The "alpha home App" (hereinafter "app") is licensed to you (herinafter "licensee") by alpha innotec, a product brand of ait-deutschland GmbH, Industriestrasse 3, 95359 Kasendorf, Germany (hereinafter: "licensor") under the conditions of this license agreement for use.
With download from the apple App Store or Google Play Store (hereinafter "App Store") you accept licence conditions cited below. This license agreement does not substantiate any rights or obligations, and particularly not relative to guarantee, liability, maintenance and services for the owner of the App Store - if the App Store is not the licensor. All rights that are not expressly granted by this license agreement remain reserved.
1. The App
1.1. The app is software for operation of the alpha home System (hereinafter also "alpha home") - a product of the licensor - for controlling heating systems. The app is exclusively intended for this operating purpose, and also it has only be tested for this purpose.
2. License scope
2.1. The licensor grants the licensee a non-exclusive, not transferable right to install the application on a device in the licensee's possession or legally subject to the licensee’s power of disposition and that supports the application and to use the App in accordance with the conditions of use of the respective App store.
2.2. This license also applies for potential updates that licensor makes available as a supplemental or replacement offering for the application, if the update is not subject to an autonomous license agreement.
2.3. Decompiling, reverse development, disassembling, translation, integration, adaptation and the attempt to transform the software into a modifiable format, or creation of a derived version of the application in whole or in part, are not permitted.
2.4. The licensee is not permitted to duplicate the application or parts thereof, other than through the intended sales channels or via the respective App Store.
2.5. Violation of the obligations cited above, or attempted violation will be legally prosecuted and shall be an object of claims for damages.
2.6. The licensor reserves the right to change these license conditions.
3. Technical prerequisites and updates
3.1. The application has been developed for use on iOS and Android devices with the alpha home System. The application has specific technical prerequisites that you can view at http://www.alpha-innotec.com. The use of the current version from the App Store is recommended.
3.2. The licensee is responsible, prior to each first installation and update installation, to ensure the suitability of the device that the licensee intends for installation relative to the aforementioned technical prerequisites and to check whether the first installation or update could result in conflicts with previously installed software, and whether the licensee has a back-up copy of all his data.
3.3. The licensor reserves the right to adapt the technical prerequisites at any time, at licensor's sole discretion, without informing the licensee.
4. Warranty
4.1. The licensor warrants that at the time of download the application is free of viruses, trojans, spyware, or other malware. Moreover, the licensor warrants that the application in all essential points behaves as specified in the user documentation, if it is capable of running on the end device, is unchanged, and has not been installed with incompatible additional third-party software, or if its ability to run has not been impaired by other circumstances in the licensee's sphere of responsibility. The licensee must examine the application without delay after installation and report defects immediately per email or letters without delay at the address cited in number 8. Claims due to apparent defects can only be asserted if they are reported to the licensor within a period of 14 days after knowledge of the defect is obtained. Dispatch within the applicable notification period is sufficient.
4.2. If the application proves to be defective, the licensor shall first have the opportunity of rectifying the defect - depending on the type of defect and the other circumstances, even several times - through subsequent fulfilment or subsequent improvement or replacement delivery.
4.3. If the application is not in conformance with the valid warranty, the licensee is authorised to inform the licensor and the App Store owner of this situation. These entities will then reimburse the licensee the purchase price of the application. To the maximum scope legally allowed the App Store owner and the licensor accept no further warranty obligations of any type or in conjunction with the application or other claims, liability, costs, expenditures that result from non-conformance.
4.4. This liability on the part of the licensor for defects or faults that are based on unauthorised modifications of the application, culpable or improper handling, use with unsuitable hardware or software, or use unsuitable accessories on the part of licensee, or a third party, is excluded. Claims for damage compensation due to defects if the application can only be asserted under the prerequisites stipulated in number 5.
4.5. Claims due to defects shall expire within 12 months after licensing of the application, if the Licensee is an entrepreneur. For the consumer, the legal statute of limitations shall apply.
4.6 The user is aware that, given the state of the art, errors in software programs and in the associated documentation cannot be ruled out and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all requirements of the user or that they work together error-free with all programs and hardware of third parties.
5. Exemption
Use of the alpha home app is at the user's own risk. The customer indemnifies ait-deutschland GmbH against all third-party claims (including any legal costs incurred) resulting from the use of the alpha home app, whether due to the customer's own use or due to third parties using the password or account with or without the customer's knowledge.
6. Liability
6.1. Liability on the part of the licensor arising for violation of obligations and offence shall be limited to intent and gross negligence. If essential contractual obligations (cardinal obligations) violated, the licensor shall also be liable in the case of negligence. In each case the liability shall be limited to the foreseeable damage that is typical for this type of contract. The aforementioned limitation of liability shall not apply in the case of mandatory statutory liability (particularly in accordance with the German Product Liability Act) or in the case of injuries to life, limb, or health.
6.2. The licensor shall be liable neither for ensuring that the use of the App will bring about the results desired by the licensee, nor that such use will bring out the technical and/or economic success that the licensee desires to obtain.
6.3. The licensor accepts no responsibility or liability for damage that is attributed to violation of the obligations cited in number 2 of this agreement.
7. Assurance of the non-existence of export restrictions
The licensor confirms and assures that he does not reside in or occupy a country that is subject to a German embargo, or that is classified as a country "that supports terrorism" or that is cited in a list of export prohibitions or restrictions issued by the German Federal Office of Economics and Export Control.
8. Contact details
alpha innotec, a product brand of ait-deutschland GmbH
Industriestrasse 3
95359 Kasendorf, Germany
[email protected]
9. Term, cancellation
9.1. This license agreement shall continue in effect until it is cancelled by one of the parties to this contract. If the licensee does not comply with the conditions of this license agreement, the licensee's rights shall be terminated automatically, and without other notification through thelLicensor.
9.2. With termination of this license agreement the licensee shall be obligated to cease use of the application without delay and to de-install or destroy all of licensee's copy of the application or parts of the application.
9.3. The licensor has the right, without prejudice to other rights and legal claims, to cancel this agreement for cause without complying with a notice period relative to the licensee, particularly if an essential contract obligation is violated, or if contractual obligations are continuously violated and this contract violation has neither been remedied or has not been remedied within the time specified for remedy after receipt of written notification (via email, for example).
10. Applicable law
The law of the Federal Republic of Germany shall apply with exclusion of the principles of international private law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
11. Final provisions
11.1. If individual provisions of this agreement are or become ineffective, then the effectiveness of the remaining provisions shall be hereby unaffected. Ineffective provisions shall be replaced by effective provisions that most nearly approach the original intent of the contract parties.
11.2 The rights and obligations arising from an agreement between the parties on the basis of these conditions cannot be transferred to a third party.
11.3. The licensor shall be entitled to modify these conditions. In this case the licensor shall notify the licensee of the modifications. If the licensee does not object within a period of 4 weeks after the possibility of obtaining knowledge of these modifications, these modifications shall apply as agreed.
11.4. Ancillary agreements, changes, and supplements required written form. This written form requirement can only be dispensed with in writing.
