{"id":2391,"date":"2019-07-24T16:02:25","date_gmt":"2019-07-24T14:02:25","guid":{"rendered":"https:\/\/software.hydac.com\/home\/\/agb\/"},"modified":"2026-07-14T14:52:45","modified_gmt":"2026-07-14T12:52:45","slug":"conditions","status":"publish","type":"page","link":"https:\/\/software.hydac.com\/home\/en\/conditions\/","title":{"rendered":"Conditions"},"content":{"rendered":"<div class=\"wpb-content-wrapper\"><p>[vc_row][vc_column][vc_empty_space height=&#8221;99&#8243;][dhsv_vc_anker type=&#8221;nav&#8221;][\/vc_column][\/vc_row][vc_row dhsv_margin_top=&#8221;vc-margin-top-medium&#8221;][vc_column][dhsv_vc_anker type=&#8221;point&#8221; title=&#8221;Conditions Rental&#8221; id=&#8221;conditions rental&#8221;][dhsv_vc_headline index=&#8221;CONDITIONS RENTAL&#8221; headline=&#8221;CONDITIONS: RENTAL OF SOFTWARE&#8221; subline=&#8221;HYDAC MATCH Software Suite License Terms and Conditions for the rental of Software&#8221;][\/vc_column][\/vc_row][vc_row][vc_column][vc_column_text css=&#8221;&#8221;]<\/p>\n<h2>I. Scope, supplementary provisions<\/h2>\n<p>These License Terms and Conditions apply to agreements pertaining to the grant of a user license to use the HYDAC Match Software Suite (\u201cSoftware\u201d) for a limited period of time (\u201cSoftware Rental Agreement\u201d). \u201cSoftware\u201d shall also mean the following in this context:<\/p>\n<ul class=\"checked\">\n<li>MATCH PC tools, i.e. various programs of the Software for the use on a PC;<\/li>\n<li>Add-ons, i.e. functional enhancements to the Software;<\/li>\n<li>MATCH packages, i.e. assembled software packages consisting of the MATCH PC tools and add-ons;<\/li>\n<li>Updates, i.e. actualisation of the Software, e.g. bugfixes, patches or replacement versions of the Software;<\/li>\n<li>Upgrades, i.e. a significantly revised version of the Software or new edition of the Software;<\/li>\n<li>Backend services subject to licensing, i.e. online software solutions that are executable on servers in customer environments and are to be integrated by the customer.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h2>II. Scope, term, manner and purpose of use<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>Unless contractually agreed otherwise, the customer is granted the simple, non-exclusive and non-transferrable right to use the Software for a limited period of time. Use for private purposes is precluded. Unless agreed otherwise, the right to duplicate the Software is restricted to installing the Software on one PC in the direct possession of the customer and to duplication that is required for loading, displaying, running and saving the Software, as well as the right to make a backup copy of the Software by an individual authorized pursuant to section 69d (2) of the German Copyright Act (UrhG). Unless agreed otherwise, the Software may not be made usable from a PC other than the PC on which it is installed, including being enabled for use in a network.<\/li>\n<li>The customer may not transfer the Software or parts of it to third parties or make it available to third parties without our consent. This also applies to the documentation.<\/li>\n<li>Section II. 1 and 2 shall be without prejudice to the customer\u2019s right to transfer parts of the Software designated for this pur-pose (e.g. the MATCH Middleware CORE) or other software created using the Software (embedded software or applications) under the scope of use (section II.4) to its machinery or products, where this is in accordance with the Software\u2019s designated function, namely creating a specific application.<\/li>\n<li>Unless otherwise agreed or stipulated below, the customer may use the Software exclusively for the development of em-bedded software for machinery and its use in this machinery, for testing, validating and simulating this software as well as other associated activities, e.g. maintenance, setup, diagno-sis, configuration, and documentation of this software (\u201cPur-pose of Use\u201d).<\/li>\n<li>For the duration of this agreement, the customer is entitled to being provided the Software as well as the associated docu-mentation (description of the Software, program manual and\/or user manual in text form). The customer is responsible for installing the Software. Provision of the Software may take place by way of making a download link available.<\/li>\n<li>The grant of the right of use shall take place in a manner that the customer is able to execute the Software in only one in-stance at any given time. Using the Software in parallel in-stances \u2014 including in different versions \u2014 is not permitted.<\/li>\n<li>Training on using the Software may be commissioned by the customer and shall be subject to the payment of a separate remuneration.<\/li>\n<li>The customer shall advise us in text form of all sites (PC) where the Software is installed (\u201cInstallation Site\u201d). This shall also apply to any subsequent change of the Installation Site. Transfer to another Installation Site may take place no earlier than sixty (60) days where the customer cannot demonstrate to us a legitimate interest in changing the Installation Site at an earlier point in time.<\/li>\n<li>The customer shall not be entitled to be provided the program codes or source codes.<\/li>\n<li>The right to edit the Software shall be limited to preserving or restoring the Software\u2019s agreed functionality.<\/li>\n<li>The right to decompile the Software is granted, subject to the conditions of section 69e (1) point (1) to (3) of the German Copyright Act (UrhG) and section 69e (2) point (1) of the Act.<\/li>\n<li>No usage or exploitation rights in the Software extending be-yond this are granted to the customer.<\/li>\n<li>Where the Software is a test version, the customer may not use it for commercial, industrial or production purposes. The Software may be used only for evaluation and testing purposes. Testing versions are not suitable for deployment in productive, critical security\/safety or cyber-security operating environments. Test versions are subject to an electronic expi-ration date. The functionality of the Software may also be limited. The customer undertakes not to attempt to bypass or disable the electronic expiration date or the functionality re-strictions. Any such attempt shall constitute a breach of the license agreement.