOFTWARE other than the Source Code Form
0.2. “License”
means this document.
0.3. “Source Code Form”
means the form of the SOFTWARE preferred for making modifications.
0.4. “You” (or “Your”)
means an individual or a legal entity exercising rights under this License. For legal entities, “You” includes any entity that controls, is controlled by, or is under common control with You. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
0.5. “SOFTWARE”
means the Conformance Test Tool (CTT) and all accompanying documentation, regardless of form or mode of storage it may be in.
0.6. “Propagation”
means to do anything with the SOFTWARE that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer. Propagation includes copying, distribution, making available to the public, and in some countries other activities as well, depending on the applicable copyright law.
0.7. “Defect”
A defect in the meaning of this License shall be assumed only when the SOFTWARE fails to meet the EuroDCS specifications, and its usability / functionality is measurably impacted by this to a non-negligible degree.
0.8. “DLMS”
means the “Device Language Message Specification User Association”, which is a non-profit organization that develops, maintains, supports and promotes the DLMS/COSEM specification for data exchange for smart metering, smart energy management and related fields. DLMS is an association under Swiss law, registered in Switzerland.
- LICENCE RIGHTS
Or what the license allows you to do:
1.1. Perpetual use
The Licence for the registered version gives you the perpetual right of usage for the SOFTWARE. Said right will not expire due to lapse of time.
The unregistered version may be used only for try-out purposes for a limited amount of time (unless otherwise agreed, 14 days), or for demonstration purposes. No productive use of any kind is allowed for the unregistered version.
1.2. Number of simultaneous uses
Licence keys and licence files protect the registered copies of the SOFTWARE. The License allows you to run (or cause to be run) the Executable Form of the SOFTWARE in any ONE instance on any ONE computer per License issued. The licence
key allows the SOFTWARE to run on ONE computer, the SOFTWARE can be used either by a single person or, non-simultaneously, by multiple people.
In other words, multiple users may use the SOFTWARE ON THE SAME COMPUTER consecutively. In case of simultaneous use by more than one person, a Licence for each instance of the SOFTWARE being utilized at the same time will be required. If
installed on more than one computer, each instance will need to have both its own licence key and its own licence file, and, accordingly, its own Licence. It matters not on what kind of hardware the SOFTWARE is run, i.e. the number of kernels in the CPU is of no interest.
1.3. Transfer of the Licence
You may transfer the Licence ONLY inside your organization or to other members of DLMS in good standing. However,
(i) You must inform EuroDCS of such a transfer in in writing or via E-Mail, naming the new Licence holder, in due time; and
(ii) You must transfer this Licence along with the SOFTWARE, and must ensure that the new licensee knows of, and accepts, to use the SOFTWARE only in accordance with the terms and conditions of this Licence. It is not permitted to transfer the SOFTWARE under any other terms and conditions unless a prior written agreement with EuroDCS has been achieved.
(iii) You must provide a suitable proof, such as for example a sworn affidavit or similar, that, at the latest upon the passing of the licence to the new licensee, You have permanently reduced the number of copies of the SOFTWARE remaining with you to correspond with the number of licences remaining available to You, and will take appropriate measures to ensure that at no time will the number of instances of the SOFTWARE being run simultaneously exceed this number of licences.
(iv) You must properly follow the documented technical procedure of licence re-hosting, any mistakes that could corrupt the licence are at Your risk. EuroDCS has the right to, from time to time, perform reasonable audits of the license and software usage.
- PROHIBITIONS
Or what you are not allowed to do
2.1. EXPLICITLY NOT INCLUDED IN THE RIGHTS OF USE ARE:
a) Installation and use of software product exceeding the acquired number of licenses (specifically, but not limited to, the number of users).
b) Reproduction and copying of the software beyond making ONE security backup copy.
c) Renting, leasing, lending or otherwise making available to third parties the SOFTWARE.
d) Reverse engineering, decompiling or otherwise disassembling the SOFTWARE, regardless of motivation, unless the cases of § 69e UrhG apply.
e) Any other use not explicitly permitted in this Licence.
