Format: http://www.debian.org/doc/packaging-manuals/copyright-format/1.0/
Upstream-Name: pco.software
Upstream-Contact: https://www.excelitas.com/de/product-category/pco/

Files: *
Copyright: 2022-2022 Excelitas PCO GmbH
License: PCO End user license agreement (EULA)
 Please read this EULA carefully, as it sets out the basis upon which we
 license the Software for use.
 .
 By installing the Software, you agree to be bound by the provisions of
 this EULA. If you do not agree to be bound by the provisions of this
 EULA, you must cancel the installation process and promptly delete the
 Software.
 .
 If you are entering into this EULA agreement on behalf of a company or
 other legal entity, you represent that you have the authority to bind
 such entity and its affiliates to these terms and conditions. If you do
 not have such authority or if you do not agree with the terms and
 conditions of this EULA agreement, do not install or use the Software,
 and you must not accept this EULA agreement.
 .
 By agreeing to be bound by this EULA, you further agree that any person
 you authorize to use the Software will comply with the provision of this
 EULA.
 .
 This EULA agreement shall apply only to the Software supplied by the
 Licensor herewith regardless of whether other software is referred to or
 described herein. The terms also apply to any of the Licensors updates,
 supplements, Internet-based services, and support services for the
 Software, unless other terms accompany those items on delivery. If so,
 those terms apply.
 .
 1. Definitions
 .
 1.1 In this EULA, except to the extent expressly provided otherwise:

 "Documentation" means the documentation for the Software
 produced by the Licensor and delivered or made available by the Licensor
 to the User;
 .
 "Effective Date" means the date upon which the User gives the
 User's express consent to this EULA, following the issue of this EULA
 by the Licensor;
 .
 "EULA" means this end user license agreement, including any
 amendments to this end user license agreement from time to time;
 .
 "Force Majeure Event" means an event, or a series of related
 events, that is outside the reasonable control of the party affected
 (including failures of the internet or any public telecommunications
 network, hacker attacks, denial of service attacks, virus or other
 malicious software attacks or infections, power failures, industrial
 disputes affecting any third party, changes to the law, disasters,
 explosions, fires, floods, riots, terrorist attacks and wars);
 .
 "Intellectual Property Rights" means all intellectual property
 rights wherever in the world, whether registrable or unregistrable,
 registered or unregistered, including any application or right of
 application for such rights. "Intellectual property rights" include
 copyright and related rights, database rights, confidential information,
 trade secrets, know-how, business names, trade names, trademarks,
 service marks, passing off rights, unfair competition rights, patents,
 petty patents, utility models, semi-conductor topography rights and
 rights in designs;
 .
 "Licensor" means Excelitas PCO GmbH, a company incorporated in Germany
 (registration number HRB 18850) having its registered office at Donaupark
 11, 93309 Kelheim, Germany;
 .
 "Minimum Term" means, in respect of this EULA, the period of 12
 months beginning on the Effective Date;
 .
 "Services" means any services that the Licensor provides to the
 User, or has an obligation to provide to the User, under this EULA;
 .
 "Software" means any software product which is provided either
 directly by PCO or can be downloaded from the PCO website
 (https://www.excelitas.com/de/product-category/pco/)
 .
 "Software Defect" means a defect, error or bug in the Software
 having a material adverse effect on the appearance, operation,
 functionality or performance of the Software, but excluding any defect,
 error or bug caused by or arising as a result of:
 .
 (a) any act or omission of the User or any person authorized by the
 User to use the Software;
 .
 (b) any use of the Software contrary to the Documentation by the User
 or any person authorized by the User to use the Software;
 .
 (c) a failure of the User to perform or observe any of its obligations
 in this EULA; and/or
 .
 (d) an incompatibility between the Software and any other system,
 network, application, program, hardware or software not specified as
 compatible in the Software Specification;
 .
 "Software Specification" means the specification for the
 Software set out in the Documentation;
 .
 "Source Code" means the Software code in human-readable form or
 any part of the Software code in human-readable form, including code
 compiled to create the Software or decompiled from the Software, but
 excluding interpreted code comprised in the Software;
 .
 "Support Services" means support in relation to the use of the
 Software and the identification and resolution of errors in the
 Software, but shall not include the provision of training services
 whether in relation to the Software or otherwise;
 .
 "Term" means the term of this EULA, commencing in accordance
 with Clause 2.1 and ending in accordance with Clause 2.2;
 .
 "Update" means a hotfix, patch or minor version update to the
 Software;
 .
 "Upgrade" means a major version upgrade of the Software;
 .