<\/li>\n<li>Where the Software is a pre-release version, in which new functionality in particular is presented to the customer, the customer may not use it for commercial, industrial or production purposes. The Software may only be used for pre-devel-opment purposes. Pre-release versions are not suitable for deployment in productive, critical security\/safety or cyber-security operating environments. Pre-release versions are subject to an electronic expiration date. The functionality of the Software may also be limited. The customer undertakes not to attempt to bypass or disable the electronic expiration date or the functionality restrictions. Any such attempt shall consti-tute a breach of the license agreement.<\/li>\n<li>Under an academic stand-alone (single) license or campus license, the Software may be used only by students and instructors of academic institutions for education and research purposes at an institution of higher learning authorized by us. However, the Software may not be used for commercial pur-poses or the purposes of third parties. The grant of an aca-demic standalone (single) license is subject to the provision of valid proof of enrollment of the student and\/or engagement in a teaching activity.<\/li>\n<li>Upon request, and where there is a legitimate interest, the customer shall permit us or a third party commissioned by us to verify that the Software is being used in accordance with the rights granted hereunder; the customer shall use its best efforts to render assistance in the conduct of any such verification. Verification shall take place during normal business hours, on site at the customer\u2019s or remotely. We may demand that the customer grant us or a third party (who is commissioned by us and obligated to maintain confidentiality) access to documents, systems and information where this is required to verify the use of the Software as provided for by the agree-ment. We undertake to use any and all confidential information of the customer that becomes known to us in this context only for the purpose of verifying the use of the license and will not disclose it to third parties.<\/li>\n<li>A license key is required for activating the Software. The li-cense key will be provided by us upon payment of the remuneration due in full. The purpose of the license key is to facilitate the furnishing of proof by the customer of its right to use the Software. Solely being in possession of or using the li-cense key shall not be deemed to grant the right of use of the Software. Any such right shall arise only under an agreement concluded with us or as stipulated by law.<\/li>\n<li>The customer may not use the Software installed by it for the first time unless it activates the Software upon installation over the Internet and via the user account set up for it. The user account is linked to the customer directly; transfer to an-other individual is subject to our consent.<\/li>\n<li>In order to execute the Software, the hardware and operating system requirements indicated in the product description (System Requirements) must be satisfied. In order to check and verify the license, a connection to the Internet is required at least once a year.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2>III. Rental fee<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>\u00a0The amount of remuneration payable for renting the Software (\u201cRental Fee\u201d) is set out in the order confirmation or in our current price list as amended. The Rental Fee is payable annually in advance by no later than the fifth (5th) business day of the agreement year, payment to be effected to us by this date.<\/li>\n<li>We are entitled to adjust the Rental Fee for the first time upon the lapse of twenty-four (24) months upon entering into the agreement, subject to three (3) months\u2019 written notice to the end of a month. The amount of the Rental Fee shall be de-pendent on the general development of prices or values of goods and services on the market, which have a direct impact on our cost prices for performing the Software Rental Agreement (including, but not limited to, collective wage agree-ments or changes in the cost of materials). Changes (increases or reductions) in such input costs will be passed on to the customer to the extent that they affect the Rental Fee as a cost element. We will furnish proof of any such changes at the customer&#8217;s request. The customer shall have the right to terminate the Software Rental Agreement by giving notice no later than six weeks upon receipt of notification of an increase in the Rental Fee.<\/li>\n<li>The interest payable on arrears shall amount to nine (9) per-centage points above the base interest rate. Lumpsum damages of \u20ac40.00 shall be payable for outstanding claims for payment. This sum will be credited towards the compensation owed where the loss is founded upon the costs of bringing legal action to collect payment. We reserve the right to claim higher damages for arrears and default.<\/li>\n<li>The customer shall not be entitled to offset claims against out-standing amounts owed us, unless the customer\u2019s claims for set-off are undisputed or final and non-appealable, or they originate from the same agreement as our claim. The customer may assert the right to withhold payment only for claims arising from the same agreement.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2>IV. Rental period; termination of the Software Rental Agreement<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>\u00a0Unless provided for otherwise, the Software Rental Agree-ment shall come into effect up being entered into\/signed.<\/li>\n<li>The rental period amounts to twenty-four (24) months. Where the agreed rental period of a Software Rental Agreement has lapsed, it shall automatically renew by a further twelve (12) months provided that it has not been terminated by us or the customer by way of a minimum of four (4) weeks\u2019 written notice to the end of the rental period.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2>V. Add-ons<\/h2>\n<p>&nbsp;<\/p>\n<p>The customer has the option of extending the functionality of the Software by additionally renting add-ons. Additionally renting add-ons may also be done during the rental period of the Software Rental Agreement. This does not impact the rental period of the Software Rental Agreement originally agreed upon. The rental fee originally agreed pursuant to section III. 1 will be increased upon additionally renting add-ons in accordance with the specifications of the order confirmation or our current price list as amended.<\/p>\n<p>&nbsp;<\/p>\n<h2>VI. Obligation of preservation<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>For the duration of the Software Rental Agreement, we will take any actions needed to preserve and maintain the con-tractual condition of the rented Software, so that the customer is able to continue to use the Software. This extends to the following in particular:<br \/>\na) Access to current updates for the Software;<br \/>\nb) Access to the personalized web portal, including the download area for current versions of the Software and its documentation, the web help desk and the FAQs area with self-help material.