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License Agreement:

CyberTech Software License Agreement

Last updated: 25. Jan. 2017


The licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The licensed Software is licensed, not sold. CyberTech Engineering shall own all right, title and interest including the intellectual property rights in and to the information on bug fixes or error corrections relating to the licensed Software that are submitted by Licensee to CyberTech Engineering as well as any intellectual property rights to the correction of any errors, if any.



Grant of License

TRIAL License

If you get trial licenses you are permitted to use the Software for testing and evaluation only. The Software may have a mechanism check the trial expiration, to identify every single installation on a particular computer e.g. key, hardware (non-transferable) or dongle (transferable). You must not tamper with the identification and expiration mechanisms.

Runtime License

If you purchased runtime licenses you are permitted to use the Software according to the number of purchased licenses. For each license, you are permitted to install and use one copy of the Software on a single computer. The Software may have a mechanism to identify every single installation on a particular computer e.g. key, hardware (non-transferable) or dongle (transferable). You must not tamper with the identification mechanism.

Use Definition

Authorization of Usage

Licensee acknowledges that CyberTech Engineering is the sole owner of all rights in the Software and in all of the know-how pertaining to this Software except those described in Appendix A. It shall forbear to attack the rights of CyberTech Engineering, unless CyberTech Engineering asserts such rights against Licensee or Licensee attacks a patent or patent application (or similar, patent-related rights such as utility models) of CyberTech Engineering. It will adequately inform third parties of CyberTech Engineering’s ownership of those rights.

Licensee shall only be granted a limited right of usage to the extent to which it is absolutely necessary for the purposes of this agreement. The provisions following hereunder are characterizations of this principle and shall be narrowly construed in cases of doubt. CyberTech Engineering’s copyright of the Software shall not be exhausted by this agreement. Nothing in this provision shall be construed in a way as to prevent Licensee from defending its rights in case CyberTech Engineering infringes Licensee patents, trademarks or copyrights, or misappropriates Licensee’s trade secrets.

The Software may not be leased, assigned, or sublicensed, in whole or in part if and to the extent not expressly permitted in Section 1 (“Grant of License”) above. You may not make accessible the Software to third parties and you must make sure that no one except your authorized Licensee has access to the computer(s) where the Software is installed.


Software is confidential copyrighted information of CyberTech Engineering and title to all copies is retained by CyberTech Engineering and/or its licensors. Licensee shall not decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software is not designed or intended for use in critical safety systems including but not limited to nuclear facilities, aircraft communication and aircraft control systems or other situations in which case of failure of the Software could lead to death or personal injury.

Without limitation to any other terms and conditions of the Agreement, Licensee shall indemnify, hold harmless and defend CyberTech Engineering and its suppliers and CyberTech Engineering's and its suppliers respective officers, directors, employees and agents (each an "Indemnified Party") from against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys' fees and costs) in the event that any claim is brought against any Indemnified Party arising from your use of the Software in critical safety systems including but not limited to nuclear facilities, aircraft communication and aircraft control systems or other situations in which case of failure of the Software could lead to death or personal injury.

Trademarks and Logos

The name CyberTech Engineering is synonymous with high-quality software products and services. CyberTech and HumanOS trademarks are extremely valuable because they represent the standards of excellence and consistent quality associated with CyberTech Engineering. Your use must not mislead consumers as to any CyberTech Engineering sponsorship, affiliation, or endorsement of your company, or of your products or services. If you use CyberTech’s trademarks you must follow this rules:

·        Trademark Notice: Include an attribution of CyberTech Engineering ownership of the trademark(s) in the credit notice section of your documentation or advertisement

·        Identify Brands: When referring to CyberTech Engineering software products, apply the appropriate trademark symbols in accordance with the list of current CyberTech Engineering trademarks.

·        Appropriate Descriptors: CyberTech Engineering trademarks identify specific products and services. Your own applications name, logo, description must be unique and free of CyberTech Engineering trademarks.

List of current trademarks: CyberTech™, HumanOS™

Example: CyberTech and HumanOS are either registered trademarks or trademarks of CyberTech Engineering GmbH in Switzerland and/or other countries.

Warranty Limitation

General Warranties: CyberTech Engineering represents and warrants that: (a) it has the unqualified right to grant the licenses granted in this Agreement; (b) it has not granted any conflicting rights, and no third party contractual duty will be breached by entering into this Agreement; (c) the Software (expressly excluding all Third Party components as listed in Appendix A) does not infringe or violate the intellectual property rights of any third party; (d) it will comply with, and conducts its operations according to, applicable laws, rules, codes, regulations, ordinances, and similar governmental directives of Switzerland. (e) the Software (expressly excluding all Third Party components as listed in Appendix A) does not require a license for export, and if any export license is required following the effective date, CyberTech Engineering will notify Licensee promptly in writing; (f) the Software does not contain any harmful code; (g) Software will not be infected with a virus when it is shipped to Licensee.

The parties agree that it is not possible to develop software thus that it meets all the requirements of the application without error. CyberTech Engineering shall make available a user documentation explaining the intended use and the using conditions of the Software, which shall always be kept up to date.

