Licence terms
1. Definitions
a. Licensor: Aug. Winkhaus SE
b. Software: Applies to the respectively downloaded and/or installed software (blueSmart App; blueCompact App or doorControl App)
c. Licensee: Anyone using the software in accordance with these Licence Terms.
d. Property rights: Exclusivity rights of any kind that exist in the software, in particular copyrights, patents, trademark rights.
e. Applications: Any reproduction, distribution and public (online) access to the software.
f. Exploitation: Any form of modification of the software, compilation or decompilation of the source code or any other form of modification of the source code.
2. Conclusion of contract
By downloading the software and/or installing the software, the licensee agrees to the validity of these Licence Terms. By agreeing to the Licence Terms, the licensee receives a simple, non-transferable, non-sublicensable right of use of the software, free of charge, without any restriction on place or time and in accordance with these Licence Terms and the current instructions for use of the software. This right of use does not include any right to exploit and/or revise the software.
3. Expiration of rights in the event of a breach of the licence terms
If the licensee violates these Licence Terms, the licensee’s rights to use the software shall expire with immediate effect.
4. Liability and warranty
The licensor has created the software with great care. However, the licensor does not provide any assurances or guarantees beyond the statutory warranty rights.
Subject to the following provisions, the licensor’s liability is limited to the following, regardless of the legal basis:
a) The licensor’s liability is limited to the amount of damage typically foreseeable at the time of conclusion of the contract for the slight negligent breach of material obligations arising from the contractual relationship;
b) The licensor shall not be liable for the slight negligent breach of insignificant obligations arising from the contractual relationship.
The aforementioned limitations of liability shall not apply in cases of mandatory statutory liability (particularly in accordance with the German Product Liability Act) or for the assumption of a guarantee or for culpable harm to life, limb or health.
5. Intellectual property
The software, including graphics, user interfaces and script, contains protected content and materials that are the property of the licensor and/or its licensors and which are protected by the applicable statutes for the protection of intellectual property (including the German Copyright Act) and other legislation. The licensee shall not use such proprietary content or materials in any way except within the framework of using the software in accordance with these Licence Terms.
The licensee may not revise, lease, lend or sell the software or distribute it in any other manner, regardless of whether for payment or free of charge. Without prejudice to other provisions in this agreement, Winkhaus reserves the right to change the software or discontinue its provision without prior notice. Winkhaus cannot be held liable for these actions in any case whatsoever.
6. Modification
The licensor reserves the right to amend these Licence Terms and to subject the use of the software to new or additional Licence Terms. The licensee shall be notified of such changes and additional Licence Terms, which shall have immediate effect as soon as they have been accepted, at which time they will then be integrated into or replace these Licence Terms. In the event that the licensee does not accept the changes, the licensor may terminate this agreement.
7. Data privacy policy
If and to the extent that personal data is processed, information on the processing of this personal data can be found in the separate data privacy policy:
https://www.winkhaus.com/en/datenschutz8. Choice of law and place of jurisdiction
These Licence Terms are governed exclusively by German law.
If the licensee is a merchant, a legal entity under public law or a public special fund, the exclusive place of jurisdiction for disputes in connection with these Licence Terms is Münster, Germany.
9. Miscellaneous
These conditions constitute the entire agreement between the licensor and licensee and regulate the use of the software. These conditions replace any earlier conditions between the licensor and licensee. The licensee may also be subject to other terms of use that apply, in particular further instructions for use. Should any individual provisions of these Licence Terms be or become partially or wholly invalid or unenforceable, the validity of the other provisions shall remain unaffected.
Non-incorporated or ineffective General Terms and Conditions shall be replaced by the law. For all other matters, the parties shall agree to a valid provision that comes as close as possible to the economic intent invalid or unenforceable provision, insofar as no supplemental contractual interpretation is given priority or is possible. Failure by the licensor to enforce a right or provision of these Licence Terms shall not constitute a waiver of the right or provision.
About Winkhaus (Licensor):
Aug. Winkhaus SE, registered office: Telgte
District Court of Münster, HRB 22512 Münster
Board of Directors: Sofie Winkhaus, Tilmann Winkhaus, Stefan Wemhoff
Chairman of the Supervisory Board: Dr Udo Schnell
Contact:
info@winkhaus.deTel.: +49 (0)2504-921-0