<br \/>\nc) Simple e-mail support: the customer may submit support requests by email. We will respond to any such requests on a reasonable efforts basis. Where the subject of a sup-port request is a software bug, we will remedy this bug using the means available to us and on a reasonable ef-forts basis. A software bug is deemed to be present when use of the Software by the customer as provided for under the agreement is significantly impaired by virtue of disruption in the Software\u2019s operation.<br \/>\nWe may make changes to the Software that extend beyond what is necessary to maintain the Software\u2019s compliance with the terms of the agreement by releasing a new version of the Software. The new version of the Software released shall replace the Software originally made available by us and, together with the user documentation provided by us for the new version, shall be subject to this agreement upon installation by the customer.<\/li>\n<li>The provision of updates and modifications will take place free of charge by way of a server operated by us. The installation of the updates and modifications shall be done by the customer by way of the Software.<\/li>\n<li>The product support period as set out EU Regulation 2024\/2847 (Cyber Resilience Act) applicable to the respective software version follows from the product documentation or support policy provided upon the conclusion of the agreement. During the term of the agreement the customer will be given access to the security updates for the rented software version released during this support period. Upon the termination of the Software Rental Agreement, the customer\u2019s contractual claims to access, updates and support shall become null and void due to the absence of a user license, unless expressly provided for otherwise by law.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2>VII. Security updates<\/h2>\n<p>&nbsp;<\/p>\n<p>Without prejudice to what is provided for in section VI, we will provide to the customer security updates, free of charge, for the period of the agreement under our statutory obligation for the respective software version during the designated support term to the extent that they are necessary for remedying or minimizing a security gap or vulnerability in the Software. We also have the right \u2014 over and beyond our legal obligation \u2014 to provide the customer updates that are designed to eliminate or minimize a potential or actual security gap or vulnerability in the Software. We may designate a security update to constitute an obligatory security update where the con-tinued use of non-updated software is associated with significant cybersecurity risks. The customer undertakes to immediately cease using the Software in the event that the respective security update has not been applied, however, in any event no later than thirty (30) days upon the obligatory security update becoming avail-able. In the event of critical or actively exploited security gaps and vulnerabilities, we may insist on a briefer adequate period. In the event that the customer does not comply with the aforementioned deadline, we shall be entitled to terminate the Software Rental Agreement. \u201cSecurity gaps and vulnerabilities\u201d as used here refer to properties in the Software that enable unauthorized access by third parties to the Software or to the respective system from out-side, as well as circumstances that lead or might lead to an undesirable behavior of the Software or other software created using the Software, as well as \u201cvulnerabilities\u201d as set out in EU Regulation 2024\/2847 (Cyber Resilience Act).<\/p>\n<p>&nbsp;<\/p>\n<h2>VIII. Rights in the event of material defects<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>The Software provided by us substantially corresponds to the product description. Claims based on material defects will not be entertained where there are minor or immaterial deviations from the agreed or stipulated characteristics or in the case of only slight impairment of serviceability. Product descriptions and performance figures in public statements, including, but not limited to, advertising media, shall not be deemed to con-stitute a guarantee where there is no separate written agreement to this effect.<\/li>\n<li>No claims based on defects will be entertained where the customer makes modifications to the Software or parts of the Software personally or has modifications made by third par-ties without our authorization, including, but not limited to, generated embedded code or parts thereof. The same shall apply to errors attributable to faulty installation work on the part of the customer or software used by the customer that modifies the Software installed on hardware or otherwise im-pacts it. The same shall also apply to defects based on the circumstance that the customer did not install the security up-dates provided as set out in section VII., did not heed security information, uses the Software outside of the agreed system environment, or performs unauthorized modifications, en-hancements or integrations. This shall be without prejudice to statutory obligations to address vulnerabilities of unmodified Software. We will assume no liability for the fitness for pur-pose of the embedded code generated by the customer for use in a specific machine or for interfaces to this machine.<\/li>\n<li>Sections VIII.2 and 3 of our Special Conditions of Sale and Delivery for Software\/Freeware shall apply to test and pre-re-lease versions, where they are provided free of charge.<\/li>\n<li>Test versions and pre-release versions of the Software are versions that have not undergone testing for their designated<br \/>\npurpose or for which such testing has not been completed. Using this software may lead to unforeseen program behavior in individual cases, consequently the customer is advised to examine the output produced by these versions and\/or APIs.<\/li>\n<li>We shall be entitled to stipulate the manner in which the rem-edying of defects takes place. The remedying of defects may be effected by way of the provision of a download link for an update. The customer is responsible for installing the update provided in this manner itself. In the event that remedying a defect is not possible by providing an update because a rea-sonable installation measure was not performed by the customer despite the foregoing provision, and, as a consequence, an on-site deployment on the part of us was required, the customer shall assume the added expense necessitated by this.