End User License Agreement for Bikeconnect & Bikeservice App by maxon

END USER LICENSE AGREEMENT APP:

  • End User License Agreement Apple App Store

    This End User License Agreement (“EULA”) is entered into by maxon Switzerland ltd, of Industriestrasse 23, CH-6055 Alpnach Dorf (“maxon”) and the End User (“End User”), who accepts this Agreement either by a handwritten or electronic signature or by any type of electronic declaration of intent, for example, by clicking on a download button or the like. Acceptance of this Agreement or use of the Licensed Application signifies that the End User has read, understood and accepted these Terms. If the End User does not accept this EULA, he or she must refrain from using the Licensed Application.

    1 Definitions

    ”Affiliated Companies” are all corporate bodies, companies, limited liability companies, partnerships, trusts or other legal entities that are directly or indirectly controlled by maxon, directly or indirectly control maxon or are directly or indirectly under joint control with maxon. The term “control” also includes a direct or indirect equity participation of 50% or more.

    ”Documentation” means any documentation made available by maxon in relation to the Licensed Application (whether in print, PDF format, or integrated into the Licensed Application).

    ”Authorized Products” are maxon products or services that may be used in conjunction with the Licensed Application. Authorized Products are listed in the Documentation or in conjunction with the download of the software or are otherwise notified to the Customer (e.g. during the installation process).

    ”maxon Products and Services” are all products and services offered by maxon or its Affiliated Companies.

    ”Licensed Application” means applications, including all modifications, made available by maxon or its Affiliated Companies, to the End Customer via Apple's App Store.

    2 License

    maxon grants the End Customer a non-exclusive, non-transferable, limited license to install and use the Licensed Application on all Apple products owned or controlled by the End Customer and in accordance with the rules of use set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application can be accessed and used from other accounts connected to the purchaser via Family Sharing or volume purchasing. 

    For the term of this EULA, maxon may, from time to time and at its own discretion, provide the End User with updates, upgrades, patches, fixes or new releases of the Licensed Application, which may be downloaded and installed by the End User. Any such modifications to the Licensed Application and any additional program code provided to the End User shall be subject to the terms and restrictions set forth in this EULA.

    The Licensed Application may contain free and open-source software (“FOSS”). FOSS may be licensed by third parties under separate terms. If FOSS requires maxon to provide the free and open-source software components used in the Licensed Application in the form of source code, maxon shall provide these to the End Customer upon written request.

    All ownership rights and copyrights to the Licensed Application and the Documentation, as well as all copies of the Licensed Application and the Documentation, shall remain with maxon and/or its Affiliated Companies and licensors. All rights not expressly granted in this EULA are reserved to maxon and/or its Affiliated Companies and licensors. The Licensed Application is protected by Swiss copyright law and all applicable international treaties.

    3 Obligations of the End User

    Unless otherwise provided in this EULA or permitted by mandatory applicable law, the End User:

    • may not transfer, lend, rent, or publish the licensed application to third parties or use it for their benefit without the prior written consent of maxon;
    • may not reverse-engineer, decompile, disassemble the Licensed Application or otherwise attempt to determine the source code thereof. This shall not affect the End User’s right to reverse-engineer or decompile the Licensed Application in accordance with statutory or mandatory legal provisions, particularly if this is necessary to achieve the contractually warranted functionality or interoperability of the Licensed Application with other computer programs. Prior to any such attempt at reverse engineering, decompilation, disassembly or any other attempt to determine the source code of the licensed application, the End User must request in writing that maxon provide within a reasonable time the information and documents necessary to achieve the contractually warranted functionality or interoperability with other computer programs.

    • may not otherwise modify, adapt or merge the Licensed Application either. The End User shall not use the Licensed Application for the purpose of developing or improving any Licensed Application of the End User or a third party, or any other product that competes with the Licensed Application or maxon's Products and Services;

    • may not use the Licensed Application in conjunction with non-permitted products, including but not limited to products or services not offered by maxon or its Affiliated Companies;

    • is solely responsible for the security of the End User’s systems and data, including the maxon Products and Services and the associated Licensed Application used by the End User;

    • is, subject to Section V./A. of this EULA, solely liable for all claims or demands made by third parties against the End Customer in relation to the Licensed Application. The End User is also liable for any breach of this EULA by a user of the Licensed Application;

    • is solely responsible for operating the Authorized Products by using the Licensed Application solely within the specifications established for each Authorized Product;

    • is solely responsible for refraining to ship, transport or export the Licensed Application to any country or to use it in any manner prohibited by export laws, regulations or decrees of any kind. Specifically, the End User must represent and warrant that (i) he or she is not located in a country that is subject to a U.S. government embargo or that is designated by the U.S. government as a state sponsor of terrorism; and (ii) he or she is not on a U.S. government list of prohibited or restricted parties.

