Software License Conditions
– CS Software –
We thank for your interest concerning the Märklin CS-Software (hereinafter „Software“) owned by Gebr. Märklin & Cie. GmbH, Göppingen (hereinafter “We” or “MÄRKLIN”) which is provided as a royalty-free download. You can use the 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 confiming the bottom “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 with the License Conditions, you have to stop the download and delete all copies of the Software.
The License Conditions are concluded between MÄRKLIN and you (hereinfafter also referred to as “User”):
1. Software License
1.1 MÄRKLIN grants the User a non-exclusive, non-assignable, non-sub-licensable, royalty-free license to use the Software for controlling MÄRKLIN Products via the MÄRKLIN Central Station. The User is only entitled to use the 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 Software via the MÄRKLIN platform www.maerklin.de, to install the Software and to use the 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 Software immediately and to completely delete the Software.
1.3 The User is entitled to make back-up copies of the 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 Software is limited to the scope as specified under point 1.
2.2 The User is not entitled to reverse engineering or decompilation of the Software, which means the translation in other code forms. The User is also not entitled to translate or disassemble the Software, to decode the Software or to make other attempts to read the source codes, algorythms, data, solutions or other protected parts of the Software. The aforementioned restrictions shall not be applicable if User is entitled to make such uses according to the applicable law, in particular, to allow the Software interoperability according to the applicable law. The user is not entitled to modify, change or adapt the Software.
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 Software or parts thereof.
3. Rights concerning the Software
MÄRKLIN reserves all rights, in particular copyrights, patent rights, trademark rights, know-how rights and other rights with respect to the Software. The User only has the limited right to use as granted in this Agreement.
4. Used in connection with User Devices and updates
4.1 User is responsible for the use of the Software on the User Devices. MÄRKLIN is not entitled to support the installation, use, maintenance of the Software. The use of the 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 Software on User Devices or specific functionalities.
4.2 MÄRKLIN endeavours to further improve the Software and might provide updates of the 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 Software.
4.3 The User is obligated to make data backups concerning its User Devices in regular intervals.
5. Warranty and liability
5.1 MÄRKLIN provides the Software to the User “as it is” on a royalty-free basis. Only the User is responsible for the installation and use of the Software in suitable hardware and software infrastructure. MÄRKLIN does not accept any warranties with respect to a specific use or performance of the Software. MÄRKLIN furthermore does not accept any warranties with respect to the integration and use in connection with the User Devices.
5.2 Additionally the provision with respect to warranties and liabilities of the General Conditions of MÄRKLIN: shall be applicable.
6. 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.