End user license agreement for Uponor PRO App (EULA)
Date Applicable: 25th July 2024.
This End User license agreement (“EULA”) constitutes an agreement between user of the Application (the “User”) and Uponor GmbH (“GF”) and has been concluded exclusively between the User and GF (and not with any other party, e.g. the App Store Provider, as defined below). The user of this Application must be at least 17 years old.
For the purposes of this EULA, “Application” means the “Uponor Pro” mobile application, intended for building and construction industry professionals for their professional use. The Application is provided as a mobile application software program made available by GF through one or more third-party app store service(s) as determined by GF from time to time.
By downloading the Application via, e.g., an application store provided by Apple, Google or Microsoft (the “App Store Provider”, respectively), installing or using the Application, the User agrees to the terms of this EULA and the GF Application’s privacy policy (found on the respective App Store Provider website, example link here) If the User does not agree to either of these terms, the User may not install, open or use the Application.
The application is licensed, not sold. The User’s use of the application is subject to the terms and conditions set forth in this EULA. By installing, using, or accessing the application, the User hereby accepts the terms and conditions of this EULA.
Who we are
The Application is provided by Uponor GmbH, also known as GF Building Flow Solutions GmbH registered address at Industriestrasse 56, 97437 Haßfurt. GF Building Flow Solutions is part of the Georg Fischer AG, located in Schaffhausen, Switzerland. More details of the company may be found here. GF may be reached by using the contact details provided here.
Application
The Application can be downloaded to the User’s mobile device from an app store provided by the App Store Provider as available from time to time. App Store Providers may apply Separate terms and conditions in offering the app and the User must comply with the applicable terms of the App Store Provider.
The use of the Application requires an Internet connection, and that the User’s equipment meets the technical requirements specified in the description of the Application in the related app store. GF does not guarantee that the Application can be accessed on all mobile devices or is available in all geographic locations.
THE USER IS SOLELY RESPONSIBLE FOR ANY COSTS USER MAY INCUR IN ORDER TO ACCESS THE APPLICATION FROM THE USER’S DEVICE.
License, Intellectual Property Rights
GF, its affiliates and its third-party licensors, as applicable, fully own the Application and any software used to provide it. All copyrights and other intellectual property rights to all information and materials on Application belong to GF, its affiliates or third-party licensors. “Uponor” and/or “Uponor Pro” are trademarks or registered trademarks of GF Corporation or its group companies.
Subject to this EULA, GF hereby grants the User a non-exclusive, non-transferable, non-sublicensable, limited and personal license to install, perform, display and use the Application on mobile devices solely for the User’s personal professional purposes in accordance with this EULA. The User agrees to not sub-license, sell, distribute, copy, reproduce, rent, lease, transfer, assign, modify, post, reverse engineer or otherwise commercially exploit the Application or any part of it.
Any rights not expressly granted to Users in this EULA are exclusively reserved by GF. GF may freely use and exploit any ideas or comments provided by the Users of the Application free of charge as deemed appropriate by GF .
No Warranties
Notwithstanding anything contrary and to the fullest extent permissible under applicable law, the Application is provided “as is” with all faults and “as available” without warranty of any kind, including both Gewährleistung and Garantie definitions, and use is at the user’s sole risk. The entire risk of satisfactory quality and performance resides with the user. GF does not make, and hereby disclaims, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of third-party rights. Specifically, actions that GF does not offer warranty include:
interference with the User’s enjoyment of the application
that the application will meet the user’s requirements
that the application will be uninterrupted and error-free
That the application will be interoperable or compatible with any other services or that any other services will be corrected.
No oral or written advice provided by GF or any authorized representative shall create a warranty or similar obligation. Certain jurisdictions may not allow the exclusion of or limitation on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations apply to the fullest extent permitted by law in the applicable jurisdiction.
LIMITATION OF LIABILITY
In no event shall GF have any liability for any indirect, incidental, special, punitive, exemplary, or consequential damages (including with limitation any loss of profits, revenue, or data, business interruption, loss resulting form the substitute purchase of goods, or other similar loss) arising out of the use or inability to use the application or the service, even if GF has been advised of the possibility of such damages. In no event shall the aggregate liability of GF for direct damages arising out of the use or the inability to use the application exceed the amount that the User has paid for the application or €1, whichever is greater. The User will not, and waives any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from GF. For the avoidance of doubt, liability of the app store provider is disclaimed to the fullest extent permitted under the applicable law.
The Application may include content produced by third parties. For avoidance of doubt, such third-party produced content is the sole responsibility of the third party who has produced and/or has rights to such content. GF accepts no responsibility for the accuracy, quality, nature, ownership, reliability, or the third-party content itself.