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2>IX. Rights in the event of defects of title<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>The Software supplied or provided by us is free of any third-party rights which would prevent its use as agreed herein, save for reservations of title customary in the industry until all amounts outstanding have been paid.<\/li>\n<li>To the extent defects in title exist, we shall be (a) entitled at our option to either (i) take legitimate measures to remove the third-party rights that impair the contractual use of the Soft-ware, or (ii) remedy the enforcement of such claims, or (iii) modify or replace the Software in such a manner, that it no longer infringes the rights of third parties, provided and to the extent that this does not substantially impair the warranted functionality of the Software, and (b) under an obligation to reimburse the customer for its necessary refundable costs incurred in the enforcement of legal claims.<\/li>\n<li>If it is not possible to obtain a release pursuant to section IX.2 within a reasonable period of time stipulated by the customer, then the customer may, subject to the statutory prerequisites, at its option terminate the agreement or reduce the rental fee paid and claim compensation for damages.<\/li>\n<li>Section VIII.3 shall apply accordingly.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2>X. Functional safety, generation of embedded code<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>Where the Software or parts of it is certified pursuant to pub-lic-law rules and regulations pertaining to functional safety, the respective certificates are available in which the applicable technical standards and security level achieved are spec-ified. The customer will be advised of existing certificates upon request. In this case, the customer shall comply with and apply the requirements of the technical standards indicated in the certificates and the associated safety manuals. Certification cannot cover or serve as a substitute for necessary testing and processes pertaining to functional safety to be implemented by the customer.<\/li>\n<li>Other software created using the Software (e.g. embedded software or embedded software applications) is to be tested and validated by the customer for the designated technical system environment in which it is embedded as stipulated by public-law rules and regulations pertaining to functional safety and the current state of the art, irrespective of whether such software is certified.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2>XI. Limitation of liability<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>We shall assume liability only in cases of gross negligence and willful misconduct. Moreover, we shall also assume liability for Page 4 of 4 Status 29.06.2026 defects fraudulently concealed or whose absence has been guaranteed, or in cases of negligent causation of harm to life, limb and health, or the violation of a material contractual obligation. Obligations considered material to the agreement are those whose performance is vital to the proper execution of the agreement and upon which the Customer may routinely rely.<\/li>\n<li>This shall be without prejudice to mandatory liability, including, but not limited to, liability under the German Product Liability Act (ProdHaftG).<\/li>\n<li>Otherwise we disclaim all liability, regardless of the legal grounds on which any such liability may be founded. In the event that we should negligently breach any material contractual obligation, our liability shall be limited to the reasonably foreseeable loss.<\/li>\n<li>We shall not be held liable for the loss of data to the extent that said loss is based on the customer\u2019s failure to make data back-ups and thus contribute to ensuring that lost data can be re-covered with reasonable effort.<\/li>\n<li>We will accept no lump-sum compensation where this is not provided for by law.<\/li>\n<li>We expressly disclaim the lessor\u2019s strict liability pursuant to section 536a (1) of the German Civil Code (BGB) for errors or defects in the Software already present at the time the agreement was concluded.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2>XII. Indemnity clause (release from liability)<\/h2>\n<p>&nbsp;<\/p>\n<p>To the extent that third parties assert claims against us and we have not acted in a premeditated manner or gross negligently, or fraudulently concealed defects or guaranteed their absence, or engaged in the negligent causation of harm to life, limb and health, or violated a material contractual obligation, the customer shall indemnify us and hold us harmless against these claims including any costs<\/p>\n<p>&nbsp;<\/p>\n<h2>XIII. Intellectual property rights, confidentiality<\/h2>\n<p>&nbsp;<\/p>\n<p>The customer undertakes in particular to adequately protect the Software and its documentation against unauthorized copying or use. The customer shall not be entitled to disassemble, decompile or reverse-engineer the Software or reuse parts of it, unless stipulated otherwise in section II.<\/p>\n<p>&nbsp;<\/p>\n<h2>XIV. Miscellaneous provisions<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>To the extent applicable to the rental of Software, our General Conditions of Sale and Delivery and our Special Conditions of Sale and Delivery for Software\/Freeware shall also apply (avail-able for download from our website: www.hydac.com\u2192General Terms and Conditions). In the event of any inconsistencies or contradictions, these License Terms and Conditions shall prevail. Any alternative terms and conditions of the customer, especially those contradicting these terms and conditions, will not be recognized by us.<\/li>\n<li>If any of the above provisions should prove void or unenforceable, it shall not affect the validity or enforceability of any other provision hereof.<\/li>\n<li>The place of performance shall be the registered office of our company. This shall also be the exclusive place of jurisdiction for all disputes arising from the business relationship with the customer. However, we also reserve the right to bring action against the customer at the customer\u2019s domicile. The relations between the customer and us shall be governed and interpreted exclusively in accordance with the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Con-tracts for the International Sale of Goods (CISG).