IMPORTANT INFORMATION: READ THIS EULA CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND IT BEFORE YOU ACCEPT ITS CONDITIONS. GDD IS ONLY PREPARED TO LICENSE THE SOFTWARE DEFINED HEREIN TO YOU AS A CONSUMER OR ENTREPRENEUR (‘YOU’) IF YOU ACCEPT ALL OF THE CONDITIONS OF THIS EULA AND THE RELATED TERMS AND CONDITIONS. BY CLICKING ON THE BUTTON ‘I ACCEPT’ OR ‘YES’, BY RUNNING THE SOFTWARE OR BY EXPRESSING YOUR CONSENT IN ANY OTHER WAY, YOU ACCEPT THIS EULA AND THIS EULA SHALL BECOME A LEGALLY EFFECTIVE AND BINDING CONTRACT BETWEEN GDD AND YOU, IF YOU ARE A CONSUMER, OR BETWEEN GDD AND YOUR BUSINESS, IF YOU ARE AN ENTREPRENEUR. IF YOU DO NOT AGREE TO THESE PROVISIONS, CLICK ON ‘CANCEL’, ‘NO’ OR ‘CLOSE WINDOW’.
This EULA concerns the provision of a licence to software and all corresponding documentation by Glen Dimplex Deutschland GmbH. This EULA also applies to all updates and upgrades in so far as Glen Dimplex Deutschland GmbH provides you with updates and/or upgrades after the installation of the software.
- Definition of terms
- Automatic extension – a function for extending a licence at the end of its term without requiring further notice.
- GDD – Glen Dimplex Deutschland GmbH, Am goldenen Feld 18, 95326 Kulmbach
- Computer – any device that can process data using programmable calculation rules.
- Documentation – written materials in printed or electronic format which describe the functions of the software and/or the updates and upgrades and serve to assist you in effectively using the software, the updates and/or the upgrades. Such documentation does not alter the provisions of this EULA or the related terms and conditions.
- Remuneration – the price or licence fee for software from GDD.
- Freeware – a version of the software provided to a customer free of charge.
- Terms and conditions – the General Terms and Conditions of GDD, available on www.dimplex.de. As set out below, these terms and conditions apply in addition to the provisions of this EULA and supplement them.
- Customer – a consumer and/or entrepreneur.
- Licence – your right to use the software under this EULA and the applicable terms and conditions as of the conclusion of the licence contract. The licence defines the type and scope of your right to use the software. With regard to software for which an update service is provided, the licence shall also include your right to receive regular updates/upgrades for the software during the term of the licence.
- Licence term – the term for which the licence to the software is granted. The licence term shall begin as soon as you receive a licence key.
- Use on multiple computers – the storage, possession and any other use of software on multiple computers at the same time, as well as any use of such software for which specific licences for multiple computers are available according to the product information.
- Software – the computer programs of GDD in object code, including all related updates and upgrades provided by GDD and to which GDD has granted you a licence.
- Test licence – a licence granted to a customer to use the software free of charge for a limited period for test purposes.
- Entrepreneur – a natural person, legal person or partnership with legal capacity acting in its commercial, independent professional or other interests outside of personal or family use by purchasing or receiving the software of GDD.
- Updates and upgrades – updates to the software. Updates can be classified as updates or upgrades at the sole discretion of GDD.
- Update service – the continuous updating of software through updates and/or upgrades and the provision of these updates and upgrades by GDD. Many pieces of software will not function without an update service. GDD can render services as part of its update service in the form of updates or upgrades at its own discretion.
- Consumer – a natural person provided with software for personal use or for use within their family by GDD.
- Sales partner – a customer to whom the software is provided solely for the purposes of resale.
- Ownership rights
The software is protected by international copyright laws, agreements and other laws. GDD and its licensors hold and retain all rights to, ownership of and claims to the software, including all copyrights, patents, trade and business secrets, brands and other intellectual property rights. This EULA does not transfer ownership of the software to you. With the exception of the rights specified in sections 3 and 6, you shall not obtain any rights to the software.
- GDD hereby grants you a non-exclusive, non-transferable licence to use the software, subject to any restrictions set out in this EULA or in the terms and conditions.
- The following also applies:
- The terms and conditions apply to this EULA. In the event of a conflict between this EULA and the terms and conditions, the terms and conditions shall take precedence.
