End User Licence Agreement myLeister applications

End User License Agreement (hereinafter "EULA") for the myLeister applications (hereinafter "myLeister-App"), which you can use together with your connectable Leister tools.

Please read this EULA carefully before downloading or using the myLeister-App. This EULA is a legally binding agreement between you and Leister Technologies AG, Galileo-Strasse 10, 6056 Kägiswil, Switzerland ("Leister") with regard to the use of your myLeister-App. By downloading or using the myLeister-App, you agree to the following provisions (including the Leister Data Protection Policy pursuant to section VII.).

I. Installation

The myLeister-App must be downloaded from the corresponding App Store (Microsoft, Google or Apple) to your local workstation (mobile device, PC, tablet, etc.) and connected to your connectable Leister tools. Once all of your devices are connected with each other, the data from your Leister your connectable Leister tools will be automatically transmitted to your myLeister-App and all connected local work stations. You can find further information on this in our instruction manual. Please note that the myLeister-App must at all times be used in the latest version in order to functionally interact with your connectable Leister tools.

II. Functions

As soon as you have downloaded the myLeister-App onto your local work station and connected your connectable Leister tools with your myLeister-App, the following data generated through your activities will be stored among other things on your myLeister-App.

(1) welding parameters (the temperature, pressure, force resulting from welding, latitude, longitude, model of the automatic welding machine etc.)
(2) your manual user entries (e.g. environmental conditions, materials etc.)
(3) registration or login data, respectively (e.g. name of employee, e-mail address, company, address, serial number of the automatic welding machine(s))
(4) geo-localisation data of the place of your activity (hereinafter “data”)

Your data recorded on the myLeister-App will be transmitted directly to a cloud and will there be stored for you. This Cloud will be operated professionally by Microsoft ("Azure Cloud"). If your data is stored in the Azure-Cloud, you can access your data from each of your synchronised workstations at any time.

Please note that the Leister app uses Google Maps services to determine and display your local position.

III. Scope of the License

You are granted a non-exclusive, non-assignable, non-sub-licensable and territorially and temporally unlimited license until further notice to use the myLeister-App on your device in combination with your connective Leister tool for the data storage purposes specified in clause II. 

You may only use the myLeister-App, the connective Leister tool and/or the data for lawful purposes.
Furthermore, you are prohibited from the following actions.

(1) rent, sell, sublicense or otherwise make the myLeister App commercially available to any third party.
(2) decompile (reverse engineer and/or disassemble) the myLeister app or attempt to decipher, modify, edit or create derivative software based on its source code.

IV. Warranty

The functions of the myLeister-App are provided on an "as is" basis and free of charge. Use of the functions is at your own risk and responsibility. Leister makes no representations, warranties or guarantees as to the functioning or achievement of any specific success through the myLeister-App. All warranties for functionalities of the myLeister-App are excluded. In particular, Leister does not warrant that data stored in the Azure Cloud will be available or retrievable at any time. Leister also reserves the right to change, restrict or discontinue the scope and functionalities of the myLeister-App at any time. The user has no right to a continuation of the myLeister-App offer. Leister is not liable for any interruptions in the availability of the myLeister-App and/or its functionalities. The myLeister-App must also always be used in its most current version in order to functionally interact with your connective Leister tools. Outdated myLeister-App versions are not supported by Leister.

V. Indemnification

You hereby fully indemnify Leister and its employees with respect to any third party claims (including reasonable attorney’s fees), which are raised because of your use of the myLeister-App in an infringing manner (e.g. infringing intellectual property rights of any third parties or the furtherance of criminal offences).

VI. Limitation of liability

To the extent permitted under applicable law, any liability of Leister with respect to the use of the myLeister-App is hereby excluded. In particular, Leister will not be held liable for possible indirect damages, consequential damages or loss of profits. Liability for damages of the user caused by employees of Leister with wilful intent or gross negligence shall remain reserved. To the extent legally permitted, the liability for damages caused by auxiliary persons shall be excluded.

VII. Data usage

Leister complies with the relevant provisions of the Swiss Federal Law on Data Protection (DSG). The handling of data provided by users via the Leister app is regulated in more detail in the privacy policy.

VIII. Messages

From time to time, we may send you unsolicited, up-to-date notices about the myLeister-App or Leister products via app, email or by postal delivery. If you no longer wish to receive such communications, you may notify us at the email info@leister.com, and you will not receive any further communications. This is subject to technically necessary communications that are related to your use of the myLeister-App.

IX. Changes to the EULA

Leister reserves the right to change the terms of the EULA at any time. In the event of such a change to the EULA, you will be notified of these changes. If you continue to use the myLeister app thereafter, you thereby agree to the amended version of the EULA. Otherwise, you have the option to terminate the license in accordance with clause X.

X. Termination

The license granted in this EULA is effective until the EULA is terminated by either you or Leister. The EULA may be terminated by either party at any time. Once this EULA has been terminated, the services provided under this EULA (including, without limitation, use of Cloud Azure and support services provided by Leister) will no longer be available. The use of Cloud Azure may be unilaterally blocked by us. Any further use of the myLeister-App thereafter is at your own risk and Leister is released from all rights and obligations to you.

XI. Unit

If any provision of this EULA is or becomes invalid or void, this shall not affect the validity of the remaining provisions. In the event of the invalidity or voidness of a provision, it shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.

XII. Applicable law

This EULA is subject to Swiss substantive law. If this law refers to foreign legal systems, such references shall be invalid.

XIII. Place of jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with this EULA shall be the courts at the registered office of Leister.

XIV. Applicable law App Stores

Notwithstanding the foregoing provisions from this EULA, you are not entitled to more rights to use the myLeister-App than permitted under the terms of use of the relevant App Store (Microsoft, Google or Apple). You are prohibited from using the myLeister-App in any manner that does not comply with the terms of use of the relevant App Store. You and Leister acknowledge and hereby agree as follows.

(1) this EULA is entered into between you and Leister, and not the relevant App Store.
(2) Leister is responsible for the myLeister-App and not the relevant App Store
(3) the relevant App Store has no obligations with respect to the service provision and functionalities of the myLeister-App
(4) in the event of any liability, only Leister and not the relevant App Store will assume any liability claims
(5) Apple Inc. and its worldwide affiliates (to the extent the myLeister-App is downloaded through their App Store) are third-party beneficiaries of this EULA and, upon your acceptance of the EULA, Apple Inc. shall have the right to enforce the terms of this EULA against you. You represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. as a "terrorist-supporting" country; and, (b) you are not on a U.S. government list of prohibited or restricted persons.