1. Prerequisite Conditions of the TRENTOS End User License Agreement (EULA)
Please read the following End User License Agreement (“EULA”) carefully before YOU purchase a License or enter into a license agreement for the TRENTOS and/or subsequently download and/or use the TRENTOS.
By purchasing a License and/or downloading and using the TRENTOS, You agree, without reservation to be bound by the terms and conditions of this EULA. If YOU do not agree with the terms and conditions of this EULA, please do not purchase a License and/or download and/or use the TRENTOS.
If YOU accept the terms and conditions in this EULA on behalf of a company or other legal entity, YOU warrant that YOU have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
YOU may not accept this EULA if You are not of legal age to form a binding contract with Hensoldt Cyber.
In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
- “Academic version” the license for the TRENTOS for the term specified on the webpage of the store where YOU purchase the license, or in any applicable agreement concerning the purchase of the license to Use the TRENTOS for the sole purpose of instruction and research;
- “Contributor” YOU when YOU are assigned the role of contributor via the Hensoldt Cyber collaboration tool Hensoldt Cyber for Teams;
- “Documentation” the detailed information about the TRENTOS, its features and the system requirements as made available on the website of Hensoldt Cyber, as amended from time to time;
- “Evaluation version“ the license for the TRENTOS for the term specified on the webpage of the store where YOU purchase the license, or in any applicable agreement concerning the purchase of the license to Use the TRENTOS for the sole purpose of testing and evaluating the TRENTOS;
- “Evaluation” testing and developing new applications on the basis of TRENTOS Evaluation version excluding commercial use.
- “Full version” the license for the TRENTOS for the term specified on the webpage of the store where YOU purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription or package) to Use the TRENTOS;
- “Hensoldt Cyber” Hensoldt Cyber GmbH, Willy-Messerschmitt-Strasse 3, 82024 Taufkirchen Germany with chamber of commerce registration number HRB236520, District Court of Munich and VAT number DE315880109;
- “LICENSED SOFTWARE” means a software product accompanying this LICENSE (or is obtained electronically for use under this LICENSE) that includes computer software in binary and source code form, other information and documentation in its then current release version and can be identified as a part of TRENTOS;
- “Open Source Software” any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software
(a) be disclosed or distributed in source code form, and
(b) be licensed for the purpose of making and/or distributing derivative works is provided under the terms of the license of origin, and
(c) be redistributable at no charge;
- “TRENTOS” the software application as well as components and/or all of the contents of the files and/or other media, including software setup files, licensed to YOU by Hensoldt Cyber, including any Updates and excluding free and open source software components.
- “Updates” any modified versions of TRENTOS within major releases of the software comprising corrections and minor functional changes. (excluding upgrades of the TRENTOS);
- “Upgrades” major releases of TRENTOS adding functions, features and corrections.
- “Use” the access, download, install, copy or get benefit from using the TRENTOS in accordance with the documentation;
- “YOU” YOU, the final and ultimate user of the TRENTOS or the authorized representative of a company or other legal entity that will be the final and ultimate user of the TRENTOS, and the company or other legal entity that will be the final and ultimate user of the TRENTOS, as and if applicable.
- This EULA applies to any licenses granted to You by Hensoldt Cyber for the use of the TRENTOS.
- By purchasing a License and/or downloading and using the TRENTOS, YOU enter into this EULA with Hensoldt Cyber without reservation.
- This EULA may be modified from time to time. Hensoldt Cyber will notify you of such modifications on its website or otherwise.
- Hensoldt Cyber grants YOU a non-exclusive, non-transferable, limited, revocable license to Use the TRENTOS in accordance with this EULA. Hensoldt Cyber reserves all rights not expressly granted to YOU.
- Hensoldt Cyber is and remains the owner of any intellectual property rights with respect to the TRENTOS. You shall not acquire any ownership to the TRENTOS as a result of YOUR purchase of the License or YOUR Use of the TRENTOS.
5. License versions
Hensoldt cyber defines four possible ways to purchase the TRENTOS:
- Academic Version
- Intended use-cases
- Instruction – Academic institutions and their members, employees and staff as well as private persons gain access to TRENTOS software licenses for reduced costs for the purpose of classroom instruction.
- Research – Academic institutions and their members, employees and staff as well as private persons gain access to TRENTOS software licenses for reduced costs as a part of their non-commercial research projects.
- Specific license terms
- Each instructor of qualified courses requires one license. Students taking qualified courses can also install program software on their personal computers for the term of said courses plus 120 days.
- The program software can be installed in research labs as well as on the personal computers of faculty and students involved in research projects. Each installation requires one license.