- With regard to software for which GDD provides updates and upgrades, your licence shall also include the right to receive regular updates and upgrades for the software during the term of the licence. With regard to software for which no updates or upgrades are available from GDD, you may only use the version of the software which you purchased for the term of your licence.
- Unless expressly permitted by this EULA or by law, software may not be duplicated, passed on or decompiled (i.e. reverse engineered to find its source code). If you wish to reverse engineer, decompile or disassemble the computer program (hereinafter referred to as ‘decompiling’) in order to achieve interoperability with other computer programs in the sense of Section 69e of the German Copyright Act (UrhG), you must contact GDD before decompiling the computer program and request the information required in order to achieve said interoperability. If GDD provides you with the interoperability information with no culpable delay, this will not entitle you to decompile the computer program.
- The use of software for which the product information does not state that specific licences for multiple computers are available is limited to one computer. You can use any available computer which meets the system requirements and for which the licence was granted. If you change computers, before installing the software on another computer you must remove it from the computer on which it was previously installed. With regard to software whose product information provides for specific licences for multiple computers, the software may only be used on multiple computers in so far as you have acquired and received from GDD the corresponding type or number of licence(s).
- You are prohibited from doing the following and from allowing any other person to do the following:
- Copying (except for backup purposes), sub-licensing, letting, lending or leasing any part of the software. If you want to use the software on a different computer, you must remove the program from your current computer before installing it on another;
- Modifying the software either fully or in part or creating derived works based entirely or partially on the software.
- Removing owner labels, serial numbers, markings or copy protection measures from the software;
- Using the software in particularly high-risk environments which require the relevant systems to operate continuously without fault and in which any failure of the software could result in a direct risk to life, limb or health or considerable damage to property or the environment (high-risk activities and activities with a high availability, especially the operation of nuclear power stations, weapons systems, flight navigation and communication systems, life-sustaining systems or equipment and machine and production processes in the manufacturing of pharmaceuticals and foods). GDD neither warrants nor guarantees that the software is suitable for use in high-risk environments.
- Your duties
You are solely responsible for setting up a functional hardware and software environment for the software. The same applies to regular data back-ups in your IT system.
- Test licence and freeware
A test licence and freeware licence shall be provided to you free of charge and without a warranty, with the exception of a warranty as to the functionality of the computer program. GDD does not provide any product support for these licences and you may not use them in a production environment.
- Automatic extension
If you have agreed to the automatic extension of your licence, the licence term shall automatically renew itself at the valid list price unless terminated by one of the parties at least 30 days before the expiry of the current licence term. The new licence term shall have the same term as the previous licence term.
- Effects of the termination or expiry of the licence
The termination or expiry of the licence granted under this EULA shall cause your right to use the software, updates and upgrades to immediately end. You will not receive any more updates and you must remove the software and all back-up copies from your computer. GDD can demand that you submit a written confirmation of the destruction or deletion of these materials.
- Technical support
GDD provides technical support on www.dimplex.de. The provision of technical support is at the sole discretion of GDD and is not associated with any warranty or guarantee. You are responsible for backing up all data, software and programs before seeking technical support from GDD. At its own discretion, GDD reserves the right to refuse to provide technical support, cease providing technical support or even stop providing technical support.
- Unless expressly agreed otherwise, the software provided by GDD is state of the art and matches the product information and specifications provided by GDD, including the information in the user manuals. GDD does not warrant that the software licensed under this EULA is suitable for purposes beyond the fulfilment of the contractual duties of GDD.
- You are reminded that, given the current state of the art, programming errors cannot be ruled out with 100% certainty in spite of the highest levels of diligence and care, and that it is impossible to develop software which can detect every virus or piece of malware in existence.
- If you are an entrepreneur and GDD has provided you with the software for an unlimited term in exchange for payment, defects in the software of GDD shall be remedied as follows, provided that you inform GDD of each defect in accordance with Section 377 of the German Commercial Code (HGB):
- GDD can choose to either remedy the defect (subsequent improvement) or provide software free from defects (replacement). GDD shall bear the costs of remediation.
- If the defects in the software cannot be remedied within a reasonable period of time or if the subsequent improvement or replacement can be considered to have failed for any other reason, you can choose to either reduce the remuneration or, if the defects are not negligible, withdraw from the Agreement.
- Claims for damages or for the reimbursement of alleged expenses to which you gain access as a result of such defects are governed exclusively by section 10.
