PYLON END-USER LICENSE AGREEMENT
IMPORTANT - PLEASE READ CAREFULLY
THIS END-USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU,
EITHER AN INDIVIDUAL OR A LEGAL ENTITY, ("CUSTOMER"), AND BASLER AG ("BASLER")
FOR THE BASLER SOFTWARE PRODUCTS ACCOMPANYING THIS AGREEMENT, WHICH INCLUDES
COMPUTER SOFTWARE AND MAY INCLUDE "ONLINE" OR ELECTRONIC DOCUMENTATION, ASSOCIATED
MEDIA, AND/OR PRINTED MATERIALS ("SOFTWARE"). BEFORE YOU DOWNLOAD, INSTALL OR USE
THE SOFTWARE, CAREFULLY READ THIS AGREEMENT. BY DOWNLOADING, INSTALLING OR USING
THE SOFTWARE, YOU CONSENT TO THE TERMS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND
BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
1. DEFINITIONS.
"Derivative" means a computer software (application) created by CUSTOMER that includes
or is based in whole or in part on the SOFTWARE, including, but not limited to,
incorporating the SOFTWARE into the Derivative by linking or otherwise using the
SOFTWARE in any form whatsoever in CUSTOMER's Derivative.
"Documentation" means the Basler Product Documentation, Programmer's Guide and Reference
Documentation, User's Manuals, if any, accompanying delivery of the SOFTWARE.
Documentation may be delivered in printed and/or electronic and/or online forms.
"Evaluation License" means a license, supplied to CUSTOMER in the form of a License File
that allows CUSTOMER to install and evaluate the SOFTWARE on any computer for a certain
period of time.
"Runtime License" means a license, supplied to CUSTOMER in the form of a License File and
a corresponding removable hardware component, e.g., a dongle, that allows CUSTOMER to
install and use the SOFTWARE on any computer for an unlimited period of time.
"License File" means a computer file that contains license keys that permit CUSTOMER to
use the SOFTWARE in a particular Software Configuration.
"Nodelocked License" means a license, supplied to CUSTOMER in the form of a License File
that allows CUSTOMER to use the SOFTWARE only on the computer specified in the Nodelocked
License File.
"SOFTWARE" means all files, libraries, programs, executable code, compiled code, including
but not limited to, BASLER's pylon software, any and all vTools as well as any other
BASLER or third party computer software, digital images and example programs. This also
includes upgrades, modified versions, updates, additions and copies of the SOFTWARE, if any,
licensed, delivered and provided to CUSTOMER by BASLER. The term "SOFTWARE" does not include
any Derivatives or other programs, which may include the SOFTWARE.
"Software Configuration" means the Acquisition Version, the Demo Version, the Evaluation
Version and/or the Runtime Version, all as defined in Section 3.1 below, of the SOFTWARE.
"Protected Data" includes the SOFTWARE as well as any and all components the content of which
is not disclosed by BASLER in human-readable form such as, the License Files, the Irremovable
Host ID, the Removable Host ID as well as any other files, data or hardware that is provided
by BASLER and not readily accessible for CUSTOMER without reverse engineering and/or breach
or circumvention of technical protection mechanisms.
"vTool" means a computer file or files that may incorporate algorithms and/or methods to
acquire, analyse, manipulate, modify or extract information, e.g., from a digitized image.
A vTool may require a License File that permits CUSTOMER to use the SOFTWARE in a particular
Software Configuration.
2. SOFTWARE OF THIRD-PARTY MANUFACTURERS.
Notwithstanding the terms and conditions of this AGREEMENT, all or any portion of the SOFTWARE
which constitutes non-proprietary BASLER software or software provided under Open Source license
by third parties ("third-party software"), is licensed to CUSTOMER subject to the terms and
conditions of the software license agreement accompanying such third-party software. Use of the
third-party software by CUSTOMER shall be governed solely by the terms and conditions of such
license. CUSTOMER can find the license terms and conditions in the file
"pylon_Third-Party_Licenses.txt" or contact BASLER support.
SOFTWARE includes some Open Source software source code that may be used and modified by anyone
and everyone, provided they, in turn, make it available to everyone else with the same licensing
agreement. Please contact BASLER support for the original source code of components licensed
under Open Source licenses.
CUSTOMER understands and agrees that acceptance of this AGREEMENT also confirms CUSTOMER's
acceptance of the applicable provisions for use, including the restrictions on use, of the
third-party software. Any breach of the applicable provisions of any third party's license
terms shall also be considered a material breach of this AGREEMENT.
3. GRANT OF LICENSE.
BASLER grants CUSTOMER a non-exclusive right to install and use the SOFTWARE provided that
CUSTOMER complies with all terms and conditions of this AGREEMENT.
The licensed SOFTWARE and Documentation shall at all times remain the property of BASLER and/or
its licensors, and CUSTOMER, as licensee, shall have no right, title, or interest in the SOFTWARE,
except as expressly set forth in this AGREEMENT. The transfer of the SOFTWARE, including, but not
limited to, sublicensing and distribution to a third party is not permitted.
3.1. SOFTWARE CONFIGURATIONS.
Different rights, obligations and restrictions apply to each Software Configuration.
CUSTOMER's right to install and use the SOFTWARE is determined by the Software Configuration
selected, as set forth below:
3.1.1. ACQUISITION VERSION.
The Acquisition Version is a version of the SOFTWARE that solely allows CUSTOMER to operate Basler
hardware products such as cameras, frame grabbers, interface cards, light
controllers, light sources and others. The Acquisition Version excludes the use of vTools. It does
not require a License File. The Acquisition Version allows CUSTOMER to use the SOFTWARE on an
unlimited number of computers for an unlimited period of time. The Acquisition Version allows CUSTOMER
to (1) evaluate the full functionality of the SOFTWARE excluding vTools; (2) create, distribute and
sublicense Derivatives excluding vTools for commercial purposes.
If CUSTOMER chooses to distribute such Derivatives, CUSTOMER agrees (1) not to use BASLER's name, logo
or trademarks to market the Derivatives; (2) to display a valid copyright notice which shall be
sufficient to protect BASLER's copyright in the SOFTWARE; (3) not to remove or obscure any copyright,
trademark or patent notice that appear on the SOFTWARE as delivered to CUSTOMER; (4) to accompany the
Derivative with a license agreement whose terms and conditions are at least as restrictive as the terms
in this AGREEMENT; (5) to explicitly exclude BASLER, its Affiliates and its suppliers from all liability
for costs, losses, damages or any obligations to provide remedial actions that may result from the use
and distribution of Derivatives; (6) to indemnify, hold harmless and defend BASLER, its Affiliates and
suppliers from and against any costs, losses or damages, including attorney's fees, that arise in
connection with or result from CUSTOMER's use or distribution of the Derivatives; (7) otherwise comply
with the terms of this AGREEMENT; and (8) agrees that BASLER reserves all rights not expressly granted.
BASLER will neither provide any support nor does BASLER accept any liabilities, warranties,
representations or other obligations for Derivatives developed and/or distributed by CUSTOMER.
In particular, CUSTOMER will be solely responsible to CUSTOMER's end users (or anyone else who uses
CUSTOMER's Derivatives) for support, service, upgrades, or technical or other assista
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