CANopen Slave Protocol Stack 
Version 7.04.00
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Source Code License

1. Parties and Preamble

This license agreement (the “Agreement”) is entered into by and between MicroControl GmbH & Co. KG, Junkersring 23, 53844 Troisdorf, Germany (the “Licensor”), and the “Licensee”.

The Licensor develops and distributes source‑code libraries and software components for use in embedded systems (bare‑metal and/or RTOS) as well as for use in operating systems (Windows/macOS/Linux). The Licensee acquires a Site License (Branch License) for internal use of the source code without project‑, product‑, controller‑ or quantity‑based restrictions. No notification, reporting or approval obligations apply regarding specific projects, controllers, products or volumes.

Commercial terms: Pricing, payment terms and taxes are governed exclusively by the applicable quotation/order; this Agreement governs legal and licensing terms.

2. Definitions

2.1 Software

Software means the software component identified in the quotation/order, including source code, example code, build scripts, headers, linker files and related documentation (API references, README, release notes).

2.2 Source Code

Source Code means human‑readable code (e.g., C/C++/ASM), including comments.

2.3 Object Code

Object Code means machine‑readable binaries/libraries/firmware created from the Source Code, whether statically or dynamically linked, including code embedded in images/ROMs.

2.4 Derivative Works

Derivative Works means modifications, ports, translations, partial incorporations, merges or extensions of the Source Code and works based upon it within the meaning of copyright law.

2.5 Licensed Entity

Licensed Entity means the specific site/branch of the Licensee (Site License). The Licensed Entity holds the rights granted below.

2.6 Sub‑Licensee (Contractor)

Sub‑Licensee (Contractor) means an independent third‑party company engaged by the Licensed Entity to perform development work and which obtains a Project Sub‑License from the Licensor pursuant to Section 3.5.

3. License Grant (Site License)

3.1 Scope

Subject to full payment under the quotation/order, the Licensor grants the Licensed Entity a non‑exclusive, non‑transferable, and — subject to Section 11 — perpetual, worldwide right to:

  • (a) use, copy, compile and modify the Source Code internally for development, testing, maintenance and integration into any projects, controllers, products and volumes (no reporting obligations);
  • (b) create Derivative Works to the extent required for the Licensed Entity’s internal purposes;
  • (c) reproduce, distribute and make available the Object Code (including Object Code of the Licensed Entity’s Derivative Works) in/with the Licensed Entity’s products without limitation, including OTA updates, without disclosure of Source Code;
  • (d) make a reasonable number of copies for backup and build/CI purposes.

3.2 Redistribution / Sub‑Licensing

Sub‑licensing of Source Code is generally prohibited. Exception: refer to Section 3.5 (Project Sub‑License for contractors). Sub‑licensing of Object Code is permitted insofar as the Object Code is provided solely as part of the Licensed Entity’s products and not marketed as a developer product.

3.3 Internal Access

Personnel of the Licensed Entity and its internal IT systems (build servers/CI) may access the Source Code. There is no seat model; the Licensed Entity shall implement adequate access controls (see Section 10.2).

3.4 Group Companies

The Site License does not automatically extend to affiliates of the Licensee. A group‑wide license may be agreed separately upon request.

3.5 Project Sub‑License for Contractors

If the Licensed Entity engages an independent third‑party contractor to perform development using the Software, the contractor shall obtain from the Licensor a Project Sub‑License with the following content:

  • (a) Scope of rights: Use of the Source Code solely to perform the specifically identified project for the Licensed Entity, including modification, compilation and creation of Derivative Works for that project; access to Support & Updates pursuant to Section 6 for the term of the sub‑license.
  • (b) Restrictions: No disclosure of Source Code to other third parties; no use for other customers/projects; no stand‑alone commercialization; strict prohibition on using public generative AI services as per Section 15.
  • (c) Handover & deletion: No later than 30 days after project completion (acceptance by the Licensed Entity or termination of the project agreement, whichever occurs first), the contractor shall deliver to the Licensed Entity all project‑specific Source Code changes, patches, scripts and documentation in a common format and shall delete all copies of the Source Code (including backups/build artifacts), except for legally mandatory archival copies kept offline solely for evidentiary purposes.
  • (d) No independent rights: The contractor obtains no usage rights in any Derivative Works outside of performance for the Licensed Entity; to the extent legally permissible, the contractor assigns—or grants the Licensed Entity a perpetual, worldwide, transferable, sub‑licensable license to—its contributions.
  • (e) Termination: The Project Sub‑License is project‑bound and terminates automatically upon project completion; Sections 3.5(c), 10, 11.3 and 15 survive.
  • (f) Acquisition & identification: The Project Sub‑License is executed directly between Licensor and contractor; the contractor receives a Sub‑License ID disclosed to the Licensed Entity for project mapping. No reporting of project details is required.

