TOMRA Software License and Warranty

Important! TOMRA Group (TOMRA) licenses the software stored on the TOMRA machine to you only upon the express condition that you accept all the terms contained in and referred to from this license agreement.

The computer software on your TOMRA machine and any supporting software delivered as a part of the installation are compounded by proprietary and third party software (collectively "software") protected by copyright law. The software is licensed (not sold) for use on or together with a specific TOMRA machine or associated computer system (collectively "Machine" or "TOMRA machine"). The software is comprised of:

  1. Software and documentation developed for specific TOMRA machine models (TOMRA-software).
  2. Specific software developed for a country, market (e.g. chain) or region including but not limited to bottle and crate databases (libraries), TOMRA EAN files or other recognition setup files (TOMRA-software).
  3. Third party software, hereunder open source software.
  4. Other machine, language, store or market specific software, data settings or configuration files (TOMRA-software).


All parts of the software are licensed with specific reference to a version or creation date with a right to purchase upgrades when such upgrades are made available by TOMRA and applicable third party licensors.

License

  1. Software. You may operate the software on the designated TOMRA machine. TOMRA-software shall under no circumstances be used concurrently on more than one Machine. Third party software. The TOMRA machine contains software from different third party sources, including open source software, e.g. GNU Linux and non-open source software (closed source software). You expressly agree to be bound by licenses to such software. Licenses to open source software may grant you (and any third party) the right to obtain a copy of the source code and a license to modify, use and redistribute it. In order to comply with the license conditions requiring the publication of the source code of such open source software and for the sake of convenience, such source code is made available on the Internet, rather than in the TOMRA machine, at www.tomra.com/license. This offer for you to download the source code of open source software used in the TOMRA machine is valid for 3 years. Third party software in this TOMRA machine includes software licensed under licenses such as GNU General Public License v. 2 and 3, GNU Lesser General Public License v. 2, Mozilla Public License v.1.1, BSD license and Python License and/or proprietary licenses for closed source software. For a full list of software with corresponding licenses and any source code, see www.tomra.com/license. You hereby accept these terms as binding for you. As neither TOMRA nor you pay a license fee for use of open source software, licenses contain a complete and absolute limitation of liability, hereunder for any loss or damage caused. Such terms shall also apply between you and TOMRA. Further, TOMRA does not warrant for any violation of third party intellectual property rights in third party software of any kind.
  2. Copying. You may copy TOMRA-software into any machine-readable or printed form, but only for backup purposes. You may not loan, rent, lease or sub-license this software or any copy of this software. In cases where the TOMRA machine is sold or otherwise transferred to another legal entity the new entity has to enter into a new license agreement for the relevant area. There are no limitations to the coping of open source software.
  3. Data access. In order to fulfill any separately agreed service obligations towards you, TOMRA may access and use data generated by the software for data administration, data analysis, service provision and support purposes. You may use data generated by the software for business purposes as described in the user guide. Interoperability between the TOMRA machine and other systems under your control, and access to data stored on the TOMRA machine by other methods than those described in the applicable user guide to your TOMRA machine, requires licensing of additional software from TOMRA.
  4. Other restrictions. Any documentation or description of software interfaces provided to you by TOMRA for a specific business purpose is to be regarded as confidential information and shall not be disclosed to any third party without prior written consent of TOMRA. You may not reverse engineer, decompile or disassemble the software, unless the software is open source software.


Term

The license for the software is effective for the duration of your ownership of the TOMRA machine, unless it is open source software, in which case the license normally is perpetual. Any license to software shall lapse if you are in breach of its terms or condition of this agreement.

Limited warranty

TOMRA warrants that storage media (diskette, PROM chips or other memory storage) on which the software is distributed are free from defects in materials and workmanship. TOMRA will replace defective storage media upon return, at no extra charge. TOMRA further warrants that TOMRA-software is developed according to good programming practice and does not contain data virus.

Except as specifically provided herein, TOMRA disclaims all other warranties or representations, expressed or implied, with respect to the software or documentation, including the quality, performance, merchantability or fitness for a particular purpose other than running the TOMRA machine. In no event is TOMRA liable for direct, indirect, special, incidental or consequential damages arising from the use or inability to use the software or documentation, even if TOMRA is advised of the possibility of such damages, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the software and software updates. In no event shall TOMRA's liability exceed the purchase price paid for the software license and documentation.

Legal venue

This agreement and any related interpretations and disputes shall be governed by Norwegian law. Legal venue shall be Oslo, Norway. Any proceedings shall take place in accordance with the Norwegian Arbitration Act of 2004, and remain confidential for 10 years.

Other Licenses

  • AFLv2.1, GPLv2
    • libdbus-1-3
  • BSD
    • file
    • laptop-detect
  • BSD, GPLv2
    • klibc-utils
  • BSD, GPLv2+, own license
    • iputils-ping
  • Own license
    • Common Error Description library
    • debconf
    • libbsd
    • libcurl3-gnutls
    • libdb4.8
    • libdrm2
    • libdrm-intel1
  • Own license, GPL
    • dchp3-client
    • dchp3-common
    • libcap
    • bzip2
  • GPL
    • aptitude
    • bzip2
    • EXT2 file system utilities
    • libcwidget3
  • GPL-2, PD
    • base-passwd
  • GPLv1+
    • Class-Accessor
  • GPLv2
    • BusyBox
    • hostname
    • ifupdown
    • iptables
  • GPLv2, own license
    • ipppd
    • (blank)
  • GPLv2, LGPL
    • libatm1
  • GPLv2+
    • apt
    • console-setup
    • dash
    • debian base system
    • debianutils
    • deluser
    • dmidecode
    • dmsetup
    • eject
    • FSF's GNU Bash
    • GNU diffutils package
    • GRUB
    • gzip
    • initscripts
    • insserv
    • kbd
    • Linux Traffic Control engine and related utils
    • sbin/update-ca-certificates
    • Terminus Font
  • GPLv2+, own license
    • cron
  • GPLv2+ GPLv2, BSD
    • util-linux
  • GPLv2+ LGPLv2
      <>fuse-utils
  • GPLv3+
    • findutils
    • GNU compiler collection
    • GNU core utilities
    • GNU cpio
    • GnuPG
    • grep program
  • GPLv3+, GPLv2+
    • GNU GRUB
  • GPLv3+, LGPLv2+, FDL, GPL
    • GNU gettext utilities
  • GPLv3+/LL
    • less
  • LGPL
    • libblkid
  • LGPLv2.1, GPL
    • libacl1
  • LGPLv2.1, GPLv2
    • dmsetup
    • libattr1
    • libdevmapper
  • LGPLv2.1+, GPLv2+, own license
    • Embedded GNU C Library version 2.10.1.
  • Mozilla Public License V1.1
    • mozilla/certdata2pem.py
  • Public domain
    • initramfs-tools
    • initramfs-tools-bin