 "User" means the person to whom the Licensor grants a right to
 use the Software under this EULA;
 .
 "use" means the access, download, install, copy or get benefit
 from using of the Software in accordance with the Documentation.
 .
 2. Term
 .
 2.1 This EULA shall come into force upon the Effective Date.
 .
 2.2 This EULA shall continue in force indefinitely.
 .
 3. License
 .
 3.1 The Licensor hereby grants to the User from the date of supply of
 the Software to the User a worldwide, non-exclusive, non-transferable,
 non-sublicensable license to:
 .
 (a) install multiple instances of the Software;
 .
 (b) use multiple instances of the Software in accordance with the
 Documentation;
 .
 (c) create, store and maintain back-up copies of the Software; and
 .
 (d) integrate the SDK libraries / modules (DLLs) contained in the
 Software into third-party software products;
 .
 subject to the limitations and prohibitions set out and referred to in
 this Clause 3.
 .
 The Licensor remains the owner of any intellectual property rights with
 respect to the Software. The User receives a license for the Software,
 it is not sold to the User.
 .
 3.2 The User may not sub-license and must not purport to sub-license any
 rights granted under Clause 3.1.
 .
 3.3 Save to the extent expressly permitted by this EULA or required by
 applicable law on a non-excludable basis, any license granted under this
 Clause 3 shall be subject to the following prohibitions:
 .
 (a) the User must not sell, resell, rent, lease, loan, supply,
 publish, distribute or redistribute the Software or parts of the
 Software directly;
 .
 (b) the User must not alter, edit or adapt, translate or otherwise
 change the whole or any part of the Software nor permit the whole or any
 part of the Software to be combined with or become incorporated in any
 other software and
 .
 (c) the User must not modify, decrypt, decompile, disassemble or
 reverse engineer, or attempt to modify, decrypt, decompile, disassemble
 or reverse engineer, the Software.
 .
 3.4 The User shall be responsible for the security of copies of the
 Software supplied to the User under this EULA and shall use all
 reasonable endeavors (including all reasonable security measures) to
 ensure that access to such copies is restricted to persons authorized to
 use them under this EULA.
 .
 3.5. The User may neither remove nor change copyright and trademark
 notices or other information on copyrights and origin, property notices
 or labels that are present on or in the Software.
 .
 4. Source Code
 .
 4.1 Nothing in this EULA shall give to the User or any other person any
 right to access or use the Source Code or constitute any license of the
 Source Code.
 .
 5. Support Services
 .
 5.1 The Licensor shall provide the Support Services to the User during
 the Term.
 .
 5.2 The Licensor shall provide the Support Services in accordance with
 the standards of skill and care reasonably expected from camera
 manufacturer in the Licensor's industry.
 .
 5.3 Either party may terminate the Support Services by giving to the
 other party at least 30 days' written notice expiring on or at any time
 after the first anniversary of the Effective Date.
 .
 5.4 The User agrees that the Licensor can discontinue support for
 previous versions of the Software after an updated version is available.
 .
 5.5 If the Support Services are terminated in accordance with the
 provisions of this Clause 5, the provisions of this Clause 5, excluding
 this Clause 5.4, shall cease to apply, but the other provisions of this
 EULA will continue notwithstanding such termination.
 .
 6. No assignment of Intellectual Property Rights
 .
 6.1 Nothing in this EULA shall operate to assign or transfer any
 Intellectual Property Rights from the Licensor to the User, or from the
 User to the Licensor.
 .
 7. Warranties
 .
 7.1 The Licensor warrants to the User that it has the legal right and
 authority to enter into this EULA and to perform its obligations under
 this EULA.
 .
 7.2 The Licensor warrants to the User that the Software, when used by
 the User in accordance with this EULA, will not breach any laws,
 statutes or regulations applicable under German law.
 .
 7.3 The Licensor warrants to the User that the Software, when used by
 the User in accordance with this EULA, will not infringe the
 Intellectual Property Rights of any person in any jurisdiction and under
 any applicable law.
 .
 7.4 If the Licensor reasonably determines, or any third party alleges,
 that the use of the Software by the User in accordance with this EULA
 infringes any person's Intellectual Property Rights, the Licensor may
 act reasonably at its own cost and expense:
 .
 (a) modify the Software in such a way that it no longer infringes the
 relevant Intellectual Property Rights, providing that any such
 modification must not introduce any Software Defects into the Software
 and must not result in the Software failing to conform with the Software
 Specification; or
 .
 (b) procure for the User the right to use the Software in accordance
 with this EULA.
