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ReinerSchinkoethe merged 1 commit into from
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chore: update license file to version 1.4 #32

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74 changes: 37 additions & 37 deletions LICENSE.md
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**Royalty-free Software provided by Siemens on sharing platforms for developers/users of Siemens products**
# Royalty-free Licensed Material provided by Siemens on sharing platforms for developers/users of Siemens products

**1. General information: Software in source code and object code**
**Version 1.4 – 12.03.2025**

**1.1 Use of the Software**
## 1. General information

Siemens AG and/or a subsidiary of Siemens AG ("Siemens") provides You royalty-free container images, application examples, sample code and software development kits ("Software") through sharing platforms (e.g. GitHub, DockerHub, NuGet, etc.). The Software shall only be used for the development and test of software which can be used with Siemens products ("intended purpose"). The Software is non-binding and makes no claim to completeness or functionality. The Software merely offers help with typical tasks and provides an environment for developing and testing applications and other software. You Yourself are responsible for the proper and safe operation of Your products in accordance with applicable regulations and must also check the function of the results of the Software and customize Your products. Siemens reserves the right to make changes to the Software at any time without notice. Software may be provided in object code and/or source code format. Unless explicitly granted in the open source license according to article 2, You shall not decompile, translate, extract, modify or distribute the Software.
### 1.1 Use of the Licensed Material

**1.2 Security information**
Siemens AG and/or a subsidiary of Siemens AG ("Siemens") provides You royalty-free container images, application examples, documentation, sample code and software development kits ("Licensed Material") through sharing platforms (e.g. GitHub, DockerHub, NuGet, etc.). The Licensed Material shall only be used for the development and test of software which can be used with Siemens products ("intended purpose"). The Licensed Material is non-binding and makes no claim to completeness or functionality. The Licensed Material merely offers help with typical tasks and provides an environment for developing and testing applications and other software. You Yourself are responsible for the proper and safe operation of Your products in accordance with applicable regulations and must also check the function of the results of the Licensed Material and customize Your products. Siemens reserves the right to make changes to the Licensed Material at any time without notice. Software may be provided in object code and/or source code format.

### 1.2 Security information

Siemens provides products and solutions with industrial security functions that support the secure operation of plants, systems, machines and networks.

In order to protect plants, systems, machines and networks against cyber threats, it is necessary to implement – and continuously maintain – a holistic, state-of-the-art industrial security concept. Siemens' products and solutions constitute one element of such a concept.
Customers are responsible for preventing unauthorized access to their plants, systems, machines and networks. Such systems, machines and components should only be connected to an enterprise network or the internet if and to the extent such a connection is necessary and only when appropriate security measures (e.g. firewalls and/or network segmentation) are in place.

For additional information on industrial security measures that may be implemented, please visit
<https://www.siemens.com/industrialsecurity>.

**1.3 Compliance with Export Control Regulations**
Customers are responsible for preventing unauthorized access to their plants, systems, machines and networks. Such systems, machines and components should only be connected to an enterprise network or the internet if and to the extent such a connection is necessary and only when appropriate security measures (e.g. firewalls and/or network segmentation) are in place.

You shall comply with all applicable sanctions, embargoes and (re-)export control regulations, and, in any event, with those of the European Union and the United States of America (collectively "Export Regulations"). In particular, the information, software and documentation provided by Siemens (collectively "Licensed Material") shall not be used, accessed or transferred, unless permitted by the Export Regulations or respective governmental licenses or approvals, (i) in or to any location prohibited by or subject to comprehensive sanctions (currently Russia, Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine, Donetsk and Luhansk regions of Ukraine) or license requirements according to the Export Regulations; (ii) by or to any individual or entity designated on a sanctioned party list of the Export Regulations; (iii) for any purpose prohibited by the Export Regulations (e.g. use in connection with armaments, nuclear technology or weapons); or (iv) to upload any content unless it is noncontrolled (e .g. in the EU: AL = N; in the U.S.: ECCN = N or EAR99). If required to enable authorities or Siemens to conduct export control checks, You, upon request by Siemens, shall promptly provide Siemens with all information pertaining to You, the intended use and the location of use of the Licensed Material. Siemens shall not be obligated to fulfill this Agreement if such fulfillment is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions.
For additional information on industrial security measures that may be implemented, please visit https://www.siemens.com/industrialsecurity.