    • acknowledges that maxon - and not Apple - is responsible for handling any claims of the End User or third parties in relation to the Licensed Application or the possession and/or use thereof by the End User, including but not limited to: (i) product liability claims; (ii) claims that the Licensed Application does not comply with any applicable legal or regulatory requirements; and (iii) claims arising from consumer protection, data protection or similar laws, including in relation to the Licensed Application’s use of the HealthKit and HomeKit frameworks.

    • acknowledges and agrees that Apple and its subsidiaries are third-party beneficiaries of the EULA and that, upon the End User’s acceptance of the terms of the EULA, Apple has the right (and such right shall be deemed to have been accepted) to enforce the EULA against the End User as a third-party beneficiary.

    4 Data Collection

    The End Customer agrees that maxon may collect and use technical data and related information, including but not limited to technical information concerning the End Customer’s device, the system and application software and the peripheral devices, that are collected periodically to facilitate the provision of software updates, product support and other services for the End Customer (if applicable) in relation to the Licensed Application and the Authorized Products. As long as this information is in a form that does not personally identify the End Customer, maxon may use it to improve its products or to provide services or technologies for the End Customer.

    5 Warranties and Disclaimers

    maxon provides the Licensed Application “as is” and disclaims all warranties regarding the Licensed Application, including but not limited to the warranty that the Licensed Application is fit for a particular purpose. maxon furthermore makes no warranty that the Licensed Application will function in an uninterrupted or error-free manner. Any communication by maxon or its Affiliated Companies regarding the Licensed Application, particularly concerning the functionality of the Licensed Application, is for information purposes only and does not constitute a guarantee. 

    If the Licensed Application does not comply with the applicable warranty, the End User may notify Apple, and Apple will refund the purchase price of the Licensed Application to the End User. To the extent permitted by applicable law, Apple has no further warranty obligations in relation to the Licensed Application. Furthermore, Apple is under no obligation to provide maintenance and support services in relation to the Licensed Application.

    6 Limitation of Liability

    All liability of maxon and its subsidiaries for all claims and losses regarding this EULA – including, but not limited to, claims for compensation for infringement of intellectual property rights – is hereby disclaimed to the fullest extent permitted by law. maxon and its subsidiaries shall not be liable under any circumstances for indirect, accidental or consequential damages, loss of production, business interruptions, loss of data or lost profits.

    7 Term and Termination

    maxon may terminate this EULA effective immediately for good cause, including but not limited to the following:

    • unauthorized installation or use of the Licensed Application by the End User;
    • if the End User files for bankruptcy or is declared bankrupt;
    • any other breach of this EULA by the End User that remains uncured 30 days after notification.

    Upon termination of this EULA, the licenses granted herein shall terminate automatically, and the End User shall immediately remove and destroy all copies of the Licensed Application and Documentation.

    8 Contact Information

    Any question, claim or complaint from End Users regarding the Licensed Application should be directed to:

    maxon Switzerland ltd
    Industriestrasse 23
    CH-6055 Alpnach Dorf

    +41 660 15 00
    maxonbikedrive@maxongroup.com

    9 General Provisions

    Any Affiliated Company is entitled to exercise the rights and fulfill the obligations of maxon under this EULA.

    This EULA and the licenses granted hereunder may not be assigned, sublicensed or otherwise transferred (by operation of law or otherwise) by the End Customer without the prior written consent of maxon.

    maxon reserves the right to amend or add to this EULA at any time and shall duly inform the End User of any such amendment or addendum. By continuing to use the Licensed Application, the End User agrees that any such change or amendment shall be binding in all respects. Otherwise, the license is null and void, and the End User is no longer entitled to use the Licensed Application.

