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ORTIM c6Generating Time Studies on Android™ Devices
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ORTIM c6Generating Time Studies on Android™ Devices
Version 3.1
++49-431-550900-0
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Contents Page 3
Contents
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Overview
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51.1 System requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51.2 Installation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Managing the Studies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62.1 Prepare study
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62.2 Import study from ORTIMzeit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Direct exchange via USB Cable
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Since Android version 3.0
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Before Android version 3.0
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Send via e-mail
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82.3 Transfer study to ORTIMzeit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Direct exchange via USB cable
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Since Android version 3.0
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Before Android version 3.0
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Send via e-mail
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Using a cloud service
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Work Measurement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103.1 Description of the data entry user interface
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113.2 Describe work cycle elements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123.3 Select work cycle element
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133.4 Measure times
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143.5 Enter performance rating
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143.6 Cyclic measurement
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143.7 Reference quantities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153.8 Outliers and interruptions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153.9 ti-transfer
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153.10 Evaluations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16Evaluation of a cyclic work cycle element
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Evaluation of a non-cyclic work cycle element
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Cyclic total evaluation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 Settings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194.1 Study settings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204.2 Device settings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 Annex
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 License Agreement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0Annex
Overview Page 5
1 Overview
ORTIM c6 provides functions for generating time studies on devices running the Android™ operatingsystem.
Besides time measurements, this also entails the ability to assign performance ratings to measuredvalues, to record reference quantities in addition to identifying outliers and interruptions. What ismore, the work cycle elements involved can be described.
1.1 System requirements
ORTIM c6 runs on any device equipped with the Android operating system (version 2.3 or higher).
To evaluate and print out your data in detail, you require ORTIMzeit version 5.3 or higher. You canalso use ORTIMzeit to prepare, continue and combine studies.
You can exchange the data with ORTIMzeit on the one hand by writing directly into an import andexport directory on the device. To use this method, you require a USB data cable for your Androiddevice and a free USB port on your PC. On the other hand, you can also exchange the data by e-mailor via a “cloud” (e.g. Dropbox, Google Drive, OneDrive, SugarSync or a private – e.g. on ownCloudbased solution).
1.2 Installation
To install the software on your Android device, use the device to access the Google Play Store on theInternet and search for “ORTIM c6”. The installation itself is self-explanatory.
Once ORTIM c6 has been installed on your device and is ready for use, you can launch theapplication by tapping on the icon “ORTIM c6”.
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2 Managing the Studies
The Study Manager is displayed once ORTIM c6 has started.
To open a study, simply tap on the study you require. The user interface for generating and editingthe work measurement opens.
If you tap on a study and wait a while before releasing the stylus (so-called ’long-clicking’), thecontext menu of the study opens, allowing you, for instance, to delete the study or to change itsname.
2.1 Prepare study
Selecting the icon in the menu bar and/or New study in the menu allows you to create a newtime study. You need to assign the new study a unique name when you do this.
If you have already performed a similar time study, you can also use this time study to create aframework copy and use this for your measurements. The framework copy contains all the data ofyour study except for the measured values and the log. In this way, you can also generate samplestudies for yourself and use a framework copy of one of these sample studies during the workmeasurement. You create a framework copy via the context menu (by long-clicking) of the study.
2.2 Import study from ORTIMzeit
You can make a study you have prepared for ORTIM c6 available for processing on your device in anumber of different ways.
Managing the Studies Page 7
Direct exchange via USB Cable
Since Android version 3.0
To use this method, you connect the Android device with a USB connecting cable to your workstationcomputer. After a short delay the device should appear within Windows Explorer under Computer.Subsequently, copy the file into the subdirectory Internal storage » ORTIM » c6.
On the device, you can subsequently import the study into the Study Manager via the icon and/orImport menu option.
Before Android version 3.0
Data is exchanged between the PC software ORTIMzeit and the Android data acquisition programORTIM c6 via the SD card inside the device. You can (if possible) remove the SD card from the deviceand connect it with your PC via a corresponding adaptor and transfer the data this way. With manydevices, it is easier if you register the SD card as a USB memory or USB hard drive on your PC. Todo this, you require the corresponding USB drivers from the manufacturer of your device. Generallyspeaking, these are included with the synchronization software to your device. If this software wasnot supplied along with your device, you can download it from the device manufacturer’s website.