 .
 7.5 The User warrants to the Licensor that it has the legal right and
 authority to enter into this EULA and to perform its obligations under
 this EULA.
 .
 7.6 All of the parties' warranties and representations in respect of
 the subject matter of this EULA are expressly set out in this EULA. To
 the maximum extent permitted by applicable law, no other warranties or
 representations concerning the subject matter of this EULA will be
 implied into this EULA or any related contract.
 .
 8. Acknowledgements and warranty limitations
 .
 8.1 The User acknowledges that complex software is never wholly free
 from defects, errors and bugs; and subject to the other provisions of
 this EULA, the Licensor gives no warranty or representation that the
 Software will be wholly free from defects, errors and bugs.
 .
 8.2 The User acknowledges that complex software is never entirely free
 from security vulnerabilities; and subject to the other provisions of
 this EULA, the Licensor gives no warranty or representation that the
 Software will be entirely secure.
 .
 8.3 The User acknowledges that the Software is only designed to be
 compatible with that software specified as compatible in the Software
 Specification; and the Licensor does not warrant or represent that the
 Software will be compatible with any other software.
 .
 8.4 The User acknowledges that the Licensor will not provide any health,
 legal, financial, accountancy or taxation advice under this EULA or in
 relation to the Software; and, except to the extent expressly provided
 otherwise in this EULA, the Licensor does not warrant or represent that
 the Software or the use of the Software by the User will not give rise
 to any legal liability on the part of the User or any other person.
 .
 9. Limitations and exclusions of liability
 .
 9.1 Nothing in this EULA will:
 .
 (a) limit or exclude any liability for death or personal injury
 resulting from negligence;
 .
 (b) limit or exclude any liability for fraud or fraudulent
 misrepresentation;
 .
 (c) limit any liabilities in any way that is not permitted under
 applicable law, e.g. ProdHaftG; or
 .
 (d) exclude any liabilities that may not be excluded under applicable
 law,
 .
 and, if a party is a consumer, that party's statutory rights will not
 be excluded or limited by this EULA, except to the extent permitted by
 law.
 .
 9.2 The limitations and exclusions of liability set out in this Clause 9
 and elsewhere in this EULA:
 .
 (a) are subject to Clause 9.1; and
 .
 (b) govern all liabilities arising under this EULA or relating to the
 subject matter of this EULA, including liabilities arising in contract,
 in tort (including negligence) and for breach of statutory duty, except
 to the extent expressly provided otherwise in this EULA.
 .
 9.3 The Licensor will not be liable to the User in respect of any losses
 arising out of a Force Majeure Event.
 .
 9.4 The Licensor will not be liable to the User in respect of any loss
 of profits or anticipated savings.
 .
 9.5 The Licensor will not be liable to the User in respect of any loss
 of revenue or income.
 .
 9.6 The Licensor will not be liable to the User in respect of any loss
 of business, contracts or opportunities.
 .
 9.7 The Licensor will not be liable to the User in respect of any loss
 or corruption of any data, database or Software.
 .
 9.8 The Licensor is not liable for the loss of data if the damage could
 have been avoided if the User had fulfilled his obligation to back up
 data.
 .
 9.9 The Licensor is not responsible for the suitability of the Software
 for a particular use. The User carries full responsibility for selecting
 the Software for the intended results and for the installation, the use
 and the results of the Software.
 .
 9.10 The Licensor will not be liable to the User in respect of any
 special, indirect or consequential loss or damage.
 .
 10. Termination
 .
 10.1 The Licensor may terminate this EULA by giving to the User not less
 than 30 days' written notice of termination after the end of the
 Minimum Term.
 .
 10.2 The User may terminate this EULA by giving to the Licensor not less
 than 30 days' written notice of termination after the end of the
 Minimum Term.
 .
 10.3 Either party may terminate this EULA immediately by giving written
 notice of termination to the other party if:
 .
 (a) the other party commits any breach of this EULA, and the material
 breach is not remediable;
 .
 (b) the other party commits a breach of this EULA, and the material
 breach is remediable but the other party fails to remedy the breach
 within the period of 30 days following the giving of a written notice to
 the other party requiring the breach to be remedied; or
 .
 (c) the other party persistently breaches this EULA (irrespective of
 whether such breaches collectively constitute a material breach).
 .
 10.4 Either party may terminate this EULA immediately by giving written
 notice of termination to the other party if:
 .
 (a) the other party:
 .
 (i) is dissolved;
 .
 (ii) ceases to conduct all (or substantially all) of its business;
 .
