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EULA

End User License Agreement (EULA)

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

1. Scope of Application

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

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

2. Subject Matter of the Agreement

(1) The App serves the use of the digital operating logbook "eThemis" in connection with the SaaS offering of Herborner Pumpentechnik GmbH & Co KG (the "Provider"). This EULA governs only the download, installation, and use of the App. To the extent the temporary provision of the Software and the related further services provided by the Provider to the customer for use of the Software, against payment or free of charge (the "Services"), are concerned ("Software as a Service"), the General Terms and Conditions (GTC) of Herborner Pumpentechnik GmbH & Co KG for the use of the digital operating logbook "eThemis" (SaaS) apply, which are available at the following link: https://www.herborner-pumpen.com/de/info/agb/

(2) The App is intended for use exclusively in connection with a valid user account established under an agreement between the Provider and a business customer.

3. Grant 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 for the term of the business customer's agreement. The term of the agreement is governed, for paid Services, by the Contract. In the case of free Services, the term is indefinite and the agreement may be terminated at any time with immediate effect.

(2) The license is limited to the intended use within the business customer's organization.

4. Ownership and Proprietary Rights

(1) The App and all associated copyrights, trademark rights, and other proprietary rights remain with the Provider or its licensors.

(2) The end user obtains no ownership rights in the App.

5. Obligations and Restrictions of the End User

(1) The end user may use the App exclusively within the scope of the contractually intended purpose.

(2) The end user is prohibited from:

  • reproducing, altering, editing, translating, decompiling, or reverse-engineering the App,
  • passing on, renting, or otherwise commercially exploiting the App to third parties, insofar as this is not contractually permitted,
  • circumventing security mechanisms or access restrictions of the App.

6. Updates

(1) The Provider may regularly update the App (e.g., for bug fixes, security improvements, or feature enhancements). There is, however, no obligation to provide updates.

(2) The end user is obliged to install such 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 are set out in the Privacy Policy, 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 claim to any particular quality or availability unless expressly agreed.

(2) The Provider is liable within the framework of the statutory provisions, but only for damages caused by 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

(1) The end user's right of use ends automatically upon expiry or termination of the agreement between the Provider and the business customer.

(2) The Provider is entitled to revoke the right of use at any time if the end user breaches this EULA. In such case, the end user is obliged to delete the App from all devices without delay.

10. Third-Party Store Terms

(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) Apple Inc. and Google LLC are, however, 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 legally permissible, the Provider's registered office.

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