**1.4 Hyperlinks and third party content**
### 1.3 Compliance with Export Control Regulations

The Software and / or the documentation may contain hyperlinks to the web pages of third parties or references to third party content. Siemens shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Siemens does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be Your sole risk.
You shall comply with all applicable sanctions, embargoes and (re-)export control regulations, and, in any event, with those of the European Union and the United States of America (collectively "Export Regulations"). The Licensed Material shall not be used, accessed or transferred, unless permitted by the Export Regulations or respective governmental licenses or approvals, (i) in or to any location prohibited by or subject to comprehensive sanctions (currently Russia, Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine, Donetsk and Luhansk regions of Ukraine) or license requirements according to the Export Regulations; (ii) by or to any individual or entity designated on a sanctioned party list of the Export Regulations; (iii) for any purpose prohibited by the Export Regulations (e.g. use in connection with armaments, nuclear technology or weapons); or (iv) to upload any content unless it is noncontrolled (e.g. in the EU: AL = N; in the U.S.: ECCN = N or EAR99). Upon request by Siemens, You shall promptly provide Siemens with all information pertaining to You, the intended use and the location of use of the Licensed Material. Siemens shall not be obligated to fulfill its obligation under section 2 if such fulfillment is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions. You acknowledge that Siemens may be obliged under the Export Regulations to limit or suspend access by You to the Licensed Materials.

**2. Open Source License for Software provided in source code and the generated source code**
### 1.4 Hyperlinks and third-party content

In case the Software contains or generates source code the following open source license (Open license terms) shall apply for such source code:
The Licensed Material may contain hyperlinks to the web pages of third parties or references to third-party content, including but not limited to screenshots, explanations for third-party products / websites / manuals (all together "third-party content"). All trademark rights of the referenced websites and of the third-party content are owned by third parties. Siemens shall have no liability for the third-party contents of such web pages or references and does not make representations about or endorse such web pages or their contents as its own, as Siemens does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages or third-party content shall be Your sole risk.

MIT License

Copyright 2022 Siemens AG
## 2. License Grant

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
Siemens grants You the royalty-free and non-exclusive right to use, have used the Licensed Material by technically trained personnel and for the intended purpose only.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
### 2.1 Licensed Material provided in object code and included third-party components

To the extent there is a conflict between this terms and conditions and the Open License Terms, the Open License Terms shall prevail over this terms and conditions with regard to source code.
All portions of the Licensed Material that are provided in object code format. You shall not decompile, translate, extract, modify or distribute the software, unless explicitly granted in the open source license according to article 2.2.

You acknowledge and agree that Siemens provides no warranties, express or implied, for the open source software itself. Siemens shall have no liability nor shall Siemens provide any indemnification whatsoever in respect of Your distribution or modification of the open source software.
Insofar as open source software is included in the Licensed Material such open source software is listed in the Readme_OSS file of the Software. You are entitled to use the open source software in accordance with the respective applicable license conditions of the open source software. These open source software license conditions are included with software and shall prevail over these Royalty-Free Siemens Licensed Material Conditions. The open source software license conditions shall have priority also in relation to the proprietary Siemens components insofar as the open source software license conditions grant You certain rights of use on the basis of the connection of open source software components with proprietary Siemens components.

**3. Software provided in object code**
The Licensed Material may, in addition to open source software, contain other licensed software, i.e. software which was not developed by Siemens itself, but which Siemens has obtained from third parties, e.g. Microsoft Ireland Operations Ltd, under a license. If You shall receive in such case the conditions of the respective licensor of the licensed software in the Readme_OSS file, these shall apply to the liability of the licensor in relation to You. In terms of the liability of Siemens to You, these Royalty-Free Siemens Licensed Material Conditions shall apply in each case.