After connecting the USB cable between the PC and Android device, you will normally be asked howyou would like to use the connection. Select either USB memory or USB hard drive, etc. (Thedesignations vary among the different devices). The example for a Samsung device is shownopposite.
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Once the connection has been set up, you will find the SD card in the Windows Explorer as aremovable medium. You can now use ORTIMzeit to write the prepared study to the SD card andlikewise to import data following the work measurement.
After terminating the connection, select the import icon on the device. The studies on the SD cardare displayed and, by tapping on the required study, this will be incorporated into the Study Managerof ORTIM c6.
Send via e-mail
To use this method, send the study by e-mail as an attachment to an e-mail address configured onthe Android device. Within your e-mail program on the device, you then tap on the file. The study willbe imported automatically.
2.3 Transfer study to ORTIMzeit
The same options you have for importing prepared studies from ORTIMzeit are basically also availableto you for exporting the work measurement to ORTIMzeit.
ORTIMzeit only imports the study if you have activated the device in ORTIMzeit or if you have not yetused the device to start a timer for this study.
Direct exchange via USB cable
Since Android version 3.0
To use this method, select the Export option within the study’s context menu (by tapping on thesmall triangle at the end of the line with the study name). The study is exported into the samedirectory from which studies can also be imported (see above). If a study with the same name alreadyexists, you will be asked to confirm whether or not this study is to be overwritten.
Managing the Studies Page 9
To export the study to ORTIMzeit, you need to connect the Android device with a USB connectingcable to your workstation computer. After a short delay the device should appear within WindowsExplorer under Computer. You will find the study within the subdirectory Internal storage » ORTIM» c6. For further details, please refer to the ORTIMzeit user manual.
Before Android version 3.0
Finished time studies can be managed and evaluated with the PC software ORTIMzeit. To allow thework measurement to be imported into ORTIMzeit, the study can be written back onto the SD card.This can also be done as a way of gaining interim results. To transfer the study to the SD card, openthe context menu of the study by long-clicking on the study. Next, select Export. Subsequently, youneed to re-connect the SD card (as described earlier) with your workstation computer.
Send via e-mail
Within the study’s context menu, select the Share option and subsequently choose the e-mailprogram. Send the study by e-mail as an attachment to an e-mail address configured on yourworkstation computer. You can then use your e-mail program to save the file in a directory in order toexport the data to ORTIMzeit.
Using a cloud service
From the study’s context menu choose the Share option and select the cloud service you require.You can then generally find the study in the cloud drive on your workstation computer.
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3 Work Measurement
3.1 Description of the data entry user interface
1. List of work cycle elements
2. Active work cycle element
Work Measurement Page 11
3. Identification of a cyclic work cycle element
4. Buttons for performance rating assignment
5. Measured values of the active work cycle element
6. Indicator for a reference quantity defined for the measured value
7. Performance rating of the respective measured value (if assigned)
8. Indicator for an interruption
9. Indicator for a bracketed measured value
10. Number and name of the active work cycle element
11. Name of the time study
12. Active measured value
13. Serial number of the measured value within the work cycle element
14. Running timer
15. Start timer and set measuring point in the active work cycle element
16. Mark interruption
17. Mark outlier
18. Enter (cyclic) reference quantity
19. Cyclic measuring
20. Record intermediate time
3.2 Describe work cycle elements
Work cycle elements are subdivisions of the process under examination. These should be describedas the first step in a work measurement. You do this by calling up the context menu of the workcycle element to be edited (by long-clicking on it) and selecting Edit WCE name/text.
The work cycle element name normally contains a simple and unique as possible description of thework cycle element, e.g.: “Screw in bolts“.
The WCE text is generally used for describing the work cycle element in detail, e.g.: “Take 6 boltsfrom the container. Insert bolts by hand and tighten slightly. Pick up impact driver, tighten boltsfirmly, set down impact driver.”
In the case of work cycle elements that have no name and which have been transferred to ORTIMzeit,either because the contain measured values or have been highlighted as cyclic (see below) or acyclic reference quantity has been entered, the designation “<unnamed>“ appears in the list,informing you that these work cycle elements have not yet been described.
