1     Conditions of Use

Conditions of Use for the RL-sizing software supplied free of charge by Parker-Origa GmbH.

1.1     General

In the absence of any other special agreements, the use of the RL-sizing software is governed by these Conditions of Use. By installing, passing on or using this software, the user (customer) acknowledges his understanding and acceptance of these Conditions of Use. The user licence is terminated automatically if the Conditions of Use are not observed.

To use the RL-sizing software the user will need the Windows 2000, XP or Vista operating system, 256MB RAM memory, Java Runtime 1.6 and Adobe Acrobat Reader 6.0. The user agrees to receive product information and operating instructions from the licensor. The RL-sizing software is designed to provide the user with information on individual products of the licensor. Accurate data input remains the sole responsibility of the user. The result from the RL-sizing software constitutes a non-binding suggestion from the licensor and does not replace individual technical consultation.

1.2     User Rights

The licensor supplies the RL-sizing software to the user free of charge as a support tool for sizing its electric linear drives. The licensor grants the user a non-exclusive, simple licence to use the software.  Copying or passing on to third parties, in whatever manner or for whatever reason, is only permissible with the prior agreement of the licensor. The user undertakes to use the RL-sizing software in compliance with relevant current legislation. The RL-sizing software remains the intellectual property of Parker Hannifin Corp. and is protected by copyright. All rights, especially copyright and other industrial property rights, remain the property of the licensor.

1.3     Guarantee/Liability

The licensor is responsible for the fitness for purpose of the licensed RL-sizing software. It must function without significant technical faults. The user must inform the licensor of any apparent faults in the software. Upon request the user must provide the licensor with all information and documentation required for removal of the fault.

The licensor shall not be liable to the user or to third parties, either directly or indirectly, for consequential damage such as loss of profits, operational delays or damage to other software caused by the RL-sizing software. The licensor shall also not be liable for the compatibility of the software with the hardware used by the user or for damage arising from incorrect use, input of incorrect data, modification of the RL-sizing software or hardware faults. If the user uses additional software not supplied by the licensor, the licensor shall not be liable for correct functioning of the RL-sizing software nor for resulting faults or damage. The licensor shall be liable, regardless of the legal reason, only for damage caused intentionally or by gross negligence, or for which the licensor has compulsory liability under the Product Liability legislation. Liability for compensation is limited to the damages usually arising in comparable cases. Liability for data loss is limited to the typical costs of replacing the data assuming that security copies were made regularly at intervals appropriate to the circumstances.

The licensor shall not be responsible for the RL-sizing software producing specific results. This also applies to the usability of the RL-sizing software for the agreed purpose or any other purpose. The risk of economically viable usability lies with the user.

The claims of the user expire 12 months after supply of the software.

The licensor has the right to change or add to the Conditions of Use and/or the RL-sizing software at any time. Further development, modification or adaptation of the software is not agreed or guaranteed.

1.4     Final Conditions

The Conditions of Use are governed exclusively by the laws of the Federal Republic of Germany. The regulations of the UN Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded. The court of jurisdiction is, insofar as this is legally permissible, Stuttgart.

If one or more of the clauses of these Conditions of Use become ineffective, illegal or impracticable, the validity of the rest of the Conditions of Use is not affected. Such an ineffective, illegal or impracticable clause shall be replaced by a new clause which comes closest to achieving the purpose of the original ineffective, illegal or impracticable clause.

For international customers the Conditions of Use are translated into several languages, but only the German and English versions of the Conditions of Use are legally binding.