Use, upgrade and download of Helvest Systems GmbH’s software and firmware products
General License Conditions for software and firmware products of Helvest Sysyems GmbH, route des Pervenches 1, 1700 Fribourg (CH).
The user is requested to read the license conditions before using the Helvest software and firmware products or performing any operations on them.
By purchasing a Helvest product, or by downloading, installing or updating any software, firmware or application made available to the public, you declare your consent to the terms of this agreement. If you do not agree to these conditions, you are not permitted to download or use any software or firmware products.
1. Field of application
1.1 These license terms and conditions apply to the use of software products that can be downloaded free of charge or purchased from www.helvest.ch, for firmware on the products at the time of purchase or firmware given to be installed on electronic equipment produced by Helvest Systems GmbH or for updating them, and/or for applications to be installed on mobile devices or IoTs. We expressly reserve the right to make changes and additions. In addition, our General Terms and Conditions of Sale apply in the version applicable from time to time.
2. subject of the licence
2.1 Subject of the license are:
– the pre-installed firmware available on “Helvest” modular devices fir model railroading.
– further versions of the software/firmware and related updates downloadable from our site by our customers.
– the PC application for managing the diagnostics and updating of the above mentioned devices.
2.2 The Licensee is responsible for the technical requirements of his computer for the installation of the software, as well as the related updates.
2.3 The Licensee acknowledges that it is not possible to implement software that is completely error-free in all situations. The subject of the license is therefore the software that can be used without substantial inconvenience in the versions available from time to time.
3.1 The software and firmware provided are protected by copyright laws.
3.2 The Licensee acknowledges that he is not entitled to any rights to the software and firmware outside of these license conditions and that these rights remain with the licensor or the copyright holder, as the case may be.
3.2 There is no right to obtain the source code or a decrypted executable code.
4 Granting of usage rights
4.1 Within the scope of these provisions, the customer receives a personal, non-exclusive right of use (license) for the firmware and software purchased and/or downloaded in the version provided at the time of acquisition. The customer is obliged to use the firmware and software for personal purposes only.
4.2 The customer is authorized to install the software only on personal devices for personal use, making as many copies as is strictly necessary for this purpose.
4.3 The customer is only entitled to install the supplied firmware on electronic products manufactured by Helvest Systems GmbH, unless otherwise specified by the Licensee.
4.4 The customer may not reproduce software or firmware or parts thereof. He may not professionally distribute the software or parts thereof or grant sublicenses.
4.5 The customer may not modify, remove or otherwise make unrecognizable copyright notices, trademarks, manufacturer ID, serial numbers or other features contained in the software and firmware.
4.6 The customer may not modify the software. Decompilation is not permitted, except in cases provided for by law.
4.7 The customer may not modify the firmware, nor attempt to decrypt the executable code, provided in a protected form on the site, nor violate in any other way the protections put in place by the licensee to protect its copyright.
4.8 Replacing the factory installed bootloader with another one is not prohibited. However, by doing so, the customer loses all rights to use, restore and update the proprietary firmware as well as any form of warranty.
4.9 The customer is not authorized to supply or transfer firmware and software to third parties. Likewise, the customer may not provide third parties with any passwords or access codes for the software or related databases. If a third party is interested in the software, he can contact the Helvest Systems GmbH licensor directly by email or by contact form on the website.
5. Right of withdrawal
5.1 Either party may terminate this license for legitimate reasons. The licensor shall be deemed to have a cause, in particular if the customer does not comply with the provisions of section 4 of these license conditions, especially if it is repeated. In the event of termination, the customer is obliged to delete or destroy all data in his possession, including any access passwords and any copies of the software. Upon request of the licensor, the customer shall confirm the deletion or total destruction in writing.
6. Licensee’s liability for defects in the product supplied
6.1 The following clauses apply in addition to the General Terms and Conditions of Sale.
6.2 For products downloaded from the Internet, the licensor assumes no responsibility for any viruses or problems that may occur on the licensee’s devices.
6.3 The licensor warrants that, in the event of regular use, the software will perform the functions described in the product description. The warranty does not include defects resulting from the fact that the software is modified, damaged, used inappropriately or inadequately or otherwise than as stipulated in this license.
6.4 In the event of a claim by the Licensee for malfunctions and a request for repair in accordance with the legal or contractual warranty conditions, the Licensee is not entitled to any rights if the Licensee has failed to take appropriate and technically up-to-date security measures against external actions, in particular against viruses and other phenomena that could put individual data or entire storage devices at risk.
7. Application of the Terms and Conditions of Sale
7.1 In addition, our General Terms and Conditions of Sale apply in the version valid from time to time. In the event of contradiction, the conditions of this license agreement shall have priority.
8 Final provisions
8.1 This contract shall be governed exclusively by Swiss law.
8.2 Place of performance shall be the licensor’s registered office.
8.3 If the Customer is a merchant, a legal entity under public law or a corporate body under public law, the exclusive place of jurisdiction for all claims arising from the contractual relationship shall be Fribourg.
Some portions of Helvest software/firmware may utilize the following copyrighted material, the use of which is hereby acknowledged:
- avrSerial by Thomas Buck