2.2. You are specifically prohibited from propagating the SOFTWARE and/or documentation, be it alone or with other products (commercial or otherwise) without prior written permission from EuroDCS. For the avoidance of doubt, passing along of the SOFTWARE in conjunction with the passing along of the licence is not considered “propagation” for the purpose of this clause.
2.3. You are specifically prohibited from altering this Licence, or from passing the SOFTWARE to other Parties under any other terms than those in this Licence. You may not remove or alter the substance of any license notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the SOFTWARE.
2.4. You are specifically prohibited from altering the documentation provided byEuroDCS in any way.
2.5. For the avoidance of doubt, this is NOT freeware or Open Source Software. The SOFTWARE remains the sole property of EuroDCS GmbH.
2.6. This License does not grant any rights in the trademarks, service marks, or logos of EuroDCS (except as may be necessary to comply with the notice requirements in Section 2.3)
2.7. This License is not intended to limit any rights You have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.
- TERMS AND CONDITIONS
3.1. WARRANTY
This SOFTWARE is covered by a warranty of 12 months, starting from the date of the invoice from EuroDCS. Despite best efforts, it is not possible to create totally error-free software.
A defect in the meaning of this License shall be assumed only when the SOFTWARE fails to meet the EuroDCS specifications, and its usability / functionality is measurably impacted by this to a non-negligible degree.
In such cases, the licensee may, if the license was obtained from EuroDCS and the warranty period has not yet expired, request from EuroDCS the making good of the defect encountered. Such making good shall occur in a timely manner in a way of EuroDCS’ choosing. A workaround is an acceptable form of rectification of a defect.
3.2. Disclaimer of Warranties
The SOFTWARE contains only such functionality and features as declared by EuroDCS in the documentation to which the specific software version refers. This SOFTWARE and the accompanying files are sold “AS IS” and without warranties as to performance or merchantability or any other warranties whether statutory, expressed or implied. Because of the various hardware and software environments into which the SOFTWARE may be deployed, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. The entire risk as to the quality and performance of the SOFTWARE is with You. Should the SOFTWARE prove defective in any respect, the warranty conditions of this Licence (3.1. above) shall apply, beyond which You must assume the cost of any necessary servicing, repair, or correction. This disclaimer of warranty constitutes an essential part of this License. No use of the SOFTWARE is authorized under this License except under this disclaimer.
3.3. Limitation of Liability
3.3.1. Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall EuroDCS be liable to You for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages.
3.3.2. Any non-standard operating parameters may lead to loss of data. EuroDCS will not be liable for any loss or corruption of data or any consequential damages, which may arise therefrom. In case of loss of, or damage to, data storage media, any liability for recreating or re-obtaining any lost data, including any software not obtained from EuroDCS, is expressly ruled out.
3.3.3. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the SOFTWARE, as EuroDCS as no control over the conditions and parameters under which the SOFTWARE will be deployed.
3.3.4. ANY REMAINING LIABILITY OF EuroDCS IS EXPRESSLY LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF THE PURCHASE PRICE. 3.3.5. This above limitation shall not apply to damages suffered to life, limb, bodily integrity or health, or in cases of gross negligence or malfeasance on the part of EURODCS.
3.4. Enforcing the Licence, entire Agreement
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the SOFTWARE due to statute, judicial order, or regulation then You must:
(a) comply with the terms of this License to the maximum extent possible; and
(b) describe the limitations. Such description must be placed in a text file next to the SOFTWARE under this License, and must be notified to EuroDCS without delay. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
Unless a written agreement otherwise with EuroDCS exists, this License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
3.5. GOVERNING LAW
This agreement shall be governed by the laws of Germany. Any disputes shall be settled amicably, failing which shall be handled by the competent courts of Koblenz, Germany