End User License Agreement for device updates (EULA)
Important: Please read the terms of this License Agreement carefully before agreeing to this EULA.
These Terms and Conditions of Use apply in their version valid at the time of conclusion of the agreement for the download and use of the device update for the Bosch D-tect 200 C (hereinafter referred to as „Software“) between you and Robert Bosch Power Tools GmbH, Max-Lang-Str. 40-46, 70771 Leinfelden-Echterdingen, Germany (hereinafter referred to as “Bosch“). By accepting this EULA you agree to the following terms and conditions.
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- Rights of Use
- This EULA grants you the following rights of use for the Software.
- With the conclusion of the EULA, Bosch grants you the non-exclusive, non-transferable right to use a device that is your property or is under your control, on which the Software is capable of running according to the system requirements that you can view on our website prior to the conclusion of these conditions.
- The right of use does not include the provision of the Software over a network for simultaneous use on multiple terminals.
- You are not permitted to distribute or otherwise transfer the Software to third parties (including rental, leasing, lending or sub-licensing).
- You are not entitled to modify the program code of the Software or parts thereof, to reverse engineer, to decompile, disassemble or otherwise determine the source code, and to create derivative works of the Software. However, the mandatory, non-assignable provisions of §§ 69d, 69e UrhG (German Copyright Law) remain unaffected by this.
- All other rights are reserved by Bosch.
- As far as Open Source Software („OSS“) is included in the Product of Software offered, this OSS underlies - prior to any conflicting license conditions of the product or associated software - the respective OSS license Licenses. In the event Bosch cannot grant you or obtain any of the rights the OSS Licenses grant a user, the the OSS-License provides a direct license from the author/licensor of the OSS.
- Duty of Cooperation
- When using the Software, you must observe the due diligence to use the Software and check the results generated by the Software to an appropriate extent before using it. In addition, you are required to back up regularly your data to ensure that it can be recovered in case of loss.
- To the extent that you have purchased the Software for a fee as an entrepreneur within the meaning of § 14 BGB (German Civil Code), the obligation to notify about defects in time pursuant to § 377 HGB (German Commercial Code) shall apply.
- Data Collection/Use
- Warranty, Liability
- For any material defects and defects of title, Bosch shall only be liable, irrespective of the legal grounds, to the extent that Bosch has fraudulently concealed the respective material defect or defect of title. Furthermore, Bosch, its legal representatives and vicarious agents shall only be liable for compensation for any damages arising from the free provision of the Software in the event of wilful or grossly negligent misconduct. Any claims in accordance with the German Product Liability Law shall remain unaffected.
- Bosch’s liability for any material defects and defects of title by or due to the OSS components, irrespective of the legal grounds, is excluded.
- If you use the Software to store data, you are obliged to save your data regularly on a separate storage medium.
- Intellectual Property Rights
- If the Software or your possession or use of it infringes the intellectual property rights of any third party, Bosch shall be solely responsible for investigating, defending, settling and fulfilling any claims arising from any infringement of such intellectual property rights.
Any other transfer of rights of use requires our express consent. Transferability may also be excluded by technical barriers.
- You are not entitled to the provision of support services such as e.g. updates or advice beyond the warranty right. The support services provided by Bosch do not start the warranty period again.
- Applicable Law/Place of Jurisdiction
- All claims arising from and in connection with this EULA or the use of the Software by you shall be governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are not a consumer or do not have a regular place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from or in connection with this Agreement is Stuttgart, Germany.
- This EULA is subject to German law. The choice of law does not deprive the user of the protection afforded to him by those provisions from which he may not derogate by agreement under the law of the country in which he has his habitual residence (favorability principle).
- Should individual conditions or parts of the Agreement be ineffective, the remaining conditions and parts of the Agreement shall remain in force.
- If you are using external services, you are responsible for complying with the relevant contractual provisions for these services.
Date: July 2020