- If GDD has provided you with the software in exchange for payment yet for a limited term, GDD shall remedy defects in the software within a reasonable period once the defect has been reported. GDD can choose to either carry out subsequent improvement free of charge or provide a replacement in order to remedy the defect. This does not affect your right to a reduction in remuneration for the period in which the defect exists. You are only entitled to terminate the Agreement with immediate effect on the grounds of deprivation of use if GDD was granted a sufficient opportunity to remedy the defect and failed to do so.
- The subsequent improvement or replacement shall be deemed to have failed if GDD was granted a sufficient opportunity to carry out subsequent improvement or provide a replacement and this did not produce the intended result, or if GDD wrongly refused to carry out the subsequent improvement or provide a replacement. If the remediation of the defect by means of subsequent improvement or the provision of a replacement would result in unreasonable expenses on the part of GDD, GDD can refuse to remedy the defect and remind you of your right to withdraw from or terminate this Agreement.
- Under no circumstances are you entitled to demand the source code of the software under the warranty.
- You must immediately inform GDD if a third party files claims against you on the grounds of a breach of intellectual property rights by the software (a title defect). If you have any information relating to such a matter, be it in written documentation, correspondence or any other format, you must immediately provide it to GDD. If third parties file legal claims, GDD shall indemnify you against the costs arising from the filing of these third-party claims (including reasonable legal fees, limited to the fees set out in the German Law on the Remuneration of Attorneys (RVG), if applicable). Furthermore, the liability of GDD for loss of profit resulting from such title defects shall be limited to five times the annual licence fee unless the defects were caused by intentional or grossly negligent behaviour on the part of GDD.
- If you are an entrepreneur and the software was provided for an unlimited term, your warranty claims due to defects in the software shall lapse one year after the start of the statutory limitation period; this does not apply if GDD acted with intent. This does not affect the statutory limitation period set out in Section 479 BGB.
- GDD is liable for all damage suffered by you as a result of grossly negligent or intentional conduct on the part of GDD or as a result of a culpable injury to life, limb or health for which GDD provided a warranty or for which GDD is liable under the German Product Liability Act (ProdHaftG). In all other cases, the liability of GDD to pay damages shall be limited to the breach of material contractual duties. Material duties are only those duties which must be fulfilled in order that the Agreement can be duly executed and on the fulfilment of which you can normally rely. The liability of GDD for losses of data is limited to the usual necessary costs of restoring the data which are considered normal when back-up copies are made. We refer to your duty to regularly back up data as described in section 5.
- In the event of a negligent breach of material contractual duties by GDD, the liability of GDD shall be limited to the typical foreseeable damage.
- Strict liability on the part of GDD for defects present upon the conclusion of this EULA in the sense of Section 536a (1) BGB is hereby expressly excluded.
- This disclaimer also applies to all representatives of GDD, especially its managing directors, legal representatives, employees and other vicarious agents.
- Data protection
By agreeing to this EULA, you agree to the GDD data protection guideline, the latest version of which is available on www.dimplex.de.
- Collection of certain system information
On its website and within the software itself, Glen Dimplex Deutschland uses certain applications and tools to collect information on your computer system in order to help Glen Dimplex Deutschland support the software. If it collects data online to a greater extent, Glen Dimplex Deutschland shall only send configuration, sensor and movement data to its secure European data centres. Glen Dimplex Deutschland does not send any personal data.
- Applicable law and place of jurisdiction
This EULA is subject to German law. If you are an entrepreneur, the exclusive place of jurisdiction shall be the registered office of GDD. GDD reserves the right to take legal action against customers at their registered offices as well.
- This EULA and the terms and conditions as defined above, which are a component of this Agreement, set out all of your rights to use the software and represent the entire agreement between the parties. This EULA and the terms and conditions replace all other declarations, assurances and advertisements regarding the contractual software.
- Provisions of this Agreement can only be waived by means of a written declaration signed by an authorised representative of GDD.
- If any provision of this EULA or the terms and conditions should prove ineffective, this shall not affect the remaining provisions of this EULA or the terms and conditions. If possible, the ineffective provision is to be revised in order that it becomes effective.
- GDD reserves all other rights that have not been expressly defined in this EULA.
- The descriptive headers in this EULA have been added for the sake of clarity and do not limit or otherwise affect the interpretation of this EULA.
- You may not assign your rights under this EULA without the express written consent of GDD.