EULA iOS

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE OR APP.



Last updated on 15.05.2024



This End User License Agreement (“EULA”) is an agreement between you (either as an individual or as a legal entity) and the company eCharge Hardy Barth GmbH, Leinbergstraße 14, 92262 Birgland-Schwend, Germany, https://www.echarge.de (hereinafter referred to as “Licensor”), governing the use of the Hardy Barth eMobility software (hereinafter referred to as “licensed Application” or “APP”).

The term “licensed application” includes the application software, APP, drivers and all other types of software as well as, under certain circumstances, associated media, printed materials and online or electronic documentation.

Rights to the licensed Application are granted only on the condition that you agree to all the terms of this EULA.

By downloading the APP from Apple's software distribution platform (“App Store” - hereinafter also referred to as “Services”) and any updates (as permitted in this License Agreement), or by copying or otherwise using the APP, you agree to be bound by and accept all of the terms and conditions of this License Agreement.

The parties to this License Agreement acknowledge that the Services are not a party to this License Agreement and are not bound by any terms or obligations relating to the licensed Application, such as warranty, liability, maintenance and support. The Licensor, not the Services, is solely responsible for the licensed Application and its content.

This License Agreement shall not contain any terms of use for the Licensed Application that conflict with the current App Store Terms of Use (“Terms of Use”). The Licensor confirms that it has had the opportunity to review the Usage Rules and that this License Agreement does not conflict with them.

Individual agreements made with the user in individual cases shall in any case take precedence over these license terms.

Instruction and training in the APP by the Licensor requires a separate agreement and is subject to remuneration.

The Licensor's APP is intended for use on devices with the Apple operating system (“iOS”).



TABLE OF CONTENTS



1. THE APPLICATION

2. SCOPE OF THE LICENSE

3. TECHNICAL REQUIREMENTS

4. MAINTENANCE AND SUPPORT

5. USE OF DATA

6. LIABILITY OF THE USER FOR ITS OWN CONTENT

7. LIABILITY OF THE LICENSOR

8. WARRANTY

9. PRODUCT CLAIMS

10. USER'S DECLARATION OF COMPLIANCE WITH EXPORT LAWS

11. CONTACT INFORMATION

12. TERMINATION - TERMINATION OF THE USER RELATIONSHIP

13. THIRD PARTY INTELLECTUAL PROPERTY RIGHTS

14. APPLICABLE LAW - PLACE OF JURISDICTION - CONTRACTUAL LANGUAGE

15. NOTICE FROM THE OS-PLATFORM OF THE EU AND NOTICE ACCORDING TO VSBG





1. THE APPLICATION



Hardy Barth eMobility is a software for controlling charging stations designed for electric vehicles (EV charging stations), which is adapted and intended for use on devices with the Apple operating system (iOS mobile devices - “devices”).



2. SCOPE OF THE LICENSE



2.1 The Licensor grants the Licensee (User) a non-transferable, non-exclusive, non-sublicensable license to install and use the licensed Application on all Devices that the Licensee owns or controls and that are permitted under the Usage Rules.

2.2 The licensed Application may also be used by other accounts associated with the User via family sharing or volume purchasing.

2.3 This License shall also apply to any updates to the licensed Application provided by the Licensor that replace, repair and/or supplement the first licensed Application, unless a separate license is provided for such update, in which case the terms of such new license shall apply.

2.4 Subject to the Licensor's prior consent in text form, the Licensee may not rent, lend or lease the licensed Application or otherwise transfer the licensed Application to third parties for use beyond the terms of use, except under the conditions set out in this EULA.

2.5 The Licensee may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify or edit the source code of the licensed Application or any part thereof, except to the extent that a right to reverse engineer is required by law or is expressly provided for in this EULA. The Licensee shall not receive any rights of use or exploitation of its own to the results. In the event of an error, the Licensee shall grant the Licensor the right in text-form to rectify the error itself before it modifies, extends or reworks the computer program.

