R. STAHL APP EXCOVERY | End User License Agreement
This present End User License Agreement (hereinafter: EULA) constitutes a valid and legally binding agreement between you, i.e. a private individual or a legal entity, and R. STAHL Schaltgeraete GmbH, Am Bahnhof 30, 74638 Waldenburg, Germany (hereinafter: R. STAHL) regarding the license to use of EXCovery, the mobile applica-tion software provided by R. STAHL (hereinafter: EXCovery). Any updates and any online or other support services offered by R. STAHL for EXCovery shall also be gov-erned by this EULA, if and insofar as they are not subject to specific conditions which take precedence. This EULA has been included in EXCovery in the form of an ac-cessible file and is also available in the app store you accessed as well as on www.stahl.de in text form and as a text file.
Please read this present License Agreement carefully in order to decide wheth-er you agree or disagree to the terms contained regarding the use of EXCovery. Installation of the R. STAHL application software EXCovery requires your prior acceptance of this EULA. If you do not agree to this EULA, you are not permit-ted to you use EXCovery. By installing or are using EXCovery, you accept without limitation this EULA.
Subject to full, complete and continued compliance with this EULA, your rights as licensee are as follows:
1. Application Software License
1.1 As a licensee, you may use the software functions of EXCovery, in accordance in the permitted limits of commercial or private use, to identify and capture ex-plosion protection labeling of equipment acc. to IEC 60079-0. For this purpose, EXCovery covers specific regulations regarding EU- countries (ATEX Directive 94/9/EG) and North America (NEC. 500/ 505/ 506 and CEC. Sec. 18 Annex J); for reasons of complexity and presentation, EXCovery does not support all kinds of labeling; it is possible to contact a specialist through STAHL, though.
1.2 Notwithstanding any specific conditions regarding updates, actualizations and support services, this present EULA represents the full and complete contract on the licensing of EXCovery.
2. License Rights
2.1 R. STAHL grants you as a licensee a personal, limited, simple, non-transferrable and revocable license, for the time of duration of this present Agreement and exclusively for the purposes expressly allowed FOR in this EULA, to use EXCovery and make use of the user manual of EXCovery (hereinafter: documenta-tion), only in machine-readable form. For this purpose, the use of EXCovery ex-tends to any and all updates, actualizations, alterations or modifications of EXCovery produced and provided by R. STAHL (collectively hereinafter: Software).
2.2 The terms of this EULA supplement any primarily valid and binding terms of service of the app-shop of the distribution partner of R. STAHL, where you down-load EXCovery and to which you agree for this purpose. The Software is solely and exclusively owned by R. STAHL. Any and all rights not expressly and specifi-cally granted to you under this EULA are reserved by R. STAHL. In particular, you are not permitted to lend, sublicense and/ or otherwise make available the Software, irrespective of its form or format, unless where R. STAHL has expressly given its prior consent.
2.3 In relation to a free license of EXCovery, R. STAHL reserves the right to in-clude own or third party advertising in the Software without providing an option to skip such advertising.
2.4 R. STAHL expressly reserves the right to update and/ or revise the execution of the Software and of its content at any time. Updated and/ or revised Software is also governed by and subject to the conditions according this EULA.
3. Licensed Uses
3.1 R. STAHL grants you only the right to the usage of EXCovery as expressly provid-ed for in this EULA. R. STAHL reserves any and all other rights whatsoever. You are only entitled to use the Software as expressly permitted under this EULA. When exercising such rights, you agree to comply with any and all technical lim-itations of the provided functionalities. You may not modify, compile, decom-pile, reverse engineer or create or decompile or disassemble derivative works or improvements of the Software or any portion thereof. You may also not by-pass, directly or indirectly, any technical limitations of the Software or make copies thereof in excess of the number of copies allowed for under this EULA, sell, lease, loan or lease the Software, or parts thereof, or in any other way transfer or sublicense it, whether for a valuable consideration or for free, or make it available to third parties in any other way or make it available publicly, so that third parties can copy it.
3.2 In each event of a breach of this EULA you are liable to pay a penalty of 10.000,00 € to R. STAHL, with the waiver of any reference to any supposed con-tinuation of the breach; any right to claim actual damages exceeding this amount is reserved. Irrespective of any penalty of claims for damages, upon a breach of this EULA R. STAHL will revoke any non-gratuitous right or license to use of the Software; gratuitous rights to use expire and cease to be operative automatically and immediately.