<\/li>\n<\/ol>\n<p>[\/vc_column_text][\/vc_column][\/vc_row][vc_row][vc_column][dhsv_vc_anker type=&#8221;point&#8221; title=&#8221;Conditions Sale&#8221; id=&#8221;conditions sale&#8221;][dhsv_vc_headline index=&#8221;CONDITIONS SALE&#8221; headline=&#8221;CONDITIONS: SALE OF SOFTWARE&#8221; subline=&#8221;HYDAC MATCH Software Suite License and Maintenance Terms &#038; Conditions for the Sale of Software&#8221;][\/vc_column][\/vc_row][vc_row][vc_column][vc_column_text css=&#8221;&#8221;]<\/p>\n<h2>I. Scope and supplementary provisions<\/h2>\n<p>&nbsp;<\/p>\n<p>These License Terms and Conditions apply to agreements pertaining to the grant of a user license to use the HYDAC MATCH Software Suite (\u201cSoftware\u201d). Software shall also mean the following in this context:<\/p>\n<ul class=\"checked\">\n<li>MATCH PC tools, i.e. various programs of the Software for the use on a PC;<\/li>\n<li>Add-ons, i.e. functional enhancements to the Software;<\/li>\n<li>MATCH packages, i.e. assembled software packages consisting of the MATCH PC tools and add-ons;<\/li>\n<li>Updates, i.e. actualisation of the Software, e.g. bugfixes, patches or replacement versions of the Software;<\/li>\n<li>Upgrades, i.e. a significantly revised version of the Software or new edition of the Software;<\/li>\n<li>Back-end services subject to licensing, i.e. online software solutions that are executable on servers in customer environments and are to be integrated by the customer.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h2>II. Scope, supplementary provisions<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>Unless contractually agreed otherwise, the customer is granted the simple, non-exclusive and non-transferrable right to use the Software in perpetuity. Use for private purposes is precluded. Unless agreed otherwise, the right to duplicate the Software is restricted to installing the Software on one PC in the direct possession of the customer and to duplication that is required for loading, displaying, running, and saving the Software, as well as the right to make a backup copy of the Software by an individual authorized pursuant to clau69d (2) of the German Copyright Act (UrhG). Unless agreed otherwise, the Software may not be made usable from a PC other than the PC on which it is installed, including being enabled for use in a network.<\/li>\n<li>The customer may not transfer the Software to third parties or make it available to third parties without our consent. This also applies to the documentation. However, a one-off resale of the purchased license to a third party is permissible provided that the licensee deletes its own installation in full, does not retain any copies, and the third party undertakes to comply with these license terms and conditions. We shall be notified of the transfer in text form, including the name and complete address of the purchaser. When handing over the Software the customer shall bear in mind that the use of the Software is not possible unless the purchaser has set up an online account with us that entitles it to use the Software. Under the terms of this agreement, we shall not be obligated to set up such an account. The customer shall not be entitled to transfer the online account that has been set up for it to a third party without our consent. The customer shall also not be entitled to provide access to its online account for use by a third party.<\/li>\n<li>Sections II.1 and 2 shall be without prejudice to the customer\u2019s right to transfer parts of the Software designated for this purpose (e.g. the MATCH Middleware CORE) or other software created using the Software (embedded software or applications) under the scope of use (section II.4) to its machinery or products, where this is in accordance with the Software\u2019s designated function, namely creating a specific application.<\/li>\n<li>Unless otherwise agreed or stipulated below, the customer may use the Software exclusively for the development of embedded software for machinery and its use in this machinery, for testing, validating and simulating this software as well as other associated activities, e.g. maintenance, setup, diagnosis, configuration, and documentation of this software (\u201cPurpose of Use\u201d).<\/li>\n<li>The customer is entitled to the delivery of the Software as well as of the associated documentation (description of the Software, program and\/or user manual in text form). The customer is responsible for installing the Software. Delivery may also be effected in the form of the provision of a download link.<\/li>\n<li>The grant of the right of use shall take place in a manner that the customer is able to execute the Software in only one instance at any given time. Using the Software in parallel instances \u2014 including in different versions \u2014 is not permitted.<\/li>\n<li>Training on using the Software may be commissioned by the customer and shall be subject to the payment of a separate remuneration.<\/li>\n<li>The customer shall advise us in text form of all sites (PC) where the Software is installed (\u201cInstallation Site\u201d). This shall also apply to any subsequent change of the Installation Site. Transfer to another Installation Site may take place no earlier than sixty (60) days where the customer cannot demonstrate to us a legitimate interest in changing the Installation Site at an earlier point in time.<\/li>\n<li>The customer shall not be entitled to be provided the program codes or source codes.<\/li>\n<li>The right to edit the Software shall be limited to preserving or restoring the Software\u2019s agreed functionality.<\/li>\n<li>The right to decompile the Software is granted, subject to the conditions of section 69e (1) point (1) to (3) of the German Copyright Act (UrhG) and section 69e (2) point (1) of the Act.<\/li>\n<li>No usage or exploitation rights in the Software extending beyond this are granted to the customer.<\/li>\n<li>Where the Software is a test version, the customer may not use it for commercial, industrial or production purposes. The Software may be used only for evaluation and testing purposes. Testing versions are not suitable for deployment in productive, critical security\/safety or cyber-security operating environ-ments. Test versions are subject to an electronic expiration date. The functionality of the Software may also be limited. The customer undertakes not to attempt to bypass or disable the electronic expiration date or the functionality restrictions. Any such attempt shall constitute a breach of the license agreement.