Work cycle elements that have no measured values can be removed.
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3.3 Select work cycle element
The number of the active work cycle element is displayed top left, followed by its name. If the list view(see below) is set, the work cycle element names will also appear in the list in the center of thescreen. Tap on an entry in the list to select a different work cycle element.
If you have set Measure with WCE selection, a measured value will be generated at the same time.If you would like to select the work cycle element without generating a measured value, long-click theentry until the context menu appears and choose Select. (This entry is only available if the settingMeasure with WCE selection is enabled).
If view is selected (see below), the buttons for selecting the active work cycle element are available.Here too, you can open the context menu to the work cycle element by long-clicking on it.
Work Measurement Page 13
3.4 Measure times
Measuring begins when the timer is started. The MP button starts the timer. To stop the timer, you
can select the Stop timer option in the menu. If you exit with , the timer will also be stopped afterprompting you to confirm this request. The starting and stopping of the timer is recorded in the studylog. The study log can be viewed and printed out with ORTIMzeit.
The MP button is also used for performing measurements. In this case, the measured value isassigned to the active work cycle element. When performing measurements, you should thus firstselect the work cycle element and tap MP on its completion. The result can subsequently be seen inthe top part of the screen.
Note: It is not the moment of tapping on the button that is registered as the measurement time, butthe moment the button is released. If you touch the button too early (e.g. work under observation isnot finished, but continued), it is possible - by sliding your finger to an adjacent area - to preventmeasuring points from being set too early.
Alternatively, you can perform measurements by selecting the work cycle element. To do this, youneed to set the Measure selection list to WCE selection in the Settings . When the timer isstarted (start with button MP), you can then set measuring points simply by selecting the work cycleelement under observation.
Measured values are displayed in the top part of the screen. You move forwards and backwardswithin the work cycle element by swiping and moving to the left and right.
The top measured value line displays the assigned performance ratings. An “R“ is used to indicate if areference quantity has been assigned to the measured value (only possible for non-cyclic work cycle
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ORTIM c6Page 14
elements). The right-hand edge of the screen displays the serial number in the work cycle element ofthe active measured value.
The bottom measured value line displays the times (as element time or cumulative time (see Settings ) of the measured values. In the far right, the running timer is displayed if this has beenstarted, otherwise the current cumulative time of the study. Times are always displayed in HM(hundredths of minutes, 1 HM = 0.01 min = 0.6 s).
If the measuring point for the work cycle element under observation is reached and the right workcycle element has not yet been selected, it is possible to record the intermediate time by selectingthe Stop button. The measurement time is then highlighted red and remains still, while the timercontinues to run in the background. You can then select the work cycle element in the normal wayand generate the measured value with MP. The running timer is subsequently displayed in the normalway again. If you have pressed the Stop button by mistake, you can abort this mode by pressing theStop button again. If Stop is pressed when the timer is not running, the timer will be started.
3.5 Enter performance rating
The performance rating is an assessed value, which is expressed as a percentage to an envisagedreference performance (definition by REFA). Performance ratings can be assigned to each measuredvalue. This is done by selecting one of the buttons on the left-hand side of the screen. You can adjustthe range of the performance ratings in the Settings in line with the local requirements.
The context menu to the measured value (long-click measured value) allows you to delete aperformance rating you have assigned by mistake. If you modify, delete or subsequently enter theperformance rating of a measured value, this will be recorded in the study log. The study log can beviewed and printed out with ORTIMzeit.
3.6 Cyclic measurement
If the individual activities defined in the work cycle elements are always performed in a fixed rhythm(e.g. WCE1 = insert, WCE2 = machine, WCE3 = remove), this sequence is referred to as being“cyclic”. The work cycle elements involved are identified accordingly by selecting the WCE cyclicoption from the context menu for the work cycle element. This is then referred to as a “cyclic workcycle element”. If a work cycle element is cyclic, this will be indicated by an asterisk after thenumber. For cyclic work cycle elements, an average value for the time is determined as opposed totime results. The WCE cyclic option acts as an on/off switch, that is, re-selecting it makes the workcycle element non-cyclic again.
