S.E.A. Datentechnik GmbH Terms & Conditions for the

Download of Software and Documentation

Special Conditions when downloading software or documentation:

1. As to the distribution of software, hardware or documentation  via the online shop or via this download site, the conditions of use or the licensing conditions that are provided separately for such purpose by S.E.A. Datentechnik GmbH or the manufacturer of the software and that stipulate the rights and duties of the customer, S.E.A. Datentechnik GmbH and the manufacturer of the software in connection with the use of the software purchased by the customer apply in addition to the general conditions of business. The conditions of use or the licensing conditions applicable to the software, hardware or documentation will be made available to the customer as a hard copy or electronic file upon delivery at the latest. With the download or installation of the software, the customer acknowledges and agrees to the conditions of use or the licensing conditions applicable to the product. The purchase does not imply the acquisition of rights in the software going beyond those stipulated in the prevailing conditions of use or licensing conditions on the part of the customer. All copyrights and other rights in the software, hardware, its contents and supplementary documentations are reserved.
2. The software and documentation is provided to the customer within the online website made available to him for download, according to the product specification. When making the software available to the customer. The software downloaded is usually not fully operable at first but can be activated in the unrestricted full version acquired by the customer in the online shop after installation by entering a licence code provided to the customer by S.E.A. Datentechnik GmbH in writing or by e-mail.
3. The customer has the right to make backup copies of the delivered data carriers and the software exclusively for personal use.
4. If an internet connection is required for the use of the software sold by S.E.A. Datentechnik GmbH, such internet connection and the installation of the software possibly required to use the internet connection will be procured by the customer at his expense. The customer is responsible for that the technical requirements to be fulfilled on his part for the use of the software are actually complied with - in particular as regards the hardware to be applied, the necessary operating system and the internet connection, if required - whereby the instructions given by S.E.A. Datentechnik GmbH as to the software acquired by the customer must be observed by the customer. All rights to make technical modifications are reserved and S.E.A. Datentechnik GmbH will notify the customer of such modifications in due time. If the software, hardware or documentation is advanced or modified by S.E.A. Datentechnik GmbH (e.g. in the case of updates), it is up to the customer to take the measures required for the adjustment of the software and hardware used by him. The customer has no right to claim that the advanced or modified software, hardware or documentation  must be executable or applicable with the customer equipment or with the delivered S.E.A. products.
5. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE AND HARDWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS S.E.A. FROM ANY 3RD PARTY SUIT TO THE EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF THE HARDWARE AND SOFTWARE IN YOUR USE. WITHOUT LIMITATION, THE HARDWARE AND SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS,  AIR TRAFFIC CONTROL EQUIPMENT OR MEDICAL APPLICATIONS, WHERE THE FAILURE OF THE HARDWARE OR SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL,  ENVIRONMENTAL OR DAMAGE or PECUNIARY LOSS of ANY KIND.
   ALL RIGHTS NOT EXPRESSIVELY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED TO S.E.A.  DATENTECHNIK GmbH.
6. Judgment
   The S.E.A. products may be used in embedded applications, like control or measurement systems as well as for position or timing determination or for communication purposes. E.g. they deliver the geo coordinates up to certain accuracy, but does not substitute the needs of careful steering and good judgment. Please refer to the latest version of the user manual and hardware and software manuals (see S.E.A. Website at www.sea-gmbh.com) for the possible accuracy deviations. The products may never be used  for navigation purposes. Never only rely on one single tool or apparatus for positioning and navigation.