<\/li>\n<li>Where the Software is a pre-release version, in which new functionality in particular is presented to the customer, the customer may not use it for commercial, industrial or production purposes. The Software may only be used for pre-development purposes. Pre-release versions are not suitable for deployment in productive, critical security\/safety or cyber-security operating environments. Pre-release versions are subject to an electronic expiration date. The functionality of the Software may also be limited. The customer undertakes not to attempt to bypass or disable the electronic expiration date or the functionality re-strictions. Any such attempt shall constitute a breach of the license agreement.<\/li>\n<li>Under an academic stand-alone (single) license or campus license the Software may be used only by students and instructors of academic institutions for education and research purposes at an institution of higher learning authorized by us. However, the Software may not be used for commercial purposes or the purposes of third parties. The grant of an academic standalone (single) license is subject to the provision of valid proof of enrollment of the student and\/or engagement in a teaching activity.<\/li>\n<li>Upon request, and where there is a legitimate interest, the customer shall permit us or a third party commissioned by us to verify that the Software is being used in accordance with the rights granted hereunder; the customer shall use its best efforts to render assistance in the conduct of any such verification. Verification shall take place during normal business hours, on Installation Site at the customer\u2019s or by remotely. We may demand that the customer grant us or a third party (who is commissioned by us and obligated to maintain confidentiality) access to documents, systems and information where this is required to verify the use of the Software as provided for by the agreement. We undertake to use any and all confidential information of the customer that becomes known to us in this context only for the purpose of verifying the use of the license and will not disclose it to third parties.<\/li>\n<li>A license key is required for activating the Software. The license key will be provided by us upon payment of the remuneration in full. The purpose of the license key is to facilitate the furnishing of proof by the customer of its right to use the Software. Solely being in possession of or using the license key shall not be deemed to grant the right of use of the Software. Any such right shall arise only under an agreement or as stipulated by law.<\/li>\n<li>The customer may not use the Software installed by it for the first time unless it activates the Software upon installation over the Internet and via the user account set up for it. The user account is linked to the customer directly; transfer to another individual is subject to our consent.<\/li>\n<li>In order to execute the Software, the hardware and operating system requirements indicated in the product description (\u201cSystem Requirements\u201d) must be satisfied. In order to check and verify the license, a connection to the Internet is required at least once a year.<\/li>\n<li>The product support period as set out in the EU Regulation 2024\/2847 (Cyber Resilience Act) applicable to the respective software version follows from the product documentation or support policy provided upon the conclusion of the agreement.<\/li>\n<li>The grant of the right of use is subject to the condition precedent that payment shall have been effected in full. We will tolerate the use of the Software by the customer until payment in full of the remuneration has been received. This forbearance shall be revocable where the customer is in arrears with the payment of the purchase price.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2>III. Maintenance<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>The agreement under which the grant of a user license takes place is also associated with an agreement on the maintenance of the Software under which the customer is entitled to the following services during the maintenance period in exchange for payment of an annual maintenance fee:<br \/>\na) Access to current updates for the Software, however, shall not be deemed to constitute entitlement to the development of a software update save as provided for by statutory obligations as set out in section IV. sentence 1.<br \/>\nb) Option to acquire add-ons, subject to the payment of a fee.<br \/>\nc) Access to the personalized web portal, including the download area for the version of the Software used by the customer and the documentation, the web help desk and the FAQ area with self-help material.<br \/>\nd) E-mail support: the customer may submit support requests by e-mail. We will respond to the requests of the customer using our best efforts and exercising due care. Where the version\/build and other information is required to reproduce the operating conditions of the Software in the customer\u2019s environment, we may request such data from the customer. We undertake to provide e-mail support if and only if the Software is used in accordance with the System Requirements (section II. 19).e) The customer shall have the option of changing the basic version of the Software, however, this shall be subject to additional costs, payable by the customer. Any reimburse-ment of costs, e.g. when switching to a more favorably priced basic version, is precluded.<\/li>\n<li>Any updates (including, but not limited to, security-certified updates) of the embedded auto-code builder, modules and\/or embedded middleware, or parts thereof, or of embedded libraries, will be provided only under a maintenance agreement. This shall apply in particular to installing new versions of the board support packages (BSP) of the supported embedded hardware platforms. This shall not apply to updates as set out in section IV. to which the customer has a mandatory statutory entitlement.<\/li>\n<li>No upgrades of the Software will be provided to the customer under the maintenance agreement.<\/li>\n<li>The maintenance term shall initially be three (3) years (minimum term). It shall commence upon entering into the license agreement and shall automatically renew for a further year unless four weeks\u2019 written notice is given by one of the parties for the end of the initial or renewed maintenance term.<\/li>\n<li>The foregoing shall be without prejudice to the right of either party to terminate the maintenance agreement for good cause in exceptional circumstances.