 (iii) is or becomes unable to pay its debts as they fall due;
 .
 (iv) is or becomes insolvent or is declared insolvent; or
 .
 (v) convenes a meeting or makes or proposes to make any arrangement or
 composition with its creditors;
 .
 (b) an administrator, administrative receiver, liquidator, receiver,
 trustee, manager or similar is appointed over any of the assets of the
 other party;
 .
 (c) an order is made for the winding up of the other party, or the
 other party passes a resolution for its winding up (other than for the
 purpose of a solvent company reorganisation where the resulting entity
 will assume all the obligations of the other party under this EULA); or
 .
 (d) if that other party is an individual:
 .
 (i) that other party dies;
 .
 (ii) as a result of illness or incapacity, that other party becomes
 incapable of managing his or her own affairs; or
 .
 (iii) that other party is the subject of a bankruptcy petition or
 order.
 .
 11. Effects of termination
 .
 11.1 Upon the termination of this EULA, all of the provisions of this
 EULA shall cease to have effect, save that the following provisions of
 this EULA shall survive and continue to have effect (in accordance with
 their express terms or otherwise indefinitely): Clauses 1, 9, 11, 12 and
 13.
 .
 11.2 Except to the extent that this EULA expressly provides otherwise,
 the termination of this EULA shall not affect the accrued rights of
 either party.
 .
 11.3 For the avoidance of doubt, the licenses of the Software in this
 EULA shall terminate upon the termination of this EULA; and,
 accordingly, the User must immediately cease to use the Software upon
 the termination of this EULA.
 .
 11.4 Upon termination of this EULA for whatever reason, the User must
 immediately uninstall the Software and destroy all copies of the
 Software in his possession.
 .
 12. General
 .
 12.1 No breach of any provision of this EULA shall be waived except with
 the express written consent of the party not in breach.
 .
 12.2 If any provision of this EULA is determined by any court or other
 competent authority to be unlawful and/or unenforceable, the other
 provisions of this EULA will continue in effect. If any unlawful and/or
 unenforceable provision would be lawful or enforceable if part of it
 were deleted, that part will be deemed to be deleted, and the rest of
 the provision will continue in effect (unless that would contradict the
 clear intention of the parties, in which case the entirety of the
 relevant provision will be deemed to be deleted).
 .
 12.3 This EULA may not be varied except by a written document consented
 by or on behalf of each of the parties.
 .
 12.4 The licensor is entitled to use third parties to fulfill his
 performance obligations. In addition, the licensor reserves the right to
 transfer the rights and obligations of this contract in whole or in part
 to one or more third parties.
 .
 12.5 The User hereby agrees that the Licensor may assign the Licensor's
 contractual rights and obligations under this EULA to any successor to
 all or a substantial part of the business of the Licensor from time to
 time. Save to the extent expressly permitted by applicable law, the User
 must not without the prior written consent of the Licensor assign,
 transfer or otherwise deal with any of the User's contractual rights or
 obligations under this EULA.
 .
 12.6 This EULA is made for the benefit of the parties, and is not
 intended to benefit any third party or be enforceable by any third
 party. The rights of the parties to terminate, rescind, or agree any
 amendment, waiver, variation or settlement under or relating to this
 EULA are not subject to the consent of any third party.
 .
 12.6 Subject to Clause 9.1, this EULA shall constitute the entire
 agreement between the parties in relation to the subject matter of this
 EULA, and shall supersede all previous agreements, arrangements and
 understandings between the parties in respect of that subject matter.
 .
 12.7 This EULA shall be governed by and construed in accordance with
 German law, excluding the United Nations Convention on Contracts for the
 International Sale of Goods, CISG.
 .
 12.8 The courts of Germany shall have exclusive jurisdiction to
 adjudicate any dispute arising under or in connection with this EULA.
 However, the Licensor is entitled to sue the User at any other legally
 permissible place of jurisdiction.
 .
 13. Export controls.
 .
 13.1 All applicable export restrictions apply to the Software. The User
 must comply with all export and import laws and restrictions and
 regulations of agencies and authorities in the USA and other countries
 that apply to the product and the use of the product. The Software may
 not be re-exported, downloaded, or otherwise exported to or installed by
 a country under a goods embargo, or to any person on the Specially
 Designated Nationals of the Treasury Department's list or on the USA
 Department of Commerce's Table of Denial Orders. The User declares and
 guarantees that he is not in such a country, is not under its control,
 is not a citizen or resident of such a country and is not entered on one
 of these lists.
 .
 Version 03/2021