1. The provided documentation is provided as is without any warranties of any kind and is solely for information purposes.
2. Software
   Follow the installation instructions as stated and described in the user hardware manual and user software manual, as well as the specific hardware operating instructions delivered with the system.
   The software supplied is solely for usage along with S.E.A. provided hardware. Making copies is only valid for backup reasons.  Modification or reverse engineering of the software is prohibited unless expressively provided by written agreement of an authorized S.E.A. representative or authorized by applicable laws. The software is the property of S.E.A. and is protected by international copyright treaties and statutory provisions. The user receives only the non-exclusive license to use the software for the accompanied hardware for contractual purposes. Making unauthorized copies or multiple use of the software on more than one computer system is strictly forbidden. You have especially no rights to sub-license, lease, or rent the software.
   Notice
   In order to help you fulfilling any warranty obligations or provide you with safety instructions, read comprehensively the hardware operating instructions (hardware manual, software manual) BEFORE operating the hardware and software.
3. WARNING REGARDING USE OF S.E.A. Datentechnik GmbH PRODUCTS
   (1) S.E.A. PRODUCTS ARE NOT DESIGNED WITH COMPONENTS AND TESTING FOR A LEVEL OF RELIABILITY SUITABLE FOR USE IN OR IN CONNECTION WITH SURGICAL IMPLANTS OR AS CRITICAL COMPONENTS IN ANY LIFE SUPPORT SYSTEMS WHO’S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO CAUSE SIGNIFICANT INJURY TO A HUMAN.
   (2) IN ANY APPLICATION, INCLUDING THE ABOVE, RELIABILITY OF OPERATION OF THE SOFTWARE PRODUCTS CAN BE IMPAIRED BY ADVERSE FACTORS, INCLUDING BUT NOT LIMITED TO FLUCTUATIONS IN ELECTRICAL POWER SUPPLY, COMPUTER HARDWARE MALFUNCTIONS, COMPUTER OPERATING SYSTEM SOFTWARE FITNESS, FITNESS OF COMPILERS AND DEVELOPMENT SOFTWARE USED TO DEVELOP AN APPLICATION, INSTALLATION ERRORS, SOFTWARE AND HARDWARE COMPATIBILITY PROBLEMS, MALFUNCTIONS OR FAILURES OF ELECTRONIC MONITORING OR CONTROL DEVICES, TRANSIENT FAILURES OF ELECTRONIC SYSTEMS (HARDWARE AND/OR SOFTWARE), UNANTICIPATED USES OR MISUSES, OR ERRORS ON THE PART OF THE USER OR APPLICATIONS DESIGNER (ADVERSE FACTORS SUCH AS THESE ARE HEREAFTER COLLECTIVELY TERMED “SYSTEM FAILURES”). ANY APPLICATION WHERE A SYSTEM FAILURE WOULD CREATE A RISK OF HARM TO PROPERTY OR PERSONS (INCLUDING THE RISK OF BODILY INJURY AND DEATH) SHOULD NOT BE RELIANT SOLELY UPON ONE FORM OF ELECTRONIC SYSTEM DUE TO THE RISK OF SYSTEM FAILURE. TO AVOID DAMAGE, INJURY, OR DEATH, THE USER OR APPLICATION DESIGNER MUST TAKE REASONABLY PRUDENT STEPS TO PROTECT AGAINST SYSTEM FAILURES, INCLUDING BUT NOT LIMITED TO BACK-UP OR SHUT DOWN MECHANISMS.
   BECAUSE EACH END-USER SYSTEM IS CUSTOMIZED AND DIFFERS FROM S.E.A.s' TESTING PLATFORMS AND BECAUSE A USER OR APPLICATION DESIGNER MAY USE  S.E.A. PRODUCTS IN COMBINATION WITH OTHER PRODUCTS IN A MANNER NOT EVALUATED OR CONTEMPLATED BY S.E.A., THE USER OR APPLICATION DESIGNER IS ULTIMATELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SUITABILITY OF S.E.A. PRODUCTS WHENEVER S.E.A. PRODUCTS ARE INCORPORATED IN A SYSTEM OR APPLICATION, INCLUDING, WITHOUT LIMITATION, THE APPROPRIATE DESIGN, PROCESS AND SAFETY LEVEL OF SUCH SYSTEM OR APPLICATION.
4. Disclaimer and Limitation of Liability
   S.E.A. Datentechnik GmbH and its subsidiaries assume no responsibility for any damage, personal injury or loss resulting from the use of this product, software or documentation.
   S.E.A. Datentechnik GmbH and its subsidiaries assume no responsibility for any loss or claims by third parties which may arise through the use of the hardware, software or documentation or any other products.
   S.E.A. Datentechnik GmbH and its subsidiaries assume no responsibility for any damage or loss caused by deletion of data as a result of malfunction, dead battery, or repairs. Under no circumstances shall S.E.A. Datentechnik GmbH  and its subsidiaries are responsible for any loss of data or income or any special, incidental, consequential or indirect damages howsoever caused.
   The contents of the documentation, manuals etc. are provided “as is”. Except as required by applicable laws, no warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, are made in relation to the accuracy, reliability or contents of this user guide.
   S.E.A. Datentechnik GmbH reserves the right to revise this disclaimer, accompanied documentation or withdraw it at any time without prior notice.
   S.E.A. Datentechnik GmbH reserves the right to make changes and improvements to any hardware or software.
   Only qualified and especially trained personnel are allowed to handle the hardware and software. Appropriate trainings are offered by S.E.A.
   S.E.A. is not liable for damages caused by disregard of safety regulations or any other fault of a user.
5. This agreement terminates automatically when you fail to comply with the terms and conditions of this agreement. When this agreement terminates you must destroy or delete all copies of the software and documentation.
6. All matters concerning the hardware, software or documentation delivered, contractual issues are subject to German law only. Venue is Troisdorf.
   If you are unsure about the usage of the products please contact:
   
   S.E.A. Datentechnik GmbH
   Mülheimer Str. 7
   53840 Troisdorf
   Tel.. +49 2241 127 37 0
   info@sea-gmbh.com
   
   Troisdorf,  18.Nov.2017