Software - License Agreement (Ruby®)

Trotec Laser GmbH and its subsidiaries (hereinafter "Trotec", "we", "Licensor") provide you with the "Ruby®" software (hereinafter "Software") to facilitate the use of your Trotec laser system under the terms and conditions set out below. Please read this software license agreement (hereinafter "License Agreement") carefully and follow the instructions contained therein.

1. License and license period

1.1. Under the terms of this License Agreement you are granted a non-exclusive, non-transferable right to use the Software for Trotec laser systems for the intended purpose. Depending on the type of your laser system, the Software can either be downloaded from our website via the link provided by us or is already installed in your purchased laser system. The license is associated with your specific laser system.  You may not distribute the Software to third parties (except as "embedded" software of a laser system at the point of purchase), nor make copies of the Software.

1.2. You do not acquire any intellectual property rights to the Software or its contents. Unless otherwise explicitly stipulated in this License Agreement, all rights to the Software remain with us (© Trotec Laser GmbH).

2. Duty of care, warranty and guarantee

2.1. You confirm that you have read and understood the operating instructions and safety information contained in the operating manual enclosed with the laser machine or downloaded from our website and undertake to comply with these instructions carefully and in full.

2.2. You must report any defects in connection with the Software to us in writing immediately after they become known, and in such a way that the defect can be traced and its verification as well as the exclusion of an operating error is possible.

2.3. We guarantee conformity with the specifications valid at the time of conclusion of the contract, provided that the Software is used in accordance with the applicable installation requirements and under the applicable conditions of use. The warranty includes:

• Error diagnosis
• Correction of fault / malfunction

Unless otherwise agreed, the warranty period shall be six months from acceptance of the Software.

2.4. The warranty does not apply if i) the Software is made available to you free of charge or ii) you or third parties have made modifications without
our prior written consent, even if the error occurs in a part that has not been modified. If it is determined in the course of an error diagnosis that no warranty case exists or that the cause of the error does not lie in the delivered Software, you shall bear all costs incurred.

2.5. Further, we do not guarantee that the Software functions will meet your requirements, nor that the programs selected by you will work together, nor that they will run uninterrupted or error-free, nor that all Software errors can be corrected.

2.6. If the Software does not comply with the specifications in a functionally disruptive manner while the warranty is valid and we are unable to establish compliance with the specifications within a reasonable period of time despite sustained efforts, each party to the contract shall have the right to terminate this License Agreement with immediate effect against reimbursement of the services received.

2.7. For defects reported too late and for self-inflicted defects, for example due to non-compliance with the operating instructions or modification of the Software, both the warranty and any other guarantee agreements concluded shall lapse.

2.8. In addition, the warranty conditions of our General Terms and Conditions ( www.troteclaser.com ) shall apply, provided that they do not conflict with this clause 2.

3. Liability and limitation of liability

3.1. We would like to point out that despite taking the utmost care, it is not possible to produce computer software that is completely free of errors according to the state of the art.

3.2. The Software in question may only be used with the corresponding Trotec products. Conversely, Trotec products may only be operated via software packages and interfaces provided by Trotec. You are prohibited from modifying, decoding or decompiling the Software. In such cases, Trotec is released from all liability and any claims for damages and reserves the right to take legal steps against you.

3.3. There shall be no liability for any loss of data through the use of our Software.

3.4. In the event of a claim against the Licensor under warranty, any contributory negligence on the part of the user shall be taken into account appropriately, especially in the event of inadequate error reporting and/or insufficient data backup. Inadequate data backup shall be deemed to exist especially if the user has failed to take precautions (by means of appropriate, state-of-the-art backup measures) against external influences, in particular against computer viruses and other phenomena that may endanger specific data or an entire data stock.

3.5. Trotec shall be liable exclusively for intent and gross negligence and in no case for lack of economic success, loss of profit, harm caused by a defect, or claims of third parties. The foregoing limitations of liability shall not apply to the liability prescribed by law, in particular with regard to liability under the Austrian Product Liability Act and liability for culpably caused injury to life, body or health.

4. Installation, modifications and updates

4.1. Trotec is not obliged to install the Software on your IT systems, nor to make the source code of the Software available to you. All preparatory and installation work to enable you to put the Software into operation is exclusively your responsibility and must be performed by you.

4.2. Trotec reserves the right to regularly create updates for the Software and to make them available to you.

4.3. In addition, it may be possible to purchase further features. Your Trotec contact person will be pleased to advise you on this.

5. Privacy policy

5.1 We process the email address you have given us for the identification and validation of your Software login, whereby this has data protection relevance only in the case of personal data (e.g. Peter.Mustermann@firma.com). Furthermore, for anonymous evaluation of our worldwide software distribution, we process information about the country or associated region according to your IP address at the time of login.

5.2 For smooth functioning of the Software, we use Microsoft Custom Telemetry (details can be found at https://docs.microsoft.com/en-us/azure/application-insights/app-insights-data-retention-privacy ).

5.3 For further information relevant to data protection, including deletion periods, your right of revocation and legal remedies, please visit www.troteclaser.com/en/privacy. For data protection related questions, please contact us at data-protection@trogroup.com.

5.4 By accepting this License Agreement, you expressly consent to the use of your personal data for the purposes mentioned in this clause.

6. General

6.1. You confirm that this License Agreement was concluded between entrepreneurs as defined by the Austrian Commercial Code (UGB).

6.2. If any third party alleges to you that the Software infringes any patent, copyright or trade secret, you shall notify us immediately, and no later than within 30 days. We shall have the right to defend, at our own expense, any claim, suit or proceeding based on such an allegation.

6.3. If any provision of this License Agreement is or becomes legally invalid, the validity of the remaining provisions of this License Agreement shall not be affected thereby. Rather, the parties shall retroactively replace the invalid provision with a valid provision that comes as close as possible to its meaning and purpose. The same shall apply in the event of a loophole mutually recognized as unintentional.

6.4. Any amendments and additions to or departures from this License Agreement must be made in writing.

6.5. In addition to the personal data specified in item 5, we collected the following technical data:

6.5.1. Job types

6.5.2. Configured options

6.5.3. Statistics on processed jobs (e.g. number of vectors and colors; job size in mm)

6.5.4. Statistics on jobs in the queue (e.g. size in kB, number of jobs)

6.5.5. Program display

6.5.6. Software runtime

6.5.7. Options used (vision, etc.)

6.5.8. General performance data of the PC

6.5.9. Laser information

6.5.10. Month of commissioning

6.6. Our General Terms and Conditions ("GTC", available at www.troteclaser.com) shall apply in addition and supplementary to this License Agreement. Should there be any contradictions between this License Agreement and our GTC, the provisions of this License Agreement shall prevail. Section 2.8 shall not be affected by this.