Nothing in the EULA shall restrict GF’s liability for any damage or loss caused by its gross negligence, wilful misconduct, death, personal injury, or other damages that may not be excluded under the applicable law.
User’s Indemnity
User agrees to indemnify, defend and hold GF, its partners, affiliates, contractors, officers, directors, employees, agents and the App Store Provider harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) the User’s acts and omissions to act in downloading or using the Application; or (ii) the User’s breach of this EULA and/or privacy policy.
Term and Termination
The User’s license under this EULA shall commence on the date that the User accepts this EULA and installs or otherwise uses the Application and terminates on the earlier date of either the User’s disposal of the Application or GF ’s termination of this EULA. User’s license terminates immediately if the User attempts to circumvent any technical protection measures used in connection with the Application or the User otherwise uses the Application in breach of the terms of this EULA. In such event, the User must destroy all copies of the Application and cease from accessing the Application.
Information Collection and Use, Privacy Policy
GF recognizes the importance of protecting any information collected about the Users of the Application. Information on relevant privacy rights and responsibilities between GF and the user regarding the Application is found on the respective App Store Provider website, example link here ("Privacy Policy") and is applicable to this EULA. The Privacy Policy defines how, why and to which extent GF collects and uses personal information about the Users. By installing, accessing or using the Application the User explicitly agrees with the terms and conditions of the Privacy Policy and to any terms and conditions included therein by reference. GF reserves the right to amend and update the privacy policy at any time.
Supplemental Terms regarding App Store Providers
App Store Provider shall not be responsible for any claims by the User or any third party relating to User’s possession and/or use of the Application, including without limitation, product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection laws or similar legislation and claims by any third party that the Application or the User’s possession and use of the Application infringes on the intellectual property rights of the third party.
Without limiting any other disclaimers in this EULA, the responsibility of the App Store Provider, manufacturer, network operator, device manufacturer or network operator or any other third party for any support or maintenance services is expressly excluded.
The User represents and warrants that the User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” county and that the User is not listed on any U.S. Government list of prohibited or restricted parties.
User agrees that the App Store Provider and its subsidiaries are third party beneficiaries of this EULA and that upon the User’s acceptance of the terms and conditions of this EULA, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the User as a third-party beneficiary.
Without limiting the disclaimers of GF in this EULA, in the event the Application fails to conform to applicable warranties, if any, the User may notify the App Store Provider in which case the latter may refund the purchase price for the Application to the User according to the applicable policy of the App Store Provider.
To the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligation whatsoever with respect to the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the User’s sole responsibility.
Miscellaneous
This EULA represents the complete agreement concerning the use of Application between the User and GF and supersedes all prior agreements and representations between them.
GF reserves the right to change, modify, add or remove portions of this EULA at its discretion by posting the updated EULA on GF ’s website. The User will be deemed to have accepted such changes by continuing to use the Application. The User is always entitled to terminate its license under this EULA upon the amended EULA coming into effect.
If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
Any failure by GF to enforce the terms of this EULA or any provision thereof shall not waive GF ’s rights to do so.
GF reserves the right to provide updates to change or maintain specific features or functionalities of the application. The user is responsible for downloading and installing all updates. The User understands and agrees that the application in whole or in par may not work properly without a suitable update, which may require another device. For the avoidance of doubt, GF is not responsible for any harm or damages resulting from the Usage of a previous version of the Application.
GF may at any time and at its sole discretion stop offering the Application with or without Users’ consent. GF strives, however, to notify the Users of the Application in advance.
GF may assign or delegate this EULA in whole or in part, to any person or entity with or without prior notice. The Users of the Application may not assign any rights or obligations under the EULA without GF ’s prior written consent and any unauthorized assignment and delegation by any User is ineffective.
Governing Law and Dispute Resolution
The Application can be accessed from several countries around the world. Unless otherwise stated by any mandatory applicable law, the laws of Germany shall apply to all matters arising from or relating to the Application (without reference to its choice of law provisions) and all disputes related thereto are dealt exclusively by the District Court of Frankfurt, Germany.
As a limited exception to the aforesaid, for the Users who use the Application as consumers and who are resident in the European Union, the laws of the member state in which the User is resident shall apply to the Application and the EULA and any disputes potentially arising in connection thereto. The courts of the consumer User’s place of residence shall have non-exclusive jurisdiction over any such dispute. Consumer Users in the European Union may also bring any such dispute before a local consumer dispute resolution body.
If you have questions regarding this EULA, please contact our legal team through the contacts provided under the “who we are” section.
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