- Binaries generated by the LICENSED SOFTWARE do not require runtime licenses given that they are used in temporary academic applications for the purpose of instruction and research.
- The software shall only used within the organization purchasing the license. Binaries generated by the LICENSED SOFTWARE may not be distributed outside of the organization purchasing the license.
- Evaluation Version
- Intended use-case
- Evaluation – any non-academic, commercially acting company, institution or user using the TRENTOS is dealt with as a commercial customer. They gain access to TRENTOS Evaluation by purchasing an evaluation license to evaluate and test the program software for customer´s internal evaluation purposes only.
- Specific license terms:
- The program software can be installed on any personal computer within the organization purchasing the license. Each installation requires one license.
- Binaries generated by the LICENSED SOFTWARE do not require runtime licenses given that they are used temporarily for the purpose of evaluation and testing. With each license a maximum number of three devices may be used with binaries at any given time in parallel.
- The program software shall only be used within the organization purchasing the license. Binaries generated by the LICENSED SOFTWARE may not be distributed outside of the organization purchasing the license.
- Full Version
- Intended use-case
- Commercial – any non-academic, commercially acting company, institution or user using the TRENTOS is dealt with as a commercial customer. They gain access to TRENTOS by purchasing a commercial license. The program software can be installed on any personal computer. There are no restrictions regarding focus and use case.
- Specific license terms:
- Program software can be installed on any personal computer within the organization purchasing the license. Each installation requires one license.
- Binaries generated by the LICENSED SOFTWARE do not require runtime licenses given that they are used temporarily for the purpose of development and testing. With each license a maximum number of three devices may be used with binaries at any given time in parallel.
- Software shall only be used within the organization purchasing the license. Binaries generated by the LICENSED SOFTWARE may be distributed outside of the organization purchasing the license, also for commercial purposes. Each binary running on a device requires one runtime license.
- Runtime license
Each Binary generated by the LICENSED SOFTWARE running on an embedded device requires one runtime license, unless included in the academic license, evaluation license or full license as specified above.
6. Permitted use and restrictions
By copying (except for the sole purpose of making a backup copy), using, modifying, or distributing all or part of YOUR copy of the LICENSED SOFTWARE YOU accept all the terms and conditions of this LICENSE.
- Hensoldt Cyber may modify the TRENTOS at any time at its sole discretion and without prior notice to YOU, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
- Certain components of the TRENTOS are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. You shall adhere to these terms and conditions.
- License Grant
Subject to the restrictions and conditions in Clause 4 below and to third party intellectual property claims YOU MAY for commercial or non-commercial purposes on a world-wide, non-exclusive and perpetual basis (subject to clauses in chapter 11).
- make ADAPTATIONS of the LICENSED SOFTWARE in binary or source code form.
ADAPTATIONS means any work (i.e. code, document, etc.) based on the LICENSED SOFTWARE or any part of it, for example
- any work incorporating the LICENSED SOFTWARE or any part of it,
- any work incorporating any modified form of the LICENSED SOFTWARE or any part of it (e.g. where the LICENSED SOFTWARE is rewritten in a different computer language or converted to operate on a different type of CPU), or
- any work otherwise covered by any of Hensoldt Cyber’ or any third party’s intellectual property rights in the LICENSED SOFTWARE.
- YOU are not obliged to make ADAPTATIONS of the LICENSED SOFTWARE public.
- use and copy the LICENSED SOFTWARE and/or ADAPTATIONS in binary or source code form provided that each copy of the LICENSED SOFTWARE and ADAPTATIONS shall retain all existing copyright notices in files and directories. Where non-trivial extracts are taken from the LICENSED SOFTWARE YOU must ensure the extracts contain appropriate copyright notices based on the existing copyright notices pertaining to the files and/or directories from which the extracts were taken including a reference to this LICENSE.
- distribute the LICENSED SOFTWARE or ADAPTATIONS in binary form (including INSTALLATIONS as defined hereinafter), however, limited to the appropriate number of valid RUNTIME PERMITS for that distribution. “RUNTIME LICENSE” means a worldwide, perpetual, non-exclusive right to (a) reproduce the LICENSED SOFTWARE in its then current and any later release version and (b) distribute one copy thereof per each RUNTIME LICENSE for incorporating the LICENSED SOFTWARE or ADAPTATION in one computing device or system (“INSTALLATION”). The RUNTIME LICENSE can be ordered in single units.
- choose to offer and to make a charge for support, warranties, indemnity or liability obligations (“Additional Terms”) provided always that YOU may only offer such Additional Terms on YOUR own behalf and as YOUR exclusive responsibility and not on behalf of HENSOLDT Cyber. If YOU offer Additional Terms YOU must offer them under an agreement of YOUR own separate from this one and YOU hereby agree to indemnify, defend hold harmless HENSOLDT Cyber its employees and agents for any liability arising directly or indirectly as a result of any such Additional Terms.
