End-User License Agreement ("EULA") for GTC Transfer Software
Upon downloading, a contract on the use of the GTC Transfer Software (hereinafter referred to as “Software”) is entered into between you and Robert Bosch GmbH, Robert-Bosch-Platz 1, 70839 Gerlingen (hereinafter referred to as “Bosch”). Upon downloading, you declare yourself in agreement with the following conditions.
Using the GTC Transfer Software you are able to transfer data from your GTC 400 C Professional thermal imager via a USB interface to a PC (Windows 7, Windows 8 or Windows 10).
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- Please observe the safety and operating instructions given in the user manual for the GTC 400 C Professional, or provided on the internet (www.bosch-pt.com).
- After downloading the Software, Bosch shall grant you the royalty-free, non-transferable, non-exclusive, non-sublicensable right to use the Software on a computer device owned by you or in your possession, on which the Software is able to run in accordance with the system requirements which you are able to view prior to concluding these conditions.
- The right of use shall not include the provision of the Software via a network for simultaneous use on several user terminals. You shall not be permitted to copy, distribute or otherwise make the Software available to third persons (including renting, leasing, loaning). You shall not be authorised to change the program code of the Software or parts thereof, to perform reverse engineering, to decompile, to disassemble, or determine the source code in any other way, or prepare derivative works from it. The mandatory, non-modifiable provisions of Articles 69d, 69e UrhG [German Copyright Act] shall, however, remain unaffected thereby.
- The aforesaid provisions shall also be valid for all updates/upgrades and program modifications for the Software provided to you by Bosch for downloading, insofar as these do not constitute the subject-matter of a separate agreement. In this case, the provisions in the regulations valid for the respective update/upgrade or program modification shall be applicable exclusively.
- Bosch reserves the right to all other rights in the Software (including any existing copyrights and the right to apply for industrial property rights such as patents, utility model patents etc).
- Obligation to cooperate:
- When using the Software you shall observe the necessary due diligence in the use of the Software or of the GTC 400 C Professional. The aspects of occupational safety (e.g. backup your data in the event of a loss) shall be taken into account particularly when using the Software.
- The results generated by the Software shall be validated prior to their use. Similarly, you shall be obliged to create a backup of your data at regular intervals, in order to ensure that it can be reproduced in the event of loss.
- Data collection/use:
- The Software does not collect any personal data.
- Warranty, liability:
- For defects and deficiencies in title, irrespective of any legal basis, Bosch shall be liable only insofar as Bosch has fraudulently concealed the respective defect or deficiency in title. Otherwise, Bosch, its legal representatives and vicarious agents engaged in the performance of an obligation [Erfüllungsgehilfen] shall, due to the gratuitous provision of the Software, only be liable for compensating any possible damage arising in the case of intentional or grossly negligent misconduct. Claims in accordance with the German Product Liability Act [Produkthaftungsgesetz] shall remain unaffected.
- Bosch does pay damages on account of a violation of contractual or non-contractual obligations only in case of (i) intent or gross negligence, (ii) negligent or deliberate fatal injury, physical injury or injury to health, (iii) on account of assuming a quality or durability guarantee or (iv) on account of compulsory statutory liability pursuant to the German Product Liability Act or on account of any other compulsory liability. Liability for damages exceeding that provided for in the preceding sentence is excluded irrespective of the nature of the claim.
- Term of the contract, termination of the use:
The Licence Agreement shall be valid for an indefinite term. The right of the parties to give notice of termination for good cause shall remain unaffected. Good cause shall be given particularly if the rights of use granted under this Licence Contract have been exceeded or rights and obligations in this contract have been breached in any other manner, and a continuation of the Licence Contract cannot be expected of Bosch for this reason.
In the event of termination of this Contract, the use of the Software shall be discontinued immediately and the Software, as well as any copies thereof, shall be permanently deleted.
- Insofar as you relinquish your device on which the Software is installed, temporarily and gratuitously to a third person, you shall remain responsible for the observance of the provisions of this agreement. Any other transfer of the rights of use shall require our express consent. The transferability may additionally be excluded by technical blockage of the supplier via whom the Software is distributed.
- Applicable law, jurisdiction:
- The substantive law of the Federal Republic of Germany shall be valid, with the exclusion of the provisions of the UN Convention on the International Sale of Goods. Insofar as you are not a consumer or have no regular place of jurisdiction in Germany, the place of jurisdiction for all disputes arising due to or in connection with this agreement shall be Stuttgart, Germany.
- Should individual provisions or parts of the contract be ineffective, the remaining provisions and parts of the contract shall remain in force.
- In the event of problems concerning the use of the Software, please contact the following addresses: GTC.email@example.com