Only defects in the Software that occur within one (1) year after the download or delivery shall be remedied by CyberTech Engineering according to the statutory provisions. Claims for damages shall be expressly excluded from this time limitation. For all damage claims, the statutory limitation period shall apply.

In the event of critical failures (Class1 and Class2) reported by Licensee within the one (1) year warranty period, CyberTech Engineering will eliminate these failures at the request of Licensee without undue delay provided that these failures have been shown to result from failures in the Software delivered by CyberTech Engineering (exclusive Third Party Software according to Appendix A). For this, Licensee will enable CyberTech Engineering to access the project showing the corresponding failure, especially via a remote access or the making available of projects, which can be used in the development environment of CyberTech Engineering in order to clearly reproduce the corresponding failure.

The parties agree that Class1 failures include the following cases:

·        serious defects, massive functional limitations especially in the final product at customer installations, e.g. system crash, hang-ups, data corruption

The parties agree that Class2 failures include the following cases:

·        defects, functional limitations in assured functionality that could not be bypassed or avoided, e.g. by means of auxiliary functions, as well as uncontrolled memory and/or resource consumption, which will cause functional limitations in the long term

Failures which, irrespective of their classification, are a result of incorrect use and/or use outside the conditions recommended by CyberTech Engineering (as described in the documentation and the example code) will be eliminated by CyberTech Engineering upon written request of Licensee and compensated using the common CyberTech Engineering cost rates.

Limitation of Liability

The Software and components are not intended to replace the professional skills and judgment of Licensee and its employees, agents and consultants. Licensee alone shall be responsible for the accuracy and adequacy of information and data furnished for processing and any use made by Licensee of the output of the Software or any reliance thereon.

CyberTech Engineering shall be liable towards Licensee to the fullest extent according to the statutory provisions.

a.      in the event of damages caused by willful misconduct or gross negligence according of CyberTech Engineering, its representatives or employees;

b.      in case of damages resulting in death or personal injury;

c.       to the extent that CyberTech Engineering have expressly given a guarantee or accepted to bear a procurement risk;

d.      in the event of liability under the German Product Liability Act (“Produkthaftungsgesetz”).

Beyond a) to d) above, CyberTech Engineering shall only be liable to Licensee in the event of damages caused by a negligent breach of a material contractual obligation. CyberTech Engineering’s liability shall, however, in this case be limited to the typical, foreseeable damage. If possible by applicable law, CyberTech Engineering's entire liability to Licensee and Licensee's exclusive remedy shall be, at CyberTech Engineering's option, either (A) return of the price Licensee paid for the licensed Software, or (B) repair or replacement of the licensed Software.

All further liability shall be excluded.

The Software or the use of the Software may be subject to regulatory provisions related to products used in the Health Care Industry. Prior to using the Software, it is Licensee’s responsibility to ensure that Licensee’s use of the Software will not violate any legal or regulatory provisions nor deviate from the conditions intended for the use of the Software as explained in the user documentation.


You expressly acknowledge and agree that although CyberTech Engineering grants the licenses to their Software set forth herein, no assurances are provided by CyberTech Engineering that certain configuration of the Software or the use for a specific purpose does not infringe the patent or other intellectual property rights of any other entity. CyberTech Engineering disclaims any liability to you for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, you hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow you to use the Software for a certain purpose or specific use case, it is your responsibility to acquire that license before distributing or using the Software.

If notified promptly in writing of any action (and provided that CyberTech Engineering has been promptly notified of all prior claims relating to such action) brought against Licensee based on a claim that the unaltered release of the Software infringes a third party patent or copyright, CyberTech Engineering shall, upon request of Licensee, defend such action at its expense including attorneys’ fees and expert fees and pay any costs or damages finally awarded in such action which are attributable to such claim, provided that CyberTech Engineering shall have sole control of the defense of any such action and of all negotiations for its settlement or compromise. CyberTech Engineering shall not be obliged to defend such action if the infringement is based on a prior version of the Software, the infringement has been fixed in the current version and CyberTech Engineering has offered a free-of-charge update to Licensee before the claim arose.

If a final injunction is obtained against Licensee of any of the Software by reason of infringement of a patent or copyright, or if in CyberTech Engineering’s opinion any of the Software supplied to Licensee hereunder is likely to become the subject of a successful claim of infringement of a patent or copyright, CyberTech Engineering shall, at its option and expense, either procure for Licensee the right to continue using such Software or replace or modify the same so that it becomes non-infringing or, if neither of the above options is commercially reasonable, CyberTech Engineering will grant Licensee a full refund for such Software and accept their return. All rights of Licensee under the license granted according to this Agreement shall cease upon the return of the Software.

Notwithstanding the foregoing, CyberTech Engineering shall not have any liability to Licensee under this Section if the infringement or claim is based upon the use of any of the Software in combination with other equipment or software which is not furnished by CyberTech Engineering (if such claim would have been avoided in case the Software was not in such combination, including but not limited to the combination with Third-Party components listed in Appendix A), Software which have been modified or altered by Licensee if the Software would not infringe but for the modification or alteration or intellectual property rights owned by Licensee, the relevant Customer or any of their respective affiliate.