2.6 The Licensee shall be obliged to accept a new software version if the licensor ensures that the contractually agreed scope of functions of the APP is maintained. The licensee's statutory warranty rights shall remain unaffected by this.

2.7 The Licensee may only create and store copies on devices that are in its possession or under its control in order to keep a backup copy under the terms of this License, the Terms of Use and any other terms and conditions that apply to the device or software used. He acknowledges that unauthorized third parties may not gain access to these copies at any time.

2.8 All rights to the licensed Application, including the user documentation, are the property of the Licensor and are protected by law, in particular by copyright, trade secret and trademark laws as well as other applicable laws and international treaties.

2.9 The Licensee may not remove or edit any product labels, copyright notices or proprietary notices from the licensed Application.

2.10 If the Licensee sells its devices to a third party, he/she must first remove the licensed Application from the devices, unless there is a legal obligation to retain it.

2.11 The Licensee is entitled to transfer the licensed Application to another end user while relinquishing its own rights if it simultaneously transfers all contractual items to the acquirer and simultaneously, completely and irrevocably relinquishes the use of the contractual items, whereby the Licensee is in particular obliged to delete all copies of the licensed Application that remain with it after transfer to the acquirer. Each transfer must include all components, media, print materials and this EULA. The transfer may not be made as an indirect transfer, for example as a commission. Prior to the transfer, the end user receiving the licensed Application to be transferred must agree to all EULA terms.



3. TECHNICAL REQUIREMENTS



3.1 The Licensor shall endeavor to keep the licensed Application up to date so that it is compatible with changed/new versions of firmware and new hardware. You are not entitled to such an update.

3.2 You acknowledge that it is your responsibility to ensure that the terminal device on which you intend to use the licensed Application meets the above technical specifications.

3.3 The Licensor reserves the right to change or adapt the technical specifications at any time at its own discretion. You will find the current requirements before downloading the services.



4. MAINTENANCE AND SUPPORT



4.1 The Licensor is solely responsible for the provision of maintenance and support services for this licensed Application.

4.2 You may contact the Licensor at the email address listed in the Play Store Overview for this licensed Application.

4.3 The Licensor and the User acknowledge that the Services are under no obligation whatsoever to provide maintenance and support services in relation to the licensed Application.



5. USE OF DATA



5.1 You acknowledge that the Licensor is able to access and customize the contents of the licensed Application downloaded by you and your personal data. The Licensor's use of such materials and data is subject to the legal agreements entered into between the parties and the Licensor's Privacy Policy.

5.2 You acknowledge that the Licensor may collect and use technical data and related information about your device, system, application software and peripherals to provide you with product support, facilitate software updates and to provide you with other services related to the licensed Application (as applicable).

5.3 The Licensor may also use this information to improve its products or to provide you with services or technology as long as it is in a form that does not personally identify you.



6. USER'S LIABILITY FOR OWN CONTENT



6.1 By submitting suggestions or other feedback about the licensed Application, you agree that the Licensor may use and share such feedback for any purpose without compensation to you.

6.2 We do not claim any copyright in your contributions.

6.3 We are not liable for any content, statements or representations made by Users in any area of the licensed Application.

6.4 Users are solely responsible for their own content and expressly agree to hold the Licensor harmless from any and all liability.



7. LIABILITY OF THE LICENSOR



7.1 The Licensor shall be liable without limitation for any legal reason

  • in the event of intent or gross negligence,

  • in the event of intentional or negligent injury to life, limb or health,

  • on the basis of a guarantee promise, unless otherwise regulated in this respect,

  • due to mandatory liability such as under the Product Liability Act.

7.2 If the Licensor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the Licensor according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the User may regularly rely.

7.3 Any further liability of the Licensor is excluded.

7.4 In order to avoid data loss, the User is obliged to make regular use of the backup functions of the licensed Application, insofar as this is permitted under the applicable third-party terms of use.