The Cy button simplifies measuring when working with cyclic work sequences. This buttoncorresponds to the MP button with the difference that the measuring point for the following cyclicwork cycle element is registered immediately after releasing the button. This means you do not haveto select the work cycle element. If no cyclic work cycle element follows, measuring takes place inthe first cyclic work cycle element. The timer can also be started with Cy.
3.7 Reference quantities
If multiple work objects are processed at the same time in one processing step, you require what isknown as the reference quantity in order to correctly assign the time value. This is recorded by using
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Work Measurement Page 15
the RQ button and entering the value. If no reference quantity is entered, the value 0 is automaticallyused for calculating with.
With cyclic work cycle elements, it is only possible to specify one value per work cycle element as acyclic reference quantity. With non-cyclic work cycle elements, a reference quantity can be assignedto each measured value.
To determine the time of a non-cyclic work cycle element, the total of its measured values is dividedby the total of its reference quantities. With cyclic work cycle elements, the average time is dividedby the cyclic reference quantity. If the total of the reference quantities and/or the cyclic referencequantity is 0, no division takes place.
3.8 Outliers and interruptions
For the measurement, untypical measured values (otherwise known as ’outliers’) can be switched’inactive’ by selecting button ( ), that is, they are not included in the evaluation. In the top part of thescreen, these measuring points are identified by a set of brackets around the time.
Interrupted measurements (e.g. releasing the MP button too soon) can be resumed without anyproblems. To complete the measurement, the first measured value (set too soon) is assigned anindicator by selecting the + button. As a result, during the evaluation, the complete measured value isgenerated by being added to the next measured value.
3.9 ti-transfer
If a measured value has been assigned to the wrong work cycle element (e.g. as a result of forgettingto select a work cycle element prior to setting the measuring point), it is possible to correct this bymoving the measured value to the correct work cycle element.
This is done by selecting option ti-transfer in the context menu of the measured value. In the dialogwindow that is subsequently opened, you then select the right work cycle element. Selecting theBack button on the smart phone will abort the ti-transfer.
A ti-transfer is recorded in the study log. It is possible to view and print out the study log withORTIMzeit.
3.10 Evaluations
Selecting option WCE statistics in the context menu of the work cycle element allows you displaythe evaluation of the work cycle element.
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Evaluation of a cyclic work cycle element
CR
Cyclic reference quantity defined for the work cycle element.
t/CR
Time for the work cycle element. Here, the average of all the non-bracketed measured values isgenerated, multiplied with the average performance rating and divided by CR. If no cyclic referencequantity is assigned, no division by CR takes place. During the averaging, interruptions are combinedto form a measured value.
t
Time for the work cycle element. Instead of t/CR, t is displayed if the switch t/CR in sums has beendeactivated for the work cycle element in ORTIMzeit. The calculation ensues analogously to t/CR,although no division by the cyclic reference quantity takes place.
n
Number of the measured values and the number of measured values to be deducted from these in thework cycle element. Interruptions are combined here. Bracketed values and unresolved interruptionsare to be deducted in each case.
ε
(epsilon) Calculated relative confidence interval of t/CR and/or t in %: With a probability of (100-alpha)%, the actual time deviates by no more than ε from t/CR and/or t, where (100-alpha)% is thestatistical confidence coefficient. The value of alpha (usually 5%) can be checked in the settings.
n'
Work Measurement Page 17
Estimated number of measured values required in order to attain the target epsilon. The value oftarget epsilon can be checked in the settings.
Evaluation of a non-cyclic work cycle element
SR
Sum of the reference quantities within the work cycle element. In this case, the reference quantitiesof bracketed measured values are disregarded.
t/SR
Time for the work cycle element. In this case, the sum of all the non-bracketed measured values isgenerated, multiplied with the average performance rating and divided by SR. If the sum of thereference quantities is 0, no division by SR takes place.
t
Time for the work cycle element. Instead of t/SR, t is displayed if the switch t/R in sums has beendeactivated for the work cycle element in ORTIMzeit. The calculation is performed analogously tot/SR, although no division by the sum of the reference quantities takes place.
n
Number of measured values and the number of measured values to be deducted from these in thework cycle element. Interruptions are combined here. Bracketed values and unresolved interruptionsare to be deducted in each case.