For all portions of the Software that are provided in object code format the following conditions shall apply ("Royalty-Free Siemens Software Conditions"):
### 2.2 Open Source License for Licensed Material provided in source code and the generated source code

**3.1 License Grant**
In case the Licensed Material contains or generates source code and there are no Restrictions according to defined in article 2.3 that opposes or restricts this, the following open source license ("Open License Terms") shall apply:

Siemens grants You the royalty-free, non-exclusive, non-sublicensable and non-transferable right to use, have used the Software by technically trained personnel and for the intended purpose only.

**3.2 Included third-party software components**
MIT License

Copyright 2022 Siemens AG

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Insofar as Open Source Software is included in the Software, such Open Source Software is listed in the Readme_OSS file of the Software. You are entitled to use the Open Source Software in accordance with the respective applicable license conditions of the Open Source Software. These OSS license conditions are included with Software and shall prevail over these Royalty-Free Siemens Software Conditions. The Open Source Software license conditions shall have priority also in relation to the proprietary Siemens components insofar as the Open Source Software license conditions grant You certain rights of use on the basis of the connection of OSS components with proprietary Siemens components.
To the extent there is a conflict between this terms and conditions and the Open License Terms, the Open License Terms shall prevail over this terms and conditions with regard to source code.

Siemens shall make available to You, at Your request, the Open Source Software source code in return for payment of a fee to compensate for expenses insofar as the license conditions of the Open Source Software require such release of the source code.
You acknowledge and agree that Siemens provides no warranties, express or implied, for the open source software itself. Siemens shall have no liability nor shall Siemens provide any indemnification whatsoever in respect of Your distribution or modification of the open source software.

The Software may, in addition to Open Source Software, contain other licensed software, i.e. software which was not developed by Siemens itself, but which Siemens has obtained from third parties, e.g. Microsoft Ireland Operations Ltd, under a license. If You shall receive in such case the conditions of the respective licensor of the licensed software in the Readme_OSS file, these shall apply to the liability of the licensor in relation to You. In terms of the liability of Siemens to You, these Royalty-Free Siemens Software Conditions shall apply in each case.
### 2.3 Restrictions

**3.3 Disclaimer of liability**
You shall comply with all current restrictions and obligations – if any available – provided in an optional file named "RESTRICTIONS.md" or otherwise associated with the respective part of the Licensed Material ("Restrictions").

Siemens shall not assume any liability, for any legal reason whatsoever, including, without limitation, liability for the usability, availability, completeness and freedom from defects of the Software as well as for the Licensed Material and any damage caused thereby. This shall not apply in cases of mandatory liability, for example product liability law or in cases of intent, gross negligence, or culpable loss of life, bodily injury or damage to health, non-compliance with a guarantee, fraudulent non-disclosure of a defect, or culpable breach of material contractual obligations. Claims for damages arising from a breach of material contractual obligations shall however be limited to the foreseeable damage typical of the type of agreement, unless liability arises from intent or gross negligence or is based on loss of life, bodily injury or damage to health. The foregoing provisions do not imply any change in the burden of proof to Your detriment. You shall indemnify Siemens against existing or future claims of third parties in this connection except where Siemens is mandatorily liable.
## 3 Disclaimer of liability

By using the Software and the Licensed Material, You acknowledge that Siemens cannot be held liable for any damage beyond the liability provisions described.
Siemens shall not assume any liability, for any legal reason whatsoever, including, without limitation, liability for the usability, availability, completeness and freedom from defects of the Licensed Material and any damage caused thereby. This shall not apply in cases of mandatory liability, for example product liability law or in cases of intent, gross negligence, or culpable loss of life, bodily injury or damage to health, non-compliance with a guarantee, fraudulent non-disclosure of a defect, or culpable breach of material contractual obligations. Claims for damages arising from a breach of material contractual obligations shall however be limited to the foreseeable damage typical of the type of agreement, unless liability arises from intent or gross negligence or is based on loss of life, bodily injury or damage to health. The foregoing provisions do not imply any change in the burden of proof to Your detriment. You shall indemnify Siemens against existing or future claims of third parties in this connection except where Siemens is mandatorily liable.

Royalty-Free Software License Version 1.2 – 26.07.2023
By using the Licensed Material, You acknowledge that Siemens cannot be held liable for any damage beyond the liability provisions described.