EULA