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Cyclic total evaluation
Select Cycl. total evaluation in the menu to display an evaluation that includes all the cyclic workcycle elements.
The time is generated as a sum of all the cyclic work cycle elements. The number of cycles (n) andthe confidence interval (ε) are generated statistically taking account of the reference quantities. If allthe cyclic work cycle elements go into the calculation of the basic time, this e is an approximatevalue for the e displayed by ORTIMzeit for the basic time.
Settings Page 19
4 Settings
Via the menu you access the settings from the Study Manager. This is also possible from the workmeasurement.
4.1 Study settings
The first three settings are default settings for new studies. If you open the settings from a timestudy, these are the settings for the active time study.
Pr applies
Indicates whether performance ratings are updated forwards or backwards within the work cycleelements. If forwards is set, an assigned performance rating is applied to the measured that comeafter; up to the next measured value with the assigned performance rating. If backwards is set, thisperformance rating applies accordingly to all the measured values that come before up to the nextmeasured value with the performance rating. This setting can only be adjusted for the study until ameasurement is performed.
Alpha (a)
is the probability in %, with which the average value from the measured times deviates by more thanepsilon from the true but unknown average value. Usually, you select alpha=5%, such that youreceive a statistical confidence coefficient of 95%. You cannot change this setting in the device,although you can set it for individual studies during study preparation with ORTIMzeit.
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Target-e
(target epsilon) is the desired epsilon for the work measurement. It influences the value of n'. Youcannot change this setting in the device, although you can set it for individual studies during studypreparation with ORTIMzeit.
4.2 Device settings
The settings Smallest and Biggest Pr button allow you to define the range of performance ratingbuttons in the work measurement user interface. The buttons are available in 5% increments betweenthese values.
The addition, modification and deletion of performance ratings is logged. Consequently, users arenormally asked before each of these modifications whether or not they wish to perform the changes. Ifyou prefer not to be prompted to confirm these actions, you can deactivate the queries via check box Query Pr change.
The Measurement selection list allows you to define whether the measuring point is to be set by theMP button, or whether just selecting the work cycle element (option WCE selection) leads to themeasuring point being set.
Settings Page 21
The View selection list allows you to set whether the measured values are to be displayed with theirelement or cumulative times. This setting can also be changed during the work measurement. Thechange is also logged. If the display is set to cumulative time when the timer is started, this willalso be recorded in the log. The study log can be viewed and printed out with ORTIMzeit. This settingapplies to the device and thus affects the display for all the studies.
The Language selection list allows you to select the program language. This setting is only takesfull effect after restarting the application.
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5 Annex
License Agreement Page 23
6 License Agreement
The Licensee hereby concludes the following Agreement with Licensor, dmc-ortim GmbH.
§1 Subject of the Agreement
1. The subject of this Agreement are the rights of license to the dmc-ortim Software procured by theLicensee. In concluding this License Agreement pertaining to the Software, the Licensee acquiresthe right to use the Software programs in his own company for his own purposes. The programsremain the property of dmc-ortim GmbH as the Producer of the Software.
2. The shipment of new versions of the Software (updates and upgrades) is not covered by thisLicense Agreement.
3. Along with the Software, the Licensee receives user manual texts and information material, whichis merely of a descriptive nature.
4. This Agreement automatically applies for subsequent orders of Software Licenses. The Software,comprising in each case the data media with the computer program itself along with the programprotection facility and user manual texts, is protected by copyright. As far as dmc-ortim GmbHitself does not own these copyrights pertaining to the Software or parts thereof, it does, however,own the rights which allow their transfer for use by third parties.
§2 License fee, commencement of Agreement
1. The license fee will be stipulated by dmc-ortim GmbH in the form of a separate invoice.
2. This Agreement commences on being countersigned by the Licensee or at the latest, however,when the Software is put into use.
§3 Scope of the License
1. dmc-ortim GmbH grants the Licensee the unlimited, non-exclusive and personal right to use theSoftware on a stand-alone computer or on a network computer.
2. If the Software is installed on a network server, a separate License is required not for the serveritself but for each computer on which the software is to run.
