Ondics „Lufft I-BOX App“ End User License Agreement

Ondics „Lufft I-BOX App“ EULA
Version 1.0

The „Lufft I-BOX App“ (hereinafter: App, app, software or application) is licensed to you by Ondics GmbH, Neckarstraße 66/1a, 73728 Esslingen, Germany (hereinafter: Licensor) for use only under the terms of this license agreement.

By downloading the application from the IAT App-Store (hereinafter: App-Store) operated by the licensor you accept this license agreement.

The parties of this license agreement acknowledge that the operator of the App-Store – if not Ondics GmbH – is not a party to this license agreement and is not bound by any provisions or obligations with regard to the app, such as warranty, liability, maintenance and support thereof.

All rights not expressly granted to you are reserved.

1  The App

The App is software created for functional extension of the “Lufft I-BOX“ (hereinafter: app end user device), a product of Ondics GmbH. It is used to optimize measurement tasks and integration in cloud and company networks. The app is only intended to run on the app end user device. The app is part of the “Lufft I-BOX“eco system, consisting of the app end user device with the firmware, the apps and the app-store.

2  Scope of License

2.1  You are granted a non-exclusive, non-sublicensable, non-transferable right to    install and use the App on any app end user device that you own or control and which is supported by the App as permitted by the Usage Rules of the App-Store Terms of Service.

2.2 This license will also govern any updates of the App provided by Licensor that replace and/or supplement the original App, unless such update is accompanied by a separate license in which case the terms of that license will govern.2.3 You may not distribute or make the App available to third parties (unless to the extent permitted by the App-Store Terms of Service) lend, rent, lease, sell or otherwise redistribute the App.

2.4 You may not decompile, reverse engineer, disassemble, translate, integrate, adapt, create derivative works or updates of, or attempt to derive the source code of the Application, or any part thereof.

2.5 You may not copy (except as expressly permitted by this license and the App-Store Terms of Service) or modify the App of parts thereof. You may create and store copies only on devices that you own or control for backup keeping in accordance with the terms of this license, the App-Store Terms of Service and any other terms and conditions that apply to the device or software used. Care must be taken that no unauthorized third parties gain access to these copies at any time.

2.6 Violations of the aforementioned obligations as well as the attempt of such violation may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing

2.8 Nothing in this license is construed to restrict third party terms. When using the App you have to ensure that you comply with applicable third party terms and conditions.

3  Technical Requirements

3.1 The App is designed for the use on app end user devices. It requires a firmware version 1.0.0 or highter. Using the latest version of the firmware is recommended.

3.2 Even though Licensor endeavors to keep the App updated so that it complies with modified/new versions of the firmware and new hardware, no right to claim such update is granted to you.

3.3 You acknowledge that it is your responsibility to verify and ascertain that the app end user device on which you intend to use the App fulfils the technical requirements mentioned above.

3.4 Licensor reserves the right to adapt the technical requirements as it sees fit at any time.

4  Updates and Application versions for other app end user device

4.1 Licensor endeavors to make available updates and App versions for app end user devices which are not yet supported by the App and which are considered relevant from its point of view. The decision, for which models of app end user devices App versions will be provided is at the sole discretion of Licensor. You shall have no legal claim that Licensor provides you with an update or executable version for a particular device.4.2 Updates and versions of the App for other app end user devices – if any – will be made available in the App-Store for download.

5  User Obligations regarding data backups for possible software conflicts

By the duty of reasonable care you are obliged, before installing the App to investigate if the installation of the App might lead to conflicts with other software installed earlier and to ascertain that you have made backup copies of all of your data before the first installation of the software. Additionally, you are obliged to create further backup copies during the continued use of the App, and to take all further reasonable precautions against software errors.

6  Warranty

6.1 Licensor warrants that the App is free of viruses, trojan horses, spyware or any other malware at the time of your download. Licensor also warrants that in all essential points the App works as described in the user documentation, provided the App is executable on the device, it has not been modified, it has not been installed or combined with by other incompatible software and provided that no other reasons out of your sphere of influence affect the executability of the App.
You are obligated to examine the App immediately after installing it and complain about faults discovered without delay by e-mail or letter to the Contact address provided under Section 9. Claims due to obvious defects can only be made if the defects are reported to the Licensor within a period of 14 days after discovery. The report is considered as being in due time if it has been mailed within this period.

6.2 If the Application proves to be defective, Licensor shall first be given the opportunity to supplementary performance – depending on the nature of the defect and other circumstances also repeatedly – either by means of remedying the defect or substitute delivery.

6.3 In the event of any failure of the Application to conform to any applicable warranty, you may notify the App-Store-Operator and he will refund the purchase price for the App to you. To the maximum extent permitted by applicable law the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any warranty.

6.4 Warranty of the Licensor is excluded in the case that faults or defects are caused by unauthorized modification of the App, inappropriate or culpable handling, by combination with inappropriate hard- or software, or by use of inappropriate accessories, regardless if by Yourself or by third parties. Claims for damages on account of defects of the Application can only be made under the conditions listed in Section 7.

6.5 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to 12 months after the App has been provided to the user. For users who are consumers the statutory periods of limitation given by law apply.

7  Liability

7.1 Licensor’s liability in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of violation of essential contractual obligations (cardinal obligations) Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The aforementioned limitation of liability does not apply to damages to life, limb and health.

7.2 Licensor takes no responsibility and liability in case of loss of passwords, inaccessibility and loss of secrets encrypted by means of the App as result of the loss of the password. To prevent loss of data, you are demanded to make use of backup functions of the Application to the extent allowed by applicable third party terms and conditions of use.

7.3 Licensor takes no responsibility or liability for any damage caused due to a breach of obligations according to Section 2 of this Agreement.

8  Legal Compliance

You represent and warrant that You are not located in a country that is subject to a german Government embargo, or that has been designated as a “terrorist supporting” country; and that you are not listed on any list of prohibited or restricted parties issued by german Bundesamts für Wirtschaft und Ausfuhrkontrolle

9  Contact Information

In case of questions, complaints or claims with respect to the Application please contact::

Name:    Ondics GmbH Support
Adresse:     Neckarstraße 66/1a, 73728 Esslingen, Deutschland
Telefon:    +49 711 310093100
E-Mail:     support@ondics.de

10  Consent to use of data

You agree that Licensor may collect and use technical data and information, including but not limited to technical information about your app end user device, operating system and software that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products.

11. Termination

11.1 The license is effective until terminated by a party to it. Your rights under this license will terminate automatically and without notice from the Licensor if you fail to comply with any term(s) of this license.

11.2 Upon termination of the license, you shall cease all use of the App, and destroy all copies, full or partial, of the App.

12 Third Party Beneficiary

In Accordance with the App-Store Terms of Service the App-Store-Operator shall be third party beneficiaries of this End User License Agreement and – upon your acceptance of the terms and conditions of this license agreement, the App-Store-Operator will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third party beneficiary thereof.

13  Applicable Law

This license agreement is governed by the laws of the Federal Republic of Germany excluding its conflicts of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

14  Miscellaneous

14.1 If any of the provisions of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by valid provisions formulated in such a way that the intended purpose will largely be achieved.14.2 The rights and obligations deriving from an agreement made between the parties on the basis of these regulations cannot be transferred to any third party.

14.3 Licensor is entitled to change these terms and conditions, in which case it will inform you of the changes being effected. Such changes will be considered mutually binding unless you contradict them within 4 weeks after first possibility of becoming aware of them.

14.4 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.