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ROHDE & SCHWARZ

Terms and Conditions for royalty-free Products
July 2019

Legal Notice: Please read these terms and conditions before down-
loading, installing or otherwise using the royalty-free software pro-
grammes, beta release programmes, accompanying documentation,
Apps (applications for mobile devices), method descriptions, pictures,
graphs, interfaces, databases and other information or contents pro-
vided by Rohde & Schwarz GmbH & Co. KG free of charge (hereinafter
referred to as “Product” or “Products”). All use of the Product is subject
to the terms and conditions set forth below (hereinafter referred to as
“Terms and Conditions”).
To install the product, the User must first agree to the Terms and Con-
ditions. Notwithstanding anything to the contrary in these Terms and
Conditions, installing or otherwise using any of the Product indicates the
User’s acceptance of these Terms and Conditions.
Scope of these Terms and Conditions
The User shall be entitled to view and download the Product including
enhancements and documentations if any. The use of the Product shall
be free of charge. The right to use the Product requires the prior ac-
ceptance of these Terms and Conditions.
If and to the extent the Product is provided to the User by ROHDE &
SCHWARZ GmbH & Co. KG (hereinafter referred to as “R&S”) in order
to fulfil R&S’ warranty or non gratuitous maintenance obligations under
any other already existing agreement with the User, the use of the Prod-
uct shall be governed by such other agreement.
Grant of License
R&S grants to the User a non-exclusive, non-transferable, royalty free,
perpetual right to use the Product for the sole purpose for which it is
intended and provided by R&S.
The license granted hereunder is limited to R&S and R&S licensors‘ in-
tellectual property rights in the Product. R&S reserves all rights not ex-
pressly granted hereunder to the User.
Restrictions
The User shall not (i) copy the Product except for archival purposes or
unless it is essentially required for its authorized use, (ii) modify, adapt
or create derivative works of the Product or disable any of its features,
(iii) remove, alter or obscure any product identification, copyright or
other intellectual property notices embedded within or on the Product,
or (iv) publish, disclose, sell, rent, lease, lend, distribute, make available
online, sublicense or provide the Product to any third party without R&S‘
prior written consent. The User shall not decompile, disassemble or re-
verse engineer the Product unless stipulated otherwise by mandatory
law.
Third Party Product / Open Source Software
To the extent that the Product is provided to the User for which R&S has
only derived rights to use (Third Party Product), the above Sections
“Grant of License” and “Restrictions” shall – also concerning the rela-
tionship between R&S and the User – be amended and superseded by
the conditions of use agreed between R&S and its licensor. To the ex-
tent that the User is provided with Open Source Software, the provisions
of the above Sections “Grant of License” and “Restrictions” shall be
amended and superseded by the conditions of use of the according
Open Source Software. Upon request, R&S shall provide the User with
the source code if the provision of the source code has been agreed in
the conditions of use of the Open Source Software licence. R&S shall
point out in the contract documents or in any other appropriate docu-
ment if Third Party Products (including, but not limited to Open Source
Software) and pertaining conditions of use exist and shall make the con-
ditions of use available if so requested by the User. Any breach of the
conditions of use on the part of the User shall entitle not only R&S, but
also its licensor, to assert claims and rights arising there from in their
own name.
Copyright and Authorised Licensor
Subject to the following sentence R&S is and will remain the sole owner
of all right, title and interest, including all intellectual property rights, in
and to the Product, and all modifications, enhancements, updates, up-
grades and derivative works thereof made by R&S. To the extent the
Product contains a Third Party Product R&S is entitled to grant or for-
ward to the User the license as set forth in these Terms and Conditions.
& SCHWARZ GMBH & CO. KG, MUEHLDORFSTRASSE6.

The User must reproduce all copyright notices in the original Product on
all permitted copies.
Limitation of Warranty
The Product shall be made available to the User free of charge. R&S
shall in particular make no warranty or representation that any Product
will meet the User’s expectations, requirements or works in combination
with any hardware or applications software provided by third parties,
that the operation of the Product will be uninterrupted or error-free, or
that any defects in any Product will be corrected. Furthermore, R&S
shall make no warranty that the Product is free from any third-party
rights. The afore-mentioned exclusion of warranty shall not apply if and
to the extent R&S fraudulently conceals a defect of title or material de-
fect of the Product, in which case R&S shall be obliged to indemnify the
User for damages resulting therefrom.
Product Support
R&S offers a limited support for the Product at its sole discretion on vol-
untary basis and reserves the right to update the contents of the Product
and its associated programs, files, documentation and/or other ele-
ments.
Liability
R&S shall only be liable in case of intent and only up to a maximum of
EUR 500 in aggregate. These limitations shall not apply in case of inju-
ries of life, body or health. Mandatory liability pursuant to product liability
law shall remain unaffected.
Indirect and Consequential Damages
In no event shall R&S be liable for (i) any indirect, consequential or eco-
nomic damages, and (ii) loss of profit, risk/replacement purchase, inter-
ruption of business, loss of production, contractual claims of third par-
ties, loss of data due to a software error and loss of interest.
Export Control, embargos and sanctions
The User shall comply with all export control, embargo and sanctions
laws and regulations, which are applicable to the Product and the User;
this includes without being limited to restrictions on destinations, end
users and end use. In addition, the User represents and warrants that it
is not named on any applicable official sanction list (including without
being limited to any governmental list of persons, organizations or enti-
ties that are prohibited from receiving exports, re-exports or other trans-
fers) and that no competent public authority has suspended, revoked or
denied the User’s export privileges.
Revocation
R&S may revoke the License upon notice for failure of the User to com-
ply with any of these Terms and Conditions. Upon revocation, the User
shall immediately stop the use and immediately return or destroy the
Product, together with all copies, adaptations and merged portions in
any form. In case of destruction the User shall prove such destruction if
requested by R&S.
Applicable Law / Place of Jurisdiction
These Terms and Conditions and the contractual relationship between
the User and R&S shall be governed by German law, excluding the pro-
visions on conflict of laws. The application of the UN Convention on
Contracts for the International Sale of Goods (CISG) shall be excluded.
The courts of Munich shall have exclusive jurisdiction in case of any
disputes arising directly or indirectly from the contractual relationship,
provided that the User is a businessman, a body corporate, a legal entity
under public law, or a special fund under public law. R&S shall also have
the right to take legal actions at the User’s domicile.
Miscellaneous
If any provision of these Terms and Conditions are held invalid, the of-
fending clause will be modified so as to be enforceable and, as modified,
shall be fully enforced, and the remainder of these Terms and Condi-
tions will continue in full force and effect.

ROHDE & SCHWARZ GMBH & CO. KG, MUEHLDORFSTRASSE 15, 81671 MUNICH, GERMANY