Software License Conditions
– „Central Station“ Software –
For use of the Märklin Central Station Controlsoftware with Märklin Products
We thank you for your interest concerning the Märklin Central Station-Software (hereinafter „CS-Software“) owned by Gebr. Märklin & Cie. GmbH, Göppingen (hereinafter “We” or “MÄRKLIN”) which is provided as a royalty-free download. You can use the CS-Software in order to communicate via your PC, smartphone or tablet (“User Device”) directly with the MÄRKLIN Central Station (“MÄRKLIN Central Station”) in order to control MÄRKLIN locomotives or other MÄRKLIN components. The MÄRKLIN locomotives or other components controlled via the MÄRKLIN Central Station shall hereinafter be referred to as “MÄRKLIN Products”.
By confirming the button “I have read the license conditions and agree hereto”, you confirm that you have accepted the following provisions as well as the additionally applicable General Conditions of MÄRKLIN (hereinafter jointly referred to as “License Conditions”). If you do not agree to the terms of these License Conditions, do not install and/or use the CS-Software, you furthermore have to stop the download and delete all copies of the CS-Software on your User Devices. If you acquired the CS-Software as part of a MÄRKLIN Product purchase and if you do not agree to the terms of these License Conditions, you may return the entire MÄRKLIN Product together with the software package within the return period to MÄRKLIN or the authorized distributor where you obtained it for a refund. You must return the entire MÄRKLIN Product together with the CS-Software in order to obtain a refund
The License Conditions are concluded between MÄRKLIN and you (hereinafter also referred to as “User”):
1.1 MÄRKLIN grants the User a non-exclusive, non-assignable, non-sub-licensable, royalty-free license to use the CS-Software for controlling MÄRKLIN Products via the MÄRKLIN Central Station. You agree that the terms of these License Conditions will apply to any MÄRKLIN-software-product that may be preinstalled on your MÄRKLIN Product, unless such product is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that product. The User is only entitled to use the CS-Software on his User Devices according to this Agreement in order to control MÄRKLIN Products via the MÄRKLIN Central Station.
1.2 The User is entitled to download the CS-Software via the MÄRKLIN platform www.maerklin.de, to install the CS-Software and to use the CS-Software for an unlimited time for the purpose specified under clause 1.1. MÄRKLIN shall have the right to withdraw the right to use at all times. In the case of a withdrawal or other terminations of the right to use by MÄRKLIN, the User is obligated to stop the use of the CS-Software immediately and to completely delete the CS-Software.
1.3 The User is entitled to make back-up copies of the CS-Software for back-up purposes, if notifications concerning copyrights, trademarks and other rights of MÄRKLIN remain unchanged.
2. Limitations concerning use
2.1 The use of the CS-Software is limited to the scope as specified under point 1.
2.2 The User is not entitled to and agrees not to enable others to reverse engineer or decompile the CS-Software, which means the translation in other code forms. The User is also not entitled to and agrees not to enable others to translate or disassemble the Software, to decrypt, modify, decode the CS-Software or to make other attempts to read or derive the source codes, algorithms, data, solutions or other protected parts of the CS-Software. The User is not entitled to and agrees not to enable others to otherwise modify, change or adapt the CS-Software or create derivative works of the CS-Software. The aforementioned restrictions shall not be applicable where the applicable law expressly entitles the User to make such uses, in particular, to allow the Software interoperability according to the applicable law, or where the terms of the License Conditions that govern the use of Open-Sourced-Components, which may be included with the CS-Software, expressly allows or entitles the User to make such uses.
2.3 If not allowed according to the applicable law, the user is not entitled to rent, loan, lease, assign or to grant other rights with respect to the CS-Software or parts thereof.
3. Rights concerning the CS-Software
MÄRKLIN reserves all rights, in particular copyrights, patent rights, trademark rights, know-how rights and other rights with respect to the CS-Software, except as and only to the extent the terms in these License Conditions governing the use of Open-Sourced-Components, which may be included with the CS-Software, provide otherwise. The User only has the limited right to use as granted in this Agreement.
4. Open Source
Certain components of the CS-Software, and third party open source programs included with the CS-Software, have been or may be made available by MÄRKLIN on its Open Source web site (collectively the “Open-Sourced Components”). You may modify or replace only these Open-Sourced Components; provided that:
MÄRKLIN is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified CS-Software.
Such modifications do not represent or correspond with the use intended by MÄRKLIN for the CS-Software and are therefore at all times at the sole and own risk of the User. MÄRKLIN advises all Users that the use of modified CS-Software may create and/or cause unforeseeable risks and irreparable personal injuries or material damages. You expressly acknowledge that if failure or damage to a User Device results from modification of the Open-Sourced Components of the CS-Software, any and all liability of MÄRKLIN is excluded.
5. Used in connection with User Devices and updates
5.1 User is responsible for the use of the CS-Software on the User Devices. MÄRKLIN is not entitled to support the installation, use, maintenance of the CS-Software. The use of the CS-Software on the User Device requires the infrastructure as specified by MÄRKLIN. MÄRKLIN does not have any warranties with respect to the usability of the CS-Software on User Devices or specific functionalities.
5.2 MÄRKLIN endeavors to further improve the CS-Software and might provide updates of the CS-Software at the MÄRKLIN homepage www.maerklin.de. However, there is no obligation of MÄRKLIN to provide such updates or other amendments or new releases of the CS-Software.
5.3 The User is obligated to make data backups concerning its User Devices in regular intervals.
6. Warranty and liability
6.1 MÄRKLIN provides the CS-Software to the User “as it is” on a royalty-free basis. Only the User is responsible for the installation and use of the CS-Software in suitable hardware and software infrastructure. MÄRKLIN does not accept any warranties with respect to a specific use or performance of the CS-Software. MÄRKLIN furthermore does not accept any warranties with respect to the integration and use in connection with the User Devices.
6.2 Additionally the provision with respect to warranties and liabilities of the General Conditions of MÄRKLIN shall be applicable.
7. Third Party Acknowledgements and Open-Source
7.1 Portions of the CS-Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the CS-Software, and your use of such material is governed by their respective terms.
7.2. Certain software libraries and other third party software included with the CS-Software are free software and licensed under the terms of the GNU General Public License Version 2 (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. In some cases it may be also possible to use the aforementioned software libraries and other third party software under terms of later versions of the GPL or under other licensing terms, further details hereto can be found on this website. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to MÄRKLIN or via Email to Service@maerklin.de. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the CS-Software or can be viewed there.
8. General provisions
In addition to the aforementioned provisions the MÄRKLIN General Conditions shall be applicable. In the case of a contradiction between the aforementioned provisions and the MÄRKLIN General Conditions the aforementioned provisions shall prevail.