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EULA

End User License Agreement (EULA)

for the mobile application "eThemis" of Herborner Pumpentechnik GmbH & Co KG

1. Scope

(1) This End User License Agreement ("EULA") governs the use of the mobile application "eThemis" ("App") by the end user.

(2) By downloading, installing, or using the App, the end user agrees to the terms and conditions of this EULA.

2. Subject matter

(1) The App is intended for use with the "eThemis" digital operating log in conjunction with the SaaS offering from Herborner Pumpentechnik GmbH & Co KG ("Provider"). This EULA only covers the download, installation, and use of the App. Insofar as the temporary transfer of the software and associated additional services by the Provider to the customer for the use of the software, either for a fee or free of charge ("Services") ("Software as a Service"), are also affected, the General Terms and Conditions (GTC) of Herborner Pumpentechnik GmbH & Co KG for the use of the digital operating log "eThemis" (SaaS), which can be accessed via the following link: https://www.herborner-pumpen.com/de/info/agb/

(2) The app is intended exclusively for use in connection with a valid user account that is set up as part of a contract between the provider and a corporate customer.

3. Granting of license

(1) The provider grants the end user a simple, non-transferable, non-sublicensable, and revocable license to install and use the app on a compatible mobile device during the term of the corporate customer's contract. The term of the contract is specified in the contract for paid services. In the case of free services, the term of the contract is indefinite and the contract can be terminated immediately at any time.

(2) The license is limited to the intended use within the organization of the corporate customer.

4. Ownership and Property Rights

(1) The app and all associated copyrights, trademark rights, and other property rights remain with the provider or its licensors.

(2) The end user does not acquire any ownership rights to the app.

5. Obligations and restrictions of the end user

(1) The end user may only use the app for the purpose specified in the contract.

(2) In particular, the end user is prohibited from:

  • reproducing, modifying, editing, translating, decompiling, or reverse engineering the app;
  • to pass on the app to third parties, rent it out or exploit it commercially in any other way, unless this is permitted by contract,
  • circumventing the app's security mechanisms or access restrictions.

6. Updates

(1) The provider may update the app regularly (e.g., to fix bugs, improve security, or add new features). However, there is no obligation to update.

(2) The end user is obliged to install these updates in order to ensure the security and functionality of the app.

7. Data protection

(1) Use of the app requires the processing of personal data. Details can be found in the privacy policy, which is available via the app and the provider's website.

(2) The end user undertakes not to use the app for the unlawful processing of personal data.

8. Warranty and liability

(1) The app is provided to the end user "as is." There is no entitlement to a specific quality or availability unless expressly agreed.

(2) The provider is liable within the scope of the statutory provisions, but only for damages resulting from intent or gross negligence.

(3) Liability for data loss, malfunctions due to missing system requirements, or errors caused by the end user is excluded.

9. Termination of contract

(1) The end user's right of use ends automatically upon expiry or termination of the contract between the provider and the corporate customer.

(2) The provider is entitled to revoke the right of use at any time if the end user violates this EULA. In this case, the end user is obliged to delete the app from all end devices immediately.

10. Third-party store terms and conditions

(1) The end user acknowledges that this EULA is concluded exclusively between the provider and the end user and not with Apple Inc. or Google LLC.

(2) However, Apple Inc. and Google LLC are entitled to enforce this EULA in their own name.

(3) The respective terms of use of the app store (Apple App Store, Google Play Store) apply in addition.

11. Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction is – to the extent permitted by law – the registered office of the Provider.

(3) Should individual provisions of this EULA be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.