3. The Licensee is entitled to create backup copies of the Software, as far as this is required fornormal usage.
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§4 Transfer of the License
1. The right for using the Software can only be transferred to third parties with the written consent ofdmc-ortim GmbH.
2. This also applies if the Software is only transferred to third parties for a short period of time.
§5 Limitations of the License
1. The Licensee is obligated to leave the Software in its original condition. In particular, he is notentitled to reverse engineer, decompile, disassemble or modify the Software in any other way.
2. Except for the purpose of creating his own backup copies, the Licensee is not entitled toreproduce the software. In particular, he is not entitled to make such copies or the actual Softwareavailable to third parties, unless the Software is also meant to be used by third parties and has aninterface to the outside for this purpose.
§6 Warranty and Liability
1. dmc-ortim systems are standard software applications. dmc-ortim GmbH reserves the right toimplement modifications to its standard software that are designed to enhance the user benefitsor for other practical reasons.
2. If a fault occurs in the Software, the Licensee is obliged to notify dmc-ortim GmbH of this at onceor at the latest within two weeks of its occurrence. This fault report is to be sent in conjunctionwith the log file to dmc-ortim GmbH (in the form of a printout, copied onto a data medium,transmitted by e-mail or ISDN). If requested, the Licensee shall also supply dmc-ortim GmbH withthe data in which the error was observed. dmc-ortim GmbH guarantees that these data will onlybe used for fault analysis purposes and subsequently deleted instantly.
3. A fault is regarded as a reproducible abnormal program termination in conjunction with an errormessage or malfunction, and not the absence of an additional program function desired by theLicensee.
4. dmc-ortim GmbH shall rectify at its own expense legitimate software errors. dmc-ortim GmbHshall endeavor to eliminate any such errors as swiftly as possible.
5. dmc-ortim GmbH is not liable for damages arising from software errors, unless, that is, legalregulations explicitly oppose this. The liability – both for dmc-ortim GmbH's own fault and for thefault of vicarious agents – is limited to wilful intent and gross negligence. The liability on the part ofdmc-ortim GmbH for vicarious agents is limited, provided that this does not involve higher-levelmanagement, to the care exercised in the selection of the vicarious agents and their supervision.
6. In the case of gross negligence, the extent of any damage claim is restricted to the net price forthe agreed service. Any compensation for damage is always restricted – in terms of the sum – tothe cover provided by dmc-ortim GmbH's business liability insurance at the time of the damageoccurring. This insurance cover currently stands at EUR 250,000.
7. dmc-ortim GmbH accepts no liability for errors, disturbances or damage arising from improperoperation, the use of unsuitable equipment, abnormal operating conditions and, in the case ofonline connections to the central system of an external manufacturer, for errors, disturbances ordamage attributable to this central system or the associated line network.
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§7 Breach of this Agreement
1. dmc-ortim GmbH is entitled to cancel this License Agreement at any time and with immediateeffect if the Licensee breaches any of the provisions set out in it.
2. The Licensee is liable to dmc-ortim GmbH for any damages arising from the breach of obligationsderived from this Agreement. For each breach of this Agreement, dmc-ortim GmbH can –irrespective of further claims for damages – and to the exclusion of the continuation of thecircumstances responsible for causing the breach – impose a penalty equivalent to 100% of thepurchase price for the corresponding overall program, without dmc-ortim GmbH having to prove indetail the actual damage incurred. Payment of this penalty does not release the Licensee from hisobligations to comply with the provisions of this Agreement.
3. If, contrary to § 5 subsection 1 of this Agreement, the Licensee tampers with the program andchanges the running of the Software, he is also liable to pay dmc-ortim GmbH a penalty ofEUR 10,000.
§8 Safeguarding clause, written form, jurisdiction
1. If parts of this Agreement are or become invalid or partially invalid, this does not affect the validityof the remaining provisions. In such instances, the contracting parties are obliged moreover toreplace the invalid provision with one that comes as close as possible to the original businessobjective. Any amendments to this Agreement require the written form.
2. Amendments to this Agreement can only be made in writing; this also applies to this written formclause.
3. This Agreement is subject to German law. The place of jurisdiction is Kiel.