4. Mobile Services
4.1 The Software solemnly serves to identify and capture the content you define. Any transmission of such content lies within the sole power and responsibility of your local provider(s)/ wireless carrier(s). You bear all and any costs of tele-communication regarding any transfer of such content.
5. Installation of Software, No Transfer of Rights
5.1 As licensee, you may only install the Software on an end device, which is your property or in your full and unlimited power of disposition (hereinafter: Author-ized Device).
5.2 You may not transfer or assign to someone else any rights or duties arising from or in the context of this EULA.
6. Intellectual Property and Industrial Property Rights
6.1 EXCovery, any part of the Software, the Documentation and any files installed by the EXCovery installer application or by the Software are owned by R. STAHL. As licensee, you fully acknowledge the R. STAHLs rights to the Software, in par-ticular, but not limited to, copyrights, brands, patents, trademarks and trade se-crets. The aforesaid extends to copyright to any Documentation, whether avail-able on paper or on a digital storage device. Neither does this EULA grant any right, title or interest in EXCovery, the Software, the Documentation or any intel-lectual property of R. STAHL, nor does such occur on the basis of the use as li-censee; all of this whether express or implied, by forfeiture or otherwise. This EULA does in particular not grant any right, license or otherwise legal interest in any industrial property rights of R. STAHL and you may, in particular not claim any rights, licenses or otherwise legal interests in brands of R. STAHL or in confusingly similar words or trademarks.
6.2 You agree to abide by any and all applicable intellectual and other proprietary rights laws and any copyright notices and restrictions contained in this EULA. You also agree to safeguard that any impairment or violation of said protected rights by third parties, who gained access to from you or through your help, is being stopped immediately and being prosecuted.
6.3 In the event of a violation of this EULA, R. STAHL may take necessary steps to secure its rights such as a remote- deactivating EXCovery. You agree not to block or hinder, whether electronically or otherwise, the transmission or transfer of any data required under this EULA. Blocking or hindrance of such data transfer constitutes a breach of this EULA and leads to immediate termination without prior notice.
7. Consent to Data Processing
7.1 You agree that R. STAHL collects technical, non- personalized data and infor-mation, which identifies the operating system, user software and peripheral de-vices, in order to maintain and improve the features of EXCovery and of the technology and service involved, for statistical reasons, in order to pursue re-search and development activities and for any other purposes named in this EULA. For the aforesaid purposes, R. STAHL may also collect data on key usage, including the IP addresses of Authorized Devices of other device identifiers, as well as on domain counts and on other data relevant for good reason in order to secure usage of the Software in conformity with this EULA.
7.2 Apart from the aforesaid, the Data Protection Policy of R. STAHL applies, available for download on www.stahl.de. Acceptance of this EULA constitutes full and un-conditional consent to and acceptance of the R. STAHL Data Protection Policy.
8.1 Where EXCovery is licensed for remuneration, R. STAHL shall be liable for defects of the software, including the absence of warranted qualities, by securing the properties, condtion and suitability for the contractual purpose as follows:
Only reasonably substantial impairments of the Software regarding their quality or contractual use shall constitute a defect. All parts or functions of EXCovery that prove to be defective, due to a cause set prior to the passing of risk – in particular on account of poor programming -, within twelve months of the pass-ing of risk shall be, at R. STAHL’s discretion, either repaired or replaced free of charge by way of an update, a patch a work-around or in some other suitable way. Notice of the discovery of such defects after delivery shall be given with-out delay and in writing. Any parts replaced become the property of Supplier.
In particular, the warranty does not cover damages caused by incorrect or un-suitable installation or use of EXCovery, as long as R. STAHL is not liable for such cause or reason. If the repair work proofs unsuccessful despite a reasonable period of grace hav-ing been granted, or should R. STAHL refuse to remedy the defect although you are entitled to such and/or should a replacement not be delivered, you may re-duce the remuneration or cancel the contract using your own discretion. Should you cancel the contract, R. STAHL reimburses the remuneration provided by you.
The warranty period concerning repair work carried out or a new EXCovery App is six months and begins after the finishing of the repair work or the delivery of the replacement. This warranty period does, however, end no later than upon expiry of the initial warranty period applicable in relation to the original installation.
If you do not make use of software updates R. STAHL offers and provides, you are excluded from raising warranty claims with regard to defects of the Software, which would have been avoided or remedied if you had made such use of such provided software updates.