4. Use Restrictions

  • (a) No sale/rental/lending of Source Code; no publication or disclosure to third parties except as permitted under Section 3.5.
  • (b) No use to create a functionally equivalent library derived from the Source Code marketed as a competing stand‑alone product. Standard compatibility/interoperability developments remain unaffected.
  • (c) Copyright, trademark and proprietary notices must be retained.
  • (d) Reverse engineering/decompilation is permitted only to the extent allowed by applicable law for interoperability purposes.
  • (e) Export/sanctions rules must be observed (see Section 13.4).

5. Delivery, Installation and Open‑Source Components

5.1 Delivery

The Licensor delivers Source Code and documentation in a common format (e.g., Git archive/ZIP), including minimal build notes (compiler/flags/linker scripts) and known dependencies.

5.2 OSS notices

If the Software contains open‑source components, these are listed in the delivery materials (e.g., README/NOTICE/license notices) (name, license, link, obligations). The Licensor provides the required notices; copyleft obligations pass to the Licensed Entity only to the extent legally/license‑contractually unavoidable.

5.3 Third‑party software

Proprietary third‑party components not part of the Software shall be identified as such; the Licensed Entity procures corresponding rights independently.

6. Support, Maintenance and Updates

6.1 Scope and term

The Site License includes 12 months of basic maintenance from the purchase date (order): reasonable bug fixes, security patches, minor improvements and compatible minor updates. New major versions/feature releases may be charged separately.

6.2 Channels/SLAs

Support requests should be directed to support@microcontrol.net. The typical response time is 2 business days. Service hours are Monday through Thursday, 09:00–17:00 CET.

6.3 Professional Services

Professional services (e.g., ports to new MCUs/compilers) can be contracted separately.

7. Warranty

7.1 Conformity

The Licensor warrants that the Software materially conforms to the documentation and is free from known malicious functions (e.g., malware) at delivery.

7.2 Remedies

For defects, the Licensor may, at its option, repair (by means of a fix or update) or replace the Software. If the cure fails, the Licensee's statutory rights to a price reduction or withdrawal apply. Open‑source components are governed by their respective licenses.

7.3 Exclusions

No warranty is provided for defects caused by improper use, unauthorized changes, unsupported toolchains, or non-conforming target hardware.

8. IP Indemnity

8.1 Indemnity in favor of Licensee

The Licensor shall defend the Licensed Entity against claims alleging that the unmodified Software infringes third‑party IP rights in Germany and shall indemnify against final costs/damages, provided the Licensed Entity

  • (a) promptly notifies the claim,
  • (b) grants the Licensor sole control of the defense/settlement, and
  • (c) provides reasonable assistance.

8.2 Remedies

The Licensor may, at its discretion,

  • (a) modify the Software to avoid infringement,
  • (b) procure a license, or
  • (c) if both are economically unreasonable, terminate this Agreement with respect to the affected component against refund of the license fee paid for that component.

8.3 Exclusions

No indemnity for claims based on

  • (a) modifications by the Licensed Entity/contractors,
  • (b) combination with components not provided by the Licensor,
  • (c) misuse, or
  • (d) non‑compliance with documentation.

9. Liability

9.1 Unlimited liability

Unlimited liability applies in cases of intent, gross negligence, injury to life, body or health, under the German Product Liability Act, for assumed guarantees, and for fraud.

9.2 Cardinal duties

For simple negligence breaching material contractual duties, liability is limited to the foreseeable, typical damage.

9.3 Exclusion

Otherwise, the Licensor’s liability is excluded. For data loss, the Licensor is liable only to the extent the Licensed Entity has fulfilled its proper backup duties.

9.4 Safety‑critical applications

The Software is not intended for safety‑critical uses (e.g., aviation, medical devices class IIb/III, railway control, nuclear) unless expressly agreed in writing with enhanced quality/liability provisions.

10. Confidentiality and Source Code Protection

10.1 Confidentiality

Each party shall keep the other party’s non‑public information confidential and use it solely to perform under this Agreement. Exceptions apply to information that

  • (a) is generally known,
  • (b) is lawfully obtained from third parties,
  • (c) is independently developed, or
  • (d) must be disclosed by law/authority (with prior notice where lawful).

10.2 Source Code protection

The Licensed Entity shall implement appropriate technical and organizational measures (access controls, secrets management, segregated repos, logging) to prevent unauthorized access. Project sub‑licensees shall receive only the minimum required access.

10.3 Duration

Confidentiality obligations apply for 5 years after termination; for trade secrets/Source Code, they apply without time limit as long as a trade secret exists.

11. Term and Termination

11.1 Term

This Agreement becomes effective upon signature and continues indefinitely.

11.2 Termination for cause

Either party may terminate for cause, in particular upon material breach (including payment default, breach of Sections 3/4/10). A reasonable cure period shall be granted where not dispensable.

11.3 Effect of termination

Upon termination, all rights to Source Code cease; the Licensed Entity and any project sub‑licensees shall delete/destroy all Source Code copies and provide written confirmation. Object Code already delivered to end customers may continue to be used and distributed (grandfathering). Statutory backup/retention obligations remain unaffected.