- License Restrictions and Conditions
Notwithstanding Clause 3 above YOU MAY NOT:
- rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License;
- Use for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
- delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the TRENTOS;
- distribute copies of any source code in the LICENSED SOFTWARE to other individuals or organizations outside YOUR organization (including your subsidiaries and subcontractors) except where the distribution is under the terms of the FREE SOFTWARE LICENSE,
- allow distribution of more binary copies of the LICENSED SOFTWARE than the number of RUNTIME PERMITS purchased by YOU from Hensoldt Cyber except where that distribution is under the terms of the FREE SOFTWARE LICENSE or the LICENSED SOFTWARE does not require such payments.
7. Maintenance and support
- Hensoldt Cyber will notify YOU by e-mail or on our website of any available Updates and upgrades, unless YOU have purchased the Evaluation version.
- YOU are not entitled to receive updates and upgrades free of charge, if YOU have purchased the Evaluation version or Academic version.
- YOU will be entitled to receive Updates free of charge during a period of twelve (12) months upon purchasing the License for the Full version. In order to receive Updates after this twelve months’ period, YOU will need to renew your License for the Full version.
- YOU may need to pay an additional fee in order to be able to download an upgrade.
- Any maintenance and support provided by Hensoldt Cyber, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any expressed or implied warranty, as soon as reasonably practicable, subject to availability of adequate personnel resources.
8. Privacy and use of data
- Hensoldt Cyber and its subsidiaries may periodically collect and use technical and related data concerning the TRENTOS YOU have licensed, including about the version number of the TRENTOS YOU have installed and about the system YOU have installed the TRENTOS on. Hensoldt Cyber will use such data to facilitate maintenance and support with respect to the TRENTOS, to improve its products and to provide further services or technologies to YOU.
- Hensoldt Cyber may process personal data with respect to YOU, if and to the extent necessary to provide the License, to provide maintenance and support to YOUwith respect to the TRENTOS and to comply with its obligations under this EULA. To the extent Hensoldt Cyber will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement (available at https://hensoldt-cyber.com/data-privacy-statement/) for more details on the processing of YOUR personal data that Hensoldt Cyber may have collected and received through its products, services or website https://hensoldt-cyber.com.
- YOU use the TRENTOS at YOUR own risk and the entire risk as to satisfactory quality, performance and accuracy is solely with YOU.
- The TRENTOS and accompanying documentation are provided on an “as is” and “as available” basis without any warranty – express or implied – of any kind, and Hensoldt Cyber specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Hensoldt Cyber, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and YOU may not rely upon such information or advice.
10. Liability limitation
- The liability of Hensoldt Cyber and any third party that has been involved in the creation, production, or delivery of the TRENTOS for all damages arising out of or in any way relating to the Full version, the Evaluation version, the Academic version or the Runtime License, the TRENTOS and/or this EULA shall in no event exceed the total amount of the price initially paid for the license.
- Hensoldt Cyber and any third party that has been involved in the creation, production, or delivery of the TRENTOS are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the TRENTOS).
- The limitations of liability referred to in clause 10.1 and 10.2 shall not apply in the event that: (i) any negligence on the part of Hensoldt Cyber leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Hensoldt Cyber or the management of Hensoldt Cyber.
- Liability issues resulting from the modification of TRENTOS must be borne by the user. Liability issues for Hensoldt Cyber GmbH are explicitly excluded.
- This EULA will continue to be in force until the expiry of the the Academic version.
- The Full version, the Evaluation version, the Academic version or the Runtime License will terminate automatically at the end of the applicable license term, unless renewed to the end of the applicable license term.
- Hensoldt Cyber is entitled to terminate the Full version, the Evaluation version, the Academic version or the Runtime License by blocking the License during the license term with immediate effect and without prior notice in the event YOU fail to comply with the terms in this EULA, in the event YOU fail to pay YOUR (license) fee for the License within the applicable payment term, in the event YOUR (subscription or license) fee for YOU as Contributor has been failed to pay within the applicable payment term, or in the event Hensoldt Cyber is required to do so by law or an order of an competent applicable court.
- Upon termination of the Full version, the Evaluation version, the Academic version or the Runtime License, YOU shall cease all use of the TRENTOS.
- YOU acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
12. Governing law and disputes
- This EULA shall be governed by and construed in accordance with the laws of Germany, excluding its conflicts of law rules.
- Any dispute between Hensoldt Cyber and You shall exclusively be submitted to the competent court in Munich, Germany.