<\/li>\n<li>No maintenance fee is payable for the first year of maintenance. The contractually agreed annual maintenance fee is payable for the second and third year, and any renewal maintenance term, as applicable. It is payable for the first time within fourteen (14) days of the beginning of the second and third year of the maintenance term or within fourteen (14) days of the beginning of any renewal maintenance term.<\/li>\n<li>We shall be entitled to adjust the amount of the annual maintenance fee at our discretion to reflect the impact of changes associated with the overall costs of providing our services. Cost elements that impact the maintenance fee include, but are not limited to, license and usage-based charges for third-party software deployed in providing the maintenance services, personnel and material costs associated with the technical provision of maintenance services (e.g. support, error analysis, scheduled maintenance), costs of the technical infrastructure that is used directly for providing the maintenance services, levies imposed by operation of the law or regulatory authorities, and similar mandatory cost components. Cost increases associated with individual factors shall entitle us to raise the maintenance fee charged by us insofar as they cannot be offset by cost reductions in other areas. Any changes in prices shall apply at the earliest six weeks upon notification thereof to the customer. The customer shall have the right to terminate the maintenance agreement by giving notice no later than six weeks upon receipt of notification of the increase in fees.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2>IV. Security updates<\/h2>\n<p>&nbsp;<\/p>\n<p>Without prejudice to what is provided for in sections III. and V., we will provide to the customer security updates, free of charge, under our statutory obligation for the respective software version during the designated support period to the extent that they are necessary for remedying or minimizing a security gap or vulnerability in the Software. We also have the right \u2014 over and beyond our legal obligation \u2014 to provide the customer updates that are designed to eliminate or minimize a potential or actual security gap or vulnerability in the Software. We may designate a security update to constitute an obligatory security update where the continued use of non-updated software is associated with significant cybersecurity risks. The customer undertakes to immediately cease using the Software in the event that the respective security update has not been applied, however, in any event no later than thirty (30) days upon the obligatory security update becoming available. In the event of critical or actively exploited security gaps and vulnerabilities, we may insist on a briefer adequate period. In the event that the customer does not comply with the aforementioned deadline, we shall be entitled to withdraw from the license agreement and demand compensation for the use by the customer derived up until withdrawing from the agreement. \u201cSecurity gaps and vulnerabilities\u201d as used here refer to properties in the Software that enable unauthorized access by third parties to the Software or the respective system from outside, as well as circumstances that lead or might lead to an undesirable behavior of the Software or other software created using the Software, as well as \u201cvulnerabilities\u201d as set out in EU Regulation 2024\/2847 (Cyber Resilience Act).<\/p>\n<p>&nbsp;<\/p>\n<h2>V. Rights in the event of material defects<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>The Software provided by us substantially corresponds to the product description. Claims based on material defects will not be entertained where there are minor or immaterial deviations from the agreed or stipulated characteristics or in the case of only slight impairment of serviceability. Product descriptions and performance figures in public statements, including, but not limited to, advertising media, shall not be deemed to constitute a guarantee where there is no separate written agreement to this effect. Where updates, upgrades and new versions are made available, the respective claims based on defects shall be limited to the new features of the update, upgrade or new version supplied compared to the previous version release.<\/li>\n<li>No claims based on defects will be entertained where the customer makes modifications to the Software or parts of the Software personally or has modifications made by third parties without our authorization, including, but not limited to, generated embedded code or parts thereof. The same shall apply to errors attributable to faulty installation work on the part of the customer or software used by the customer that modifies the Software installed on hardware or otherwise impacts it. The same shall also apply to defects based on the circumstance that the customer did not install the security updates provided as set out in section IV., did not heed security information, uses the Software outside of the agreed system environment, or performs unauthorized modifications, enhancements or integrations. This shall be without prejudice to statutory obligations to address vulnerabilities of unmodified Software. We will assume no liability for the fitness for purpose of the software generated by the customer for use in a specific machine or for interfaces to this machine.<\/li>\n<li>Sections VIII. 2 and 3 of our Special Conditions of Sale and Delivery for Software\/Freeware shall apply to test and prerelease versions, where they are provided free of charge.<\/li>\n<li>Test versions and pre-release versions of the Software are versions that have not undergone testing for their designated purpose or for which such testing has not been completed. Using this software may lead to unforeseen program behavior in individual cases, consequently the customer is advised to examine the output produced by these versions and\/or APIs.<\/li>\n<li>We shall be entitled to stipulate the manner in which the remedying of defects takes place. The remedying of defects may be effected by way of the provision of a download link for an up-date. The customer is responsible for installing the update provided in this manner itself. In the event that remedying a defect is not possible by providing an update because a reasonable installation measure was not performed by the customer despite the foregoing provision, and, as a consequence, an onsite deployment on the part of us was required, the customer shall assume the added expense necessitated by this.