11.4 Survival

Sections 4, 8–10, 12–13 and provisions which by their nature should survive shall remain in force.

12. Ownership and Notices

12.1 Rights

All rights in the Source Code remain with the Licensor; the Licensed Entity obtains no rights other than those expressly granted.

12.2 Notices

The Licensed Entity may omit copyright notices of the Licensor in Object Code/firmware where technically inappropriate; such notices shall be reasonably reproduced in documentation/notices.

13. Compliance, Audit and Export

13.1 Audit

The Licensor may, once per year, upon reasonable prior notice (min. 10 business days) and during normal business hours, verify compliance with Source Code access restrictions, the existence of valid Project Sub‑Licenses, and compliance with the AI/ML provisions (Section 15). Verification is performed primarily by self‑attestation and sampling of relevant records/logs. The Licensed Entity is not required to disclose project/product/controller lists or volumes. Confidentiality shall be respected. If a variance exceeds 5%, the Licensed Entity bears reasonable audit costs.

13.2 Compliance by design

The Licensed Entity shall implement processes for license compliance (access control, sub‑license IDs, release records).

13.3 Open‑source obligations of the Licensee

If the Licensee uses additional OSS, the Licensee fulfills the applicable license obligations on its own responsibility (e.g., source provision for strong copyleft).

13.4 Export control/sanctions

Both parties observe applicable export control and sanctions regulations of the EU, Germany and — where relevant — the USA. Source Code is not provided to listed parties or embargoed countries.

13.5 Anti‑corruption

Each party complies with applicable anti‑corruption and anti‑money‑laundering laws.

14. Governing Law and Venue; Miscellaneous

14.1 Governing law, venue

This Agreement is governed by German law, excluding the UN Sales Convention (CISG). Exclusive venue — to the extent permitted — is Siegburg, Germany (local jurisdiction: Amtsgericht Siegburg; where subject‑matter jurisdiction lies with the Regional Court, Landgericht Bonn).

14.2 Written form

Amendments/supplements require written form; eIDAS‑compliant electronic signatures are sufficient.

14.3 Assignment

The Licensed Entity may assign rights/obligations only with the Licensor’s consent; such consent shall not be unreasonably withheld. The Licensor may transfer the Agreement to its affiliates.

14.4 Severability

Invalid provisions shall be replaced by valid ones that best reflect the economic intent.

14.5 Language

The German version prevails in case of conflict; this English version is for convenience unless agreed otherwise.

15. AI/ML Use and Protection Against Model Training

15.1 Definitions

  • AI Service means a service/system (esp. generative AI/LLM) that processes inputs (prompts/files/code) and where the provider may log, retain or use inputs for training/improvement.
  • Self‑Hosted AI means a model/system operated by the Licensee in its own controlled infrastructure (on‑prem/private cloud) with no disclosure of Source Code to third parties.

15.2 Principle

The Licensee and its contractors shall not upload, enter, share or otherwise expose the Licensor’s Source Code, Derivative Works or other confidential information to public or provider‑training AI Services, in particular not for analysis, improvement or training data generation.

15.3 Permitted exceptions

By way of exception, use is permitted if all of the following are documented in advance in writing:

  • (a) use of Self‑Hosted AI or an external enterprise service whose provider contractually commits to: no training use, no persistent storage of inputs/outputs, access solely for service delivery, appropriate TOMs (Art. 32 GDPR), sub‑processor control and EU/EEA data location;
  • (b) the Licensed Entity runs an internal approval (tool whitelist) and informs personnel;
  • (c) contractors commit in writing to these conditions.

15.4 Coding assistants

The use of coding assistants (e.g., autocomplete/code chat) is permitted only if Section 15.3 conditions are met. Public cloud assistants without binding no‑training commitments are not permitted. Generated suggestions do not replace compliance checks (OSS obligations, licenses, export, security).

15.5 DLP/organizational measures

The Licensee implements appropriate technical and organizational measures to prevent violations, e.g., DLP/CASB rules blocking uploads to public AI services, proxy deny‑lists, training and policies, sensitive repository labeling, four‑eyes principle for CI configuration.

15.6 Incident handling

In case of an actual or suspected violation of Sections 15.2/15.3, the Licensee shall promptly inform the Licensor at incident@microcontrol.net, disclose known details (time, content, service/provider) and take remedial actions (provider deletion, access blocks, forensics). On request, deletion/block confirmations from providers shall be provided.

15.7 Consequences

A material breach of Sections 15.2/15.3 entitles the Licensor to terminate for cause (Section 11.2), without prejudice to other rights (injunction/damages).

15.8 Notices in Source Code

The Licensee shall retain the Licensor’s notices such as the header “NO AI TRAINING / NO PUBLIC MODEL INPUT” in the Source Code. Such notices do not replace contractual duties but support compliance and forensics.