8.2 Where EXCovery is licensed free of charge, R. STAHL provides the Software on an “as is” basis. R. STAHL does in such case not promise to provide any support and maintenance services. The contractual warranty of R. STAHL for defects shall in such case be limited to defects fraudulently or grossly negligently concealed or the absence of which had been guaranteed.
9.1 Where EXCovery is licensed for remuneration, you are entitled to claims for damages in accordance with legal provisions under the german product liability act, in cases of death, injury or detriment to health, in cases of willful damage or gross negligence, irrespective of its legal basis. The same shall apply in a case of gross negligence of the legal representatives and executive employees of stahl. Stahl is further be liable for breaches of cardinal obligations, i.e. contractual obligations that form the very basis for a proper execution of the contract and which you were reasonably entitled to rely on, as well as for malicious non-disclosure of defects and on the grounds of a guarantee.
Apart from liability under the german product liability act and liability on the grounds of in-tent/gross negligence or cases of death, injury or detriment of health, liability shall be limited to the foreseeable and insurable damage typical of such type of contract. As far as damages are covered by a third party liability insurance or an insurance for third party product liability of stahl, stahl assigns, as far as legally possible, these insurance claims to you and shall in return be released in the amount of such insurance cover.
Beyond that, you are not be entitled to any claims for damages, loss or compensation, in particular not for consequential damages as, for example, loss of production, loss of use or lost profit.
The burden of proof in legal action remains unaffected by these provisions.
Liability under the product liability act or on grounds of intent or fraudulent misrepresentation is time-barred in accordance with the statutory period of limitation. Any other claim for damages elapses after 18 months beginning with the knowledge of the damage.
9.2 Where EXCovery is licensed free of charge, stahl is only liable for cases of death, injury or detriment to health or in cases of willful damage or gross negligence.
10. Support and Contact
10.1 Technical support for the Software and expert support in all matters regarding the field of explosion protection is available under www.stahl.de. The respective R. STAHL tariff lists apply.
10.2 For inquiries and contact requests, please contact: R. STAHL Schaltgeraete GmbH, Am Bahnhof 30, DE-74638 Waldenburg, Germany; ph.: +49 (7942) 943-0; fax: +49 (7942) 943-4333; e-mail: [email protected]; www.r-stahl.com.
11. User Submissions and Feedback
R. STAHL is under no obligation whatsoever to consider, test or implement any information, contribution, idea, material or other feedback you may want to share with R. STAHL. Such feedback is not to be considered confidential. R. STAHL and any of its assignees have the unlimited and unconditional right to utilize, re-produce, alter and disclose any such feedback free from any remuneration. With regard to such feedback you undertake to refrain from raising or invoking any claims against R. STAHL based on or in relation to any intellectual property rights and any exclusive rights of utilization.
12. Duration and Termination of License
12.1 This EULA becomes effective immediately upon your acceptance.
12.2 You may at all times terminate this EULA and cease to use EXCovery and the Documentation.
12.3 R. STAHL may terminate this EULA with immediate effect, if you use EXCovery free of charge or if you are in breach of one or more provisions of this EULA. Where EXCovery is licensed for remuneration, the duration of permitted use is one year.
12.4 After termination of this EULA or after this EULA comes to an end otherwise, you may not use EXCovery anymore and you undertake to de-install the Soft-ware and destroy such, the Documentation, any copies thereof and any and all license keys or return such to R. STAHL.
13. Export Control
The Software may, in whole or in part, be subject to export laws and regulations of the United States of America or of such other country, the Software is export-ed from. It is exclusively your responsibility to abide by any and all international and national export laws and regulations applicable to the Software, including such limitations as to end user and/ or end use.
14. Venue, Applicable Law, Severability Clause
14.1 Any questions arising out of or in connection with this EULA are governed by German Law, excluding the application of the UN Convention on Contracts for the International Sale of Goods (CISG).
14.2 The courts of Stuttgart, Germany, shall have jurisdiction and venue regarding all disputes out of or in connection with this present Agreement, if you are a busi-ness person (“Kaufmann” under German law), a pulic legal entity (“juristische Person des oeffentlichen Rechts”) or a public sector entity with separate funds (“oeffentlich-rechtliches Sondervermoegen” under German law). However, R. STAHL may also bring an action against you at the courts with statutory jurisdic-tion over you, i.e. especially at you seat or domicile.
14.3 Should any provision in this EULA prove to be null and void or be or become invalid or unenforceable, such will not affect the validity of any and all other pro-visions or contractual agreements contained herein.