7.5 The licensed Application may contain links to other websites or content belonging to or originating from third parties. Such external links are not continuously investigated, monitored or checked for accuracy, appropriateness, validity, reliability, availability or completeness by the Licensor, except when the link is first established, and may change at any time. The Licensor therefore does not warrant, endorse or guarantee the accuracy and/or reliability of information on third party websites linked via the licensed Application. The Licensor is not a party to or in any way responsible for monitoring.



8. SELECTED SERVICE



8.1 The Licensor warrants that the licensed Application is free of spyware, Trojan horses, viruses or other malware at the time of your download.

8.2 The provisions of statutory liability for defects shall apply.

8.3 Notwithstanding the foregoing, there shall be no claims for defects for the licensed Application which is not executable on the device, which has been modified without authorization, handled improperly or culpably, combined or installed with unsuitable hardware or software, used with unsuitable accessories, whether by yourself or by third parties, or if there are other reasons beyond the licensor's control which impair the executability of the licensed application.

8.4 If the End-User is an entrepreneur, i.e. a natural or legal person or a partnership with legal capacity, who is acting in the exercise of his commercial or independent professional activity when concluding a legal transaction, claims for defects shall become time-barred twelve (12) months after the licensed Application has been made available to the End-User.

8.5 For Users who are consumers, the statutory limitation periods shall apply.



9. PRODUCT CLAIMS



The Licensor and the Licensee acknowledge that the Licensor, and not the Services, is responsible for addressing any claims by the User or any third party relating to the licensed Application or the User's possession and/or use of the licensed Application, including but not limited to:

(i) product liability claims;

(ii) claims arising out of the licensed Application's failure to comply with applicable legal or regulatory requirements; and

(iii) claims arising under consumer protection, data protection or similar laws.



10. USER'S DECLARATION OF COMPLIANCE WITH EXPORT LAWS



10.1 The Licensee shall comply with the laws and regulations of the United States and other countries (“Export Laws”) to ensure that

  • export of the Licensed Application does not directly or indirectly violate Export Laws; and

  • the licensed Application is not used for any purpose prohibited by Export Laws.

10.2 By using the licensed Application, User represents and warrants that it 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” country, and that it is not on any U.S. Government list of prohibited or restricted parties.



11. CONTACT INFORMATION



For general inquiries, complaints, questions, suggestions or claims regarding the licensed application, please contact:

eCharge Hardy Barth GmbH

Leinbergstraße 14,

92262 Birgland-Schwend

Germany

info@echarge.de



12. TERMINATION - TERMINATION OF THE LICENSE AGREEMENT



12.1 The license is valid until it is terminated by the Licensor or by you.

12.2 Your rights under this License shall terminate automatically and without notice to the Licensor if you fail to comply with one or more of the terms of this License.

12.2 Upon termination of the License, you must cease all use of the Licensed Application and destroy all copies of the licensed Application, in whole or in part, unless there is a legal obligation to retain them. This also applies to an old version of the licensed Application if the Licensor provides the Licensee with an autonomously functioning upgrade.



13. THIRD PARTY INTELLECTUAL PROPERTY RIGHTS



The Licensor and the Licensee acknowledge that in the event of any third party claim that the licensed Application or the User's possession and use of the licensed Application infringes the intellectual property rights of a third party, the Licensor, and not the Services, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.



14. APPLICABLE LAW - JURISDICTION - CONTRACT LANGUAGE



14.1 This License Agreement shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

14.2 In the event that the Licensee is a consumer, this shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

14.3 If the Licensee is a merchant, a legal entity under public law or a special fund under public law, or has no place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be Amberg. The Licensor shall also be entitled to take legal action at the Licensee´s general place of jurisdiction.

14.4 The contractual language is German.



15. NOTICE FROM THE OS PLATFORM OF THE EU AND NOTICE ACCORDING TO VSBG



15.1 The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.

15.2 The Licensor does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.