Nothing in the forgoing shall prevent the Licensee at its option and expense to defend itself against claims brought against his end user products that are based on or make use of the Software independent of a certain use case of such end user products or to procure the respective rights or to replace or modify the Software so that it becomes non-infringing.


The license shall be for a period commencing upon the date of initial download or delivery of the Software and continuing until such time this agreement is terminated in accordance with this agreement, but otherwise without limitation as to duration.

CyberTech Engineering shall have the right to terminate this agreement if Licensee fails to pay any required license fee(s) or otherwise fails to comply with the license terms and conditions described in Section 1. CyberTech Engineering shall give written notice to Licensee of such fault, and if such fault has not been remedied within thirty (30) days after, the license granted hereunder shall terminate.

On termination Licensee loses the rights granted in section 1 and 2 and is not allowed to actively develop new products nor enhance existing products or otherwise make use of or install the Software.

After cancellation or termination, you may only use the Software minimal required for the purpose of support and bug fix of end user that were already sold to customers at the time of cancellation or termination. If requested, License will certify in writing as to the destruction or return of the Software and all copies in its possession.

Each party’s right to terminate the agreement for due cause according to the statutory provisions remains unaffected.


In the event that licensee has obtained a developer license, runtime license or source code license, CyberTech Engineering reserves the right to reference Licensee as one of CyberTech Engineering's customers by mentioning Licensee's company name in documents such as, but not limited to, web pages of CyberTech Engineering's website, emails originating from CyberTech Engineering's employees, publicity brochures and fact sheets, unless explicitly stated otherwise by Licensee. In no event shall CyberTech Engineering publish any other information about Licensee other than the single fact that Licensee is a customer of CyberTech Engineering.

Entire Agreement

This agreement shall be governed by the laws of Switzerland. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, or by the Uniform Commercial Code, the application of which are expressly excluded. If the Licensee is a businessperson and has general jurisdiction (legal domicile) within Switzerland, sole venue for all disputes arising directly or indirectly out of the contract shall be at the Defendant's place of business. If the Licensee has no general jurisdiction (legal domicile) within Switzerland, a court at CyberTech Engineering’s company location in Steffisburg, Switzerland is the exclusive local jurisdiction and venue for any disputes arising from this agreement.

This Agreement is the parties' entire agreement relating to the Software. It supersedes all prior or contemporaneous oral or written communications, proposals, warranties, and representations with respect to its subject matter, and following Licensee's acceptance of this license by clicking on the "Accept" Button or by installing and using the Software, will prevail over any conflicting or additional terms of any quote, order, acknowledgment, or any other communications by or between the parties. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

Export Control

Licensee acknowledges that the licensed Software may be subject to export control restrictions of various countries. Licensee shall fully comply with all applicable export license restrictions and requirements as well as with all laws and regulations relating to the importation of the licensed Software and/or modified Software and/or applications and shall procure all necessary governmental authorizations, including without limitation, all necessary licenses, approvals, permissions or consents, where necessary for the re-exportation of the licensed Software, modified Software or applications.

No Implied License

There are no implied licenses or other implied rights granted under this Agreement, and all rights, save for those expressly granted hereunder, shall remain with CyberTech Engineering and its licensors. In addition, no licenses or immunities are granted to the combination of the licensed Software and/ modified Software, as applicable, with any other software or hardware not delivered by CyberTech Engineering under this Agreement.


If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived or amended to the extent necessary for the Agreement to be otherwise enforceable in such jurisdiction. However, if in CyberTech Engineering’s opinion deletion or amendment of any provisions of the Agreement by operation of this paragraph unreasonably compromises the rights or increase the liabilities of CyberTech Engineering or its licensors, CyberTech Engineering reserves the right to terminate the Agreement.

Appendix A is part of the License Agreement and must be followed by the licensee.

Appendix A

Third Party Licenses and Open Source License Acknowledgment

The CyberTech Engineering products use third-party and/or open source software as listed below. These third-party components are not part of the CyberTech Engineering product (the Software) itself and are delivered for convenience purposes only. All third-party components are delivered “as is”. These components are subject to the following licenses of their respective copyright owners. Licensee must fully comply with these license terms or must not use these components.

·        FOCAS
FOCAS and FANUC are registered trademarks of Fanuc Corperation, Japan.

·        OPC-UA by Unified Automation®
Unified Automation® is a registered trademark of Unified Automation GmbH, Germany.

·        .net Framework, Windows are registered trademarks of Microsoft Corperation, USA.


Notices to CyberTech Engineering shall be given to:

CyberTech Engineering GmbH
Strättlighügel 10
3645 Gwatt

I accept the above conditions.

Over 15 years experience and knowledge of industrial machine controls, software architecture and engineering, artificial and pervasive intelligence, we are dedicated to provide the best and economical solutions to our valued customers.