Leister Technologies AG
End User License Agreement – Leister-App
End user license agreement for the Leister-application („Leister-App“), which you can use together with your automatic welding machine from Leister (hereinafter „EULA“)
Please read this EULA carefully before downloading or using the Leister-App. This EULA is a legally binding agreement between you and Leister Technologies AG, Galileo-Strasse 10, CH-6056 Kägiswil/Switzerland (“Leister”) with regard to the use of your Leister-App. By downloading or using the Leister-App, you agree to the following provisions (including the Leister Data Protection Policy pursuant to section 7) (EULA and the Data Protection Policy will also be referred to as the “Leister-App-terms”).
1. Installation: The Leister-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 automatic welding machine. Once all of your devices are connected with each other, the welding data from your Leister automatic welding machine will be automatically transmitted to your Leister-App and all connected local work stations. You can find further information on this in our instruction manual. Please note that the Leister-App must at all times be used in the latest version in order to functionally interact with your Leister automatic welding machine.
2. Functions: As soon as you have downloaded the Leister-App onto your local work station and connected your Leister automatic welding machine with your Leister-App, the following data generated through your welding activities will be stored on your Leister-App: (i) welding parameters (the temperature, pressure, force resulting from welding, latitude, longitude, model of the automatic welding machine etc.); (ii) your manual user entries (e.g. environmental conditions, materials etc.); (iii) registration or login data, respectively (e.g. name of employee, e-mail address, company, address, serial number of the automatic welding machine(s)) as well as (iv) geo-localisation data of the place of your activity (hereinafter “data”). Your data recorded on the Leister-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. If you do not want to use Azure-Cloud you may deactivate the function under “settings” in the menu of the Leister-App. In case of such deactivation, your data will only be transmitted to and stored on your local workstation(s). Please note that the Leister-App will also use the App Google Maps for the purpose of identification and the display of your local position. You are aware that while using the Leister-App, the App Google Maps will also be used and your geo-localisation data may be transmitted to and stored with the company Google for the purposes of your localisation.
3. Scope of the License: You are granted a non-exclusive, non-transferable, non-sub-licensable and territorially and, for the time being, temporarily unlimited license to use the Leister-App machine on your terminal device in combination with your Leister automatic welding machine for the purposes of data storage as described in section 2. You may use the Leister-App, the Leister automatic welding machine and/or the data only for legal purposes. You are prohibited to (i) lease, sell, sublicense or otherwise make the Leister-App commercially available to any third party as well as (ii) decompile the Leister-App (reverse engineering and/or disassembling) or try to decode, modify, edit its source code or produce derivative software based on it.
4. Warranty: The functions of the Leister-App are provided on an “as is”-basis and are free of charge. The use of the functions takes place on your own risk and responsibility. Leister does not provide assurances, guarantees or warranties with respect to the functionalities or the achieving of specific goals through the Leister-App. Any and all warranties relating to the functionalities of the Leister-App are hereby excluded. In particular, Leister does not guarantee that the data stored in the Azure-Cloud is available, respectively retrievable at any time.
Leister reserves the right to modify, limit or suspend the functionalities of the Leister-App at any time. The user has no right to the continuation of the Leister-App service. Leister is not liable possible interruptions in the availability of the Leister-App and/or its functionalities. The Leister-App must be used in its latest version in order to functionally interact with your Leister automatic welding machine. Leister does not support outdated versions of the Leister-App.
5. 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 Leister-App in an infringing manner (e.g. infringing intellectual property rights of any third parties or the furtherance of criminal offences).
6. Limitation of liability: To the extent permitted under applicable law, any liability of Leister with respect to the use of the Leister-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.