Common use of Object of Agreement Clause in Contracts

Object of Agreement. a) The object of this agreement is the B&R software, which includes (i) the development tool Automation Studio and (ii) the B&R runtime software, which is used directly in Automation Studio and/or using mechanisms of the Automation Studio or on a B&R automation system, each with the associated tools, program documentation and other associated written materials. b) Unless otherwise expressly regulated in the following or otherwise emphasized, the provisions of this agreement apply in every case to each of the above software programs individually (or their parts) of the B&R software. c) The source code of the B&R software is not considered the subject of the agreement. d) Other services of B&R or of third parties attributable to B&R, such as, in particular, installation of B&R software, training sessions, instruction, support, education, etc., are not the subject of the agreement and shall be commissioned/ agreed separately. e) B&R hereby expressly notes that it is not possible, given the nature of technology currently available, to create software that can function flawlessly in all application conditions, in all applications and/or in all combinations. In particular, no assurance can be given for software that it will function without interruption or completely flawlessly. The B&R software does not feature zero error tolerance. The functionality of the B&R software can also be adversely affected by factors over which B&R has no influence. The only object or content of the agreement (and thereby the performance provided by B&R) is therefore the B&R software which is essentially usable within the meaning of the program description and directions for use. Faults which do not impair or exclude this essential usability are not regarded from the outset as defects or defective performance. Accordingly, the user cannot rely upon complete (“one hundred percent”) functionality of the B&R software, and must take appropriate precautions (such as backup systems, controls, etc.) at its own cost and under its own responsibility in order to avoid losses, especially to third parties. In particular, the user must demonstrably make third parties who may come into contact with the B&R software or who use it or who could use it completely aware of these limitations on functionality in terms of the B&R performance and product descriptions, directions for use, references on the B&R website etc. B&R shall accept no liability for disadvantages of any kind that the user suffers through failure to take such precautions.

Object of Agreement. a) The object of this agreement Agreement is the B&R softwareSoftware, which includesi.e (i) the development tool Automation Studio andAPROL system software, (ii) the B&R runtime software, which is Runtime Software used directly in Automation Studio APROL and/or using with APROL mechanisms of the Automation Studio or on a B&R automation system, each with including the associated toolsruntime functions, as well as (iii) Any Development Tool Together with any associated program documentation and other associated related written materialsmaterial. b) Unless expressly provided otherwise expressly regulated in the following below or otherwise emphasized, the provisions stipulations of this agreement Agreement each apply in every case to each of the above aforementioned software programs individually (or their partsparts thereof) of the B&R softwareSoftware. c) The source code of the B&R software is Software shall not considered be the subject matter of the agreementthis Agreement. d) Other Further services of provided by B&R or of third parties attributable to B&R, in particular such as, in particular, as the installation of B&R softwareSoftware, training sessionstraining, instructionbriefings, instructions, support, education, etc., are shall not the be subject matter of the agreement contract and shall must be commissioned/ ordered/agreed upon separately. e) B&R hereby expressly notes explicitly points out that it is not possible, given the nature of technology currently available, to create software that can function flawlessly in all application conditions, in all applications and/or in all combinations. In particular, no assurance can be given for software that it will function without interruption or completely flawlessly. The B&R software Software does not feature zero error tolerance. The functionality of the B&R software Software can also be adversely affected by factors over which B&R has no influence. The only object or content of the agreement contract (and thereby so subject of the performance provided by agreement of B&R) is therefore the only B&R software Software which is essentially usable within the meaning of the program description and directions for use. Faults which do not impair or exclude this essential usability are not regarded from the outset as defects or defective performance. Accordingly, the user canThe User may therefore not rely upon on the complete (“"one hundred percent”") functionality of the B&R software, Software and must shall take appropriate precautions (such as backup systems, controls, etc.) at its own cost and under its their own responsibility and own expense in order to avoid lossesany damage, especially in particular to third parties. In particular, the user User must demonstrably make third parties who may come into contact with the B&R software Software or who use it or who could use it completely aware of these the limitations on functionality in terms of the our B&R performance and product descriptions, directions for use, references comments on the B&R website website, etc. B&R shall accept accepts no liability for disadvantages detriments of any whatsoever kind that which the user suffers User incurs through failure to take such precautions.

Object of Agreement. a) The object of this agreement is the B&R software, which includes (i) the development tool Automation Studio andStudio, (ii) the B&R runtime software, which is software used directly in Automation Studio and/or using mechanisms of the with Automation Studio mechanisms or on a B&R automation system, including the associated runtime functions, (iii) any development tool each with the associated tools, program documentation and other associated related written materialsmaterial. b) Unless otherwise expressly regulated in the following or otherwise emphasized, the provisions of this agreement apply in every case to each of the above software programs individually (or their parts) of the B&R software. c) The source code of the B&R software is not considered the subject of the agreement. d) Other services of B&R or of third parties attributable to B&R, such as, in particular, installation of B&R software, training sessions, instruction, support, education, etc., are not the subject of the agreement and shall be commissioned/ agreed separately. e) B&R hereby expressly notes that it is not possible, given the nature of technology currently available, to create software that can function flawlessly in all application conditions, in all applications and/or in all combinations. In particular, no assurance can be given for software that it will function without interruption or completely flawlessly. The B&R software does not feature zero error tolerance. The functionality of the B&R software can also be adversely affected by factors over which B&R has no influence. The only object or content of the agreement (and thereby the performance provided by B&R) is therefore the B&R software which is essentially usable within the meaning of the program description and directions for use. Faults which do not impair or exclude this essential usability are not regarded from the outset as defects or defective performance. Accordingly, the user cannot rely upon complete (“one hundred percent”) functionality of the B&R software, and must take appropriate precautions (such as backup systems, controls, etc.) at its own cost and under its own responsibility in order to avoid losses, especially to third parties. In particular, the user must demonstrably make third parties who may come into contact with the B&R software or who use it or who could use it completely aware of these limitations on functionality in terms of the B&R performance and product descriptions, directions for use, references on the B&R website etc. B&R shall accept no liability for disadvantages of any kind that the user suffers through failure to take such precautions.