    Should one or more provisions of this EULA be or become invalid, void or unenforceable, the Parties shall negotiate in good faith to agree on valid and/or enforceable provisions to replace the invalid/unenforceable provisions. The economic impact of the replacement provisions must be so consistent with the invalid provisions that it may reasonably be assumed that the Parties would have entered into the Agreement based on such new provisions. If such provisions cannot be agreed, the invalidity of one or more provisions of this EULA shall not affect the validity of this EULA as a whole unless the invalid provisions are of such material importance to this EULA that it may reasonably be assumed that the Parties would not have entered into this EULA but for the invalid provisions.

    This EULA shall be governed by the laws of Switzerland, excluding its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. For all disputes arising from or in relation to this EULA, the courts at the place of maxon’s registered office shall have jurisdiction, except as required by law.

  • End User License Agreement Android

    This End User License Agreement (“EULA”) is entered into by maxon Switzerland ltd, of Industriestrasse 23, CH-6055 Alpnach Dorf (“maxon”) and the End User (“End User”), who accepts this Agreement either by a handwritten or electronic signature or by any type of electronic declaration of intent, for example, by clicking on a download button or the like. Acceptance of this Agreement or use of the Licensed Application signifies that the End User has read, understood and accepted these Terms. If the End User does not accept this EULA, he or she must refrain from using the Licensed Application.

    1 Definitions

    ”Affiliated Companies” are all corporate bodies, companies, limited liability companies, partnerships, trusts or other legal entities that are directly or indirectly controlled by maxon, directly or indirectly control maxon or are directly or indirectly under joint control with maxon. The term “control” also includes a direct or indirect equity participation of 50% or more.

    ”Documentation” means any documentation made available by maxon in relation to the Licensed Application (whether in print, PDF format, or integrated into the Licensed Application).

    ”Authorized Products” are maxon products or services that may be used in conjunction with the Licensed Application. Authorized Products are listed in the Documentation or in conjunction with the download of the software or are otherwise notified to the Customer (e.g. during the installation process).

    ”maxon Products and Services” are all products and services offered by maxon or its Affiliated Companies.

    ”Licensed Application” means the applications made available by maxon or its Affiliated Companies to the End Customer via the Google Play Store, including all modifications.

    2 License

    maxon grants to the End Customer a non-exclusive, non-transferable, limited license to install and use the Licensed Application on all Android-based products that the End Customer owns or controls, except that the Licensed Application can be accessed and used from other accounts connected to the purchaser via the Family Library or volume purchasing.

    For the term of this EULA, maxon may, from time to time and at its own discretion, provide the End User with updates, upgrades, patches, fixes or new releases of the Licensed Application, which may be downloaded and installed by the End User. Any such modifications to the Licensed Application and any additional program code provided to the End User shall be subject to the terms and restrictions set forth in this EULA.

    The Licensed Application may contain free and open-source software (“FOSS”). FOSS may be licensed by third parties under separate terms. If FOSS requires maxon to provide free and open-source software, then, upon written request, maxon shall provide the End Customer with the source code of the components used in the Licensed Application.

    All ownership and intellectual property rights to the Licensed Application and the Documentation, as well as to all copies of the Licensed Application and the Documentation, shall remain with maxon or its Affiliated Companies and licensors. All rights not expressly granted in this EULA are reserved to maxon and/or its Affiliated Companies and licensors. The Licensed Application is protected by Swiss copyright law and all applicable international treaties.

    3 Obligations of the End User

    Unless otherwise provided in this EULA or permitted by mandatory applicable law, the End User:

    • may not transfer, lend, rent, or publish the licensed application to third parties or use it for their benefit without the prior written consent of maxon;

    • may not reverse-engineer, decompile, disassemble the Licensed Application or otherwise attempt to determine the source code thereof. This shall not affect the End User’s right to reverse-engineer or decompile the Licensed Application in accordance with statutory or mandatory legal provisions, particularly if this is necessary to achieve the contractually warranted functionality or interoperability of the Licensed Application with other computer programs. Prior to any such attempt to reverse-engineer, decompile, disassemble or otherwise determine the source code of the Licensed Application, the End User must request in writing that maxon provide, within a reasonable period, the information and documents necessary to achieve the contractually warranted functionality or interoperability with other computer programs;

    • may not otherwise modify, adapt or merge the Licensed Application. The End User shall not use the Licensed Application for the purpose of developing or improving any Licensed Application of the End User or a third-party provider or any other product that competes with the Licensed Application or any maxon Products and Services;

    • may not use the Licensed Application in conjunction with non-permitted products, including but not limited to products or services not offered by maxon or its Affiliated Companies;

    • is solely responsible for operating the Authorized Products by using the Licensed Application solely within the specifications established for each Authorized Product;

    • is solely responsible for refraining to ship, transport or export the Licensed Application to any country or to use it in any manner prohibited by export laws, regulations or decrees of any kind. Specifically, the End User must represent and warrant that (i) he or she 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 state sponsor of terrorism; and (ii) he or she is not on a U.S. government list of prohibited or restricted parties.

    • acknowledges that maxon - and not Google - is responsible for handling any claims of the End User or third parties in relation to the Licensed Application or the possession and/or use thereof by the End User, including but not limited to: (i) product liability claims; (ii) claims that the Licensed Application does not comply with any applicable legal or regulatory requirements; and (iii) claims arising from consumer protection, data protection or similar laws.

    4 Data Collection

    The End Customer agrees that maxon may collect and use technical data and related information, including but not limited to technical information concerning the End Customer’s device, the system and application software and the peripheral devices, that are collected periodically to facilitate the provision of software updates, product support and other services for the End Customer (if any) in relation to the Licensed Application and the Authorized Products. As long as this information is in a form that does not personally identify the End Customer, maxon may use it to improve its products or to provide services or technologies for the End Customer.

    5 Warranties and Disclaimers

    maxon provides the Licensed Application “as is” and disclaims all warranties regarding the Licensed Application, including but not limited to the warranty that the Licensed Application is fit for a particular purpose. maxon furthermore makes no warranty that the Licensed Application will function in an uninterrupted or error-free manner. Any communication by maxon or its Affiliated Companies regarding the Licensed Application, particularly concerning the functionality of the Licensed Application, is for information purposes only and does not constitute a guarantee. 

    To the extent permitted by law, Google does not provide any warranty for the Licensed Application. Furthermore, Google is under no obligation to provide maintenance and support services for the Licensed Application.

    6 Limitation of Liability

    All liability of maxon and its subsidiaries for all claims and losses regarding this EULA – including, but not limited to, claims for compensation for infringement of intellectual property rights – is hereby disclaimed to the fullest extent permitted by law. maxon and its subsidiaries shall not be liable under any circumstances for indirect, accidental or consequential damages, loss of production, business interruptions, loss of data or lost profits.

    7 Term and Termination

    maxon may terminate this EULA effective immediately by notifying the End User for good cause, including but not limited to the following:

    • unauthorized installation or use of the Licensed Application by the End User;
    • if the End User files for bankruptcy or is declared bankrupt;
    • any other breach of this EULA by the End User that remains uncured 30 days after notification.

    Upon termination of this EULA, the licenses granted herein shall terminate automatically, and the End User shall immediately remove and destroy all copies of the Licensed Application and Documentation.

    8 Contact Information

    Any question, claim or complaint of the End User regarding the Licensed Application should be directed to:

    maxon Switzerland ltd
    Industriestrasse 23
    CH-6055 Alpnach Dorf

    +41 660 15 00
    maxonbikedrive@maxongroup.com

    9 General Provisions

    Any Affiliated Company may exercise the rights and fulfill the obligations of maxon under this EULA.

    This EULA and the licenses granted hereunder may not be assigned, sublicensed or otherwise transferred (by operation of law or otherwise) by the End User without the prior written consent of maxon.

    maxon reserves the right to amend or add to this EULA at any time and shall duly inform the End User of any such amendment or addendum. By continuing to use the Licensed Application, the End User agrees that any such change or amendment shall be binding in all respects. Otherwise, the license is null and void, and the End User is no longer entitled to use the Licensed Application.

    Should one or more provisions of this EULA be or become invalid, void or unenforceable, the Parties shall negotiate in good faith to agree on valid and/or enforceable provisions to replace the invalid/unenforceable provisions. The economic impact of the replacement provisions must be so consistent with the invalid provisions that it may reasonably be assumed that the Parties would have entered into the Agreement based on such new provisions. If such provisions cannot be agreed, the invalidity of one or more provisions of this EULA shall not affect the validity of this EULA as a whole unless the invalid provisions are of such material importance to this EULA that it may reasonably be assumed that the Parties would not have entered into this EULA but for the invalid provisions.

    This EULA shall be governed by the laws of Switzerland, excluding its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. For all disputes arising from or in relation to this EULA, the courts at the place of maxon’s registered office shall have jurisdiction, except as required by law.