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<h2>VI. Rights in the event of defects of title<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>The Software supplied or provided by us is free of any third-party rights which would prevent its use as agreed herein, save for reservations of title customary in the industry until all amounts outstanding have been paid.<\/li>\n<li>To the extent defects in title exist, we shall be (a) entitled at our option to either (i) take legitimate measures to remove the third party rights that impair the contractual use of the Software, or (ii) remedy the enforcement of such claims, or (iii) modify or replace the Software in such a manner, that it no longer infringes the rights of third parties, provided and to the extent that this does not substantially impair the warranted functionality of the Software, and (b) under an obligation to reimburse the customer for its necessary refundable costs incurred in the enforcement of legal claims.<\/li>\n<li>If it is not possible to obtain a release pursuant to section VI.2 within a reasonable period of time stipulated by the customer, then the customer may, subject to the statutory prerequisites, at its option withdraw from the agreement or reduce the amount payable and claim compensation for damages.<\/li>\n<li>Section V. 3 shall apply accordingly.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2>VII. Functional safety, generation of embedded code<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>Where the Software or parts of it is certified pursuant to public law rules and regulations pertaining to functional safety, the respective certificates are available in which the applicable technical standards and security levels achieved are specified. The customer will be advised of existing certificates upon request. In this case, the customer shall comply with and apply the requirements of the technical standards indicated in the certificates and the associated safety manuals. Certification cannot cover or serve as a substitute for necessary testing and processes pertaining to functional safety to be implemented by the customer.<\/li>\n<li>Other software created using the Software (e.g. embedded software or embedded software applications) is to be tested and validated by the customer for the designated technical system environment in which it is embedded as stipulated by public law rules and regulations pertaining to functional safety and the current state of the art, irrespective of whether such software is certified.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2>VIII. Limitation of liability<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>We shall assume liability only in cases of gross negligence and willful misconduct. Moreover, we shall also assume liability for defects fraudulently concealed or whose absence has been guaranteed, or in cases of negligent causation of harm to life, limb and health, or the violation of a material contractual obligation. Obligations considered material to the agreement are those whose performance is vital to the proper execution of the agreement and upon which the Customer may routinely rely.<\/li>\n<li>This shall be without prejudice to mandatory liability, including, but not limited to, liability under the German Product Liability Act (ProdHaftG).<\/li>\n<li>Otherwise we disclaim all liability, regardless of the legal grounds on which any such liability may be founded. In the event that we should negligently breach any material contractual obligation, our liability shall be limited to the reasonably foreseeable loss.<\/li>\n<li>4. We shall not be held liable for the loss of data to the extent that said loss is based on the customer\u2019s failure to make data back-ups and thus contribute to ensuring that lost data can be recovered with reasonable effort.<\/li>\n<li>We will accept no lumpsum compensation where this is not provided for by law.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2>IX. Indemnity clause (release from liability)<\/h2>\n<p>&nbsp;<\/p>\n<p>To the extent that third parties assert claims against us and we have not acted in a premeditated manner or gross negligently, or fraudulently concealed defects or guaranteed their absence, or engaged in the negligent causation of harm to life, limb and health, or violated a material contractual obligation, the customer shall indemnify us and hold us harmless against these claims including any costs.<\/p>\n<p>&nbsp;<\/p>\n<h2>X. Intellectual property rights, confidentiality<\/h2>\n<p>&nbsp;<\/p>\n<p>The customer undertakes in particular to adequately protect the Software and its documentation against unauthorized copying or use. The customer shall not be entitled to disassemble, decompile or reverse-engineer the Software or reuse parts of it, unless stipulated otherwise in section II.<\/p>\n<p>&nbsp;<\/p>\n<h2>XI. Miscellaneous provisions<\/h2>\n<p>&nbsp;<\/p>\n<ol>\n<li>In addition, our General Conditions of Sale and Delivery and our Special Conditions of Sale and Delivery for Software\/Freeware shall also apply (available for download from our website: www.hydac.com \u2192 General Terms and Conditions). In the event of any inconsistencies or contradictions, these License Terms and Conditions shall prevail. Any alternative terms and conditions of the customer, especially those contradicting these terms and conditions, will not be recognized by us.<\/li>\n<li>If any of the above provisions should prove void or unenforceable, it shall not affect the validity or enforceability of any other provision hereof.<\/li>\n<li>The place of performance shall be the registered office of our company. This shall also be the exclusive place of jurisdiction for all disputes arising from the business relationship with the customer. However, we also reserve the right to bring action against the customer at the customer\u2019s domicile. The relations between the customer and us shall be governed and interpreted exclusively in accordance with the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p>Status: 06.2026[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>[vc_row][vc_column][vc_empty_space height=&#8221;99&#8243;][dhsv_vc_anker type=&#8221;nav&#8221;][\/vc_column][\/vc_row][vc_row dhsv_margin_top=&#8221;vc-margin-top-medium&#8221;][vc_column][dhsv_vc_anker type=&#8221;point&#8221; title=&#8221;Conditions Rental&#8221; id=&#8221;conditions rental&#8221;][dhsv_vc_headline index=&#8221;CONDITIONS RENTAL&#8221; headline=&#8221;CONDITIONS: RENTAL OF SOFTWARE&#8221; subline=&#8221;HYDAC MATCH Software Suite License Terms and Conditions for the rental of Software&#8221;][\/vc_column][\/vc_row][vc_row][vc_column][vc_column_text css=&#8221;&#8221;] I. 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