End User License Agreement for Apps (EULA)
Important - Please read the conditions of this license agreement carefully before you accept this EULA.
These terms of use are applicable in the version valid at the time of conclusion of the contract for the use of Measuring Master App (hereinafter referred to as "Software") between you and Robert Bosch Power Tools GmbH, Max-Lang-Str. 40-46, 70771 Leinfelden-Echterdingen (hereinafter referred to as "Bosch"). By accepting this EULA, you declare your agreement with the following conditions.
This End User License Agreement is concluded exclusively between you and Bosch. Bosch is solely responsible for the software and its contents.
1.Rights of use
This EULA grants you the following rights of use for the software.
On conclusion of the EULA, Bosch grants you the non-exclusive, non-transferable right to use a device in your ownership or possession, in which the software can run in accordance with the system prerequisites that you can view before accepting these conditions.
The right to use does not include provision of software through a network for simultaneous use on multiple end devices.
You may not distribute the software or transfer it in any way to third parties (including renting, leasing, loaning or sub-licensing).
You are not authorized to change, reverse engineer, decompile, disassemble the program code of the software or determine the source code in any other way or to create derived works of the software. However, the mandatory, non-obligatory provisions of the §§ 69d, 69e GCA shall remain unaffected by this.
The aforementioned conditions shall be applicable for all updates/upgrades and additions to the program for the software that are provided to you by Bosch for download, insofar as these are not part of a special agreement. In this case, exclusively the provisions for the respective update/upgrade or the program additions are significant.
All other rights are reserved by Bosch.
2.Obligations to cooperate:
While using the software, you must comply with the duty of care required for the usage and adequately check the results that are generated with the software. Moreover, you have the obligation to regularly save your data to ensure that in the event of a loss, it can be recovered.
If you have purchased the software as an entrepreneur as per § 14 BGB (German Civil Code), then the obligation to notify defects as per § 377 HGB (German Commercial Code) shall be applicable.
3.Recording and using data:
The software can record the personal data (name and surname, telephone number and e-mail addresses) of the user and a third party that you have entered. This shall not be processed further and cannot be read by Bosch.
The software processes your personal data only if either a legal basis or the permission of the user is available for this. Details on the use of your personal data are available in our data protection instructions.
4.Warranty, liability
Warranty claims may arise exclusively between you and Bosch due to material defects or defects of title of the software and are determined according to the following conditions.
Warranty and liability for free software. Bosch shall be liable for material defects and defects of title, irrespective of the legal reason, only insofar as Bosch has maliciously concealed the respective material defects and defects of title. Incidentally, due to the free provision of the software, Bosch, its legal representatives, and its agents shall be liable for the reimbursement of a probable damage only in case of willful or grossly negligent faulty behavior. Claims according to the Product Liability Act shall remain unaffected.
Should the liability of Bosch be excluded or restricted according to these provisions, this shall also be applicable for the liability of the institutions, agents and assistants, including the Bosch employees.
As long as you use the software for storing the measurement results, you shall be obliged to save your measurement results regularly on a special storage medium.
5.Right to intellectual property
If the software or its ownership or use by you violates the right to intellectual property of a third party, then Bosch is solely responsible for the examination, pleas, regulation, and fulfillment of any liabilities that may arise from a violation of right to intellectual property.
6.Assignment / Transfer
Any other assignment of the usage rights shall require our explicit approval. The possibility of transfer can also be excluded by technical blocks.
7.Support
You shall not have any claim to the provision of support services such as updates or consultation beyond that of the warranty law. The warranty period shall not commence again with the support services provided by Bosch.
8.Applicable law, court of jurisdiction
For all claims from and in relation to this EULA or to the use of the software by you, the substantive law of the Federal Republic of Germany shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods, CISG shall be excluded. If you are not a consumer or do not have a proper court of jurisdiction in Germany, the court of jurisdiction shall be Stuttgart, Germany for all disputes arising due to or in connection with this contract.
This EULA is governed by German law. This choice of law shall not deprive the user of the protection afforded to him by the provisions from which the law of the country in which he has his habitual residence may not derogate by agreement (favourability principle).
9.Miscellaneous
Should individual conditions or contractual parts become ineffective, the remaining conditions shall remain effective.
If you use external services, then you shall be responsible for adhering to the applicable contractual provisions for these services.
You assure and ensure that (i) you are not in a country over which the US-American government has imposed an embargo or which the US-American government has classified as a "Terrorist-supporting country"; and (ii) are not marked on a list of forbidden or restricted parties of the US-Government.
Status as on: November 2017