§1 Object of the license


(1) Schnick-Schnack-Systems GmbH (referred to hereinafter as: Licensor) has developed firmware, which operates the respectively mentioned hardware products (referred to hereinafter as: Devices) of the Licensor and replaces the original version of the firmware which was originally delivered with the Device.




(2) The Licensor allows the User to utilize this version of the firmware free of charge within the scope of these license conditions. The Licensor grants the User certain, non-exclusive rights to the firmware as a real disposition. These license conditions describe the limits of the right, for which real disposition exists, by type, scope, and duration. The rights of use to the firmware are granted subject to a dissolving condition, as long as these license conditions are complied with by the User. The User’s rights of use to the firmware end automatically as soon as he does not comply with the conditions of this license.


(3) The Licensor reserves all rights that are not expressly granted to the User. The Licensor retains ownership of all copyrights and trademark rights to the firmware.


(4) These license conditions are also in effect for future patches, updates, versions, etc. of the firmware, if nothing else has been communicated by the Licensor.


(5) The firmware will be provided to the User as is. No right to maintenance or further development exists; this also applies to troubleshooting, unless the Licensor has maliciously concealed a defect. The User has no claim to support services by the Licensors, especially not to a support hotline. It is at the sole discretion of the Licensor, whether or not to provide an online help or user documentation; the User has no claim to this.


§2 Rights of use


(1) In accordance with these license conditions, the Licensor grants the User a simple, non-exclusive, and unlimited-duration right of use to the firmware with those Devices of the Licensor which are mentioned in the description.


(2) The firmware may only be used with those Devices of the Licensor, which are mentioned in the description. Violations, particularly the use of the firmware with Devices which are not mentioned or with devices of other providers, lead to the automatic termination of the right of use.


§3 Rights of reproduction

The client is entitled to make copies of the firmware for his own use, as far as this is necessary for the download, installation, backup and use on the Devices which are mentioned in the description. The creation of copies for the purpose of forwarding these to third parties (see § 5) or the forwarding of copies previously made for his own use to third parties is prohibited.


§4 Decompiling and firmware changes


(1) Reassembling of the supplied firmware code into other code forms (decompiling) as well as other types of reverse engineering of the various manufacturing steps of the firmware and firmware changes are only permissible for the User’s own use and only for the purpose of ensuring interoperability of the firmware with other computer programs as well as ensuring proper usability, including troubleshooting, if necessary for this purpose. “Own use” in the sense of this provision especially includes private use by the User. In addition “own use” also includes utilization for professional or commercial purposes, as long as this is limited to utilization by the User or his employees and is not to be utilized commercially externally in any manner.


(2) The removal of protective routines is only permissible if this protective mechanism interferes with or prevents the proper use of the firmware. The User is responsible for providing evidence of interference with or prevention of proper usability due to the protective mechanism. § 8 of these contract conditions must be taken into account.


(3) The actions according to section 1 and 2 may only be transferred to commercially active third parties, who could potentially be competitors of the Licensor, if the Licensor does not want to make the desired firmware changes for an appropriate fee. The Licensor must be given a sufficient period of time to decide whether to accept the order as well as the name of the third party.


(4) If the listed actions are performed for commercial reasons, they are only permissible if they are essential for creating, maintaining, or operating an independently created interoperable program and the necessary information has not yet been published or is otherwise accessible, such as by asking the Licensor.


(5) Copyright mentions, serial numbers, and other characteristics for firmware identification may not be removed or altered.


§5 Transfer, resale, and renting


(1) If the User has received the firmware on a data carrier of the Licensor, he may transfer this to a third party free of charge in unaltered condition as long as he has completely removed the firmware from his own systems first (including all copies). If the User has received the firmware in a non-physical form, e.g. by means of a download from the internet site of the Licensor, transfer is not permitted, even if it is free of charge.


(2) Publications within free software collections (e.g. in the Internet or on CD-ROM) or as Bookware, are only permissible if the recipient accepts the validity of these license conditions and the Licensor gives prior consent to a transfer.


(3) The User is not permitted to transfer the firmware to third parties for a fee, e.g. sale or renting.


§6 Warranty


(1) The Licensor makes no warranty that the firmware functions will fulfill the specific requirements of the User or will work together with components in the special hardware configuration of the User.


(2) Due to the fact that the Licensor provides the firmware to the User free of charge, the Licensor will only assume responsibility for maliciously concealed defects. This will be done by means of correction or replacement, at the discretion of the Licensor. Any further warranty is excluded.


(3) If the User discovers errors in the firmware, he is asked to report these to the Licensor, so that they may be remedied, if possible. This does not constitute a claim to troubleshooting.


§7 Liability


(1) Due to the fact that the Licensor provides the firmware to the User free of charge, the Licensor is only liable for intent and gross negligence; unlimited in case of intent and limited to foreseeable, typical damage in case of gross negligence. Any further liability is excluded.


(2) The provisions above are also in effect for employees of the Licensor.


(3) Liability for life, limb, or health and in accordance with the German Product Liability Act remain unaffected.


§8 Information obligations


The User is obligated to inform the Licensor of the removal of a protective routine from the firmware code in writing. The User must describe in as much detail as possible the disruption of firmware utilization necessary for this type of permissible firmware change. The description obligation extends to a detailed portrayal of the occurring disruptive symptoms, the presumed reason for the disruption, and especially a detailed description of the firmware change made.


§9 Conflict with other terms and conditions


The general terms and conditions of the User are not recognized unless the Licensor agrees to their application individually in writing.


§10 Written form


All agreements that include an alteration, addition, or substantiation of these license conditions, as well as special assurances and arrangements must be recorded in writing. If they are declared by representatives or auxiliary personnel of the Licensor, they are only binding if the Licensor has granted written consent for this.


§11 Applicable law and jurisdictional venue


(1) With regard to all legal relationships from this firmware license, the law of the Federal Republic of Germany is applicable, excluding International Private Law and of the United Nations Convention on Contracts for the International Sale of Goods. If the User is a consumer, the mandatory provisions of the state, in which the consumer usually resides, remain unaffected.


(2) If the User is a businessman, legal person under public law, or public-law special fund, Cologne is the jurisdictional venue for all disputes that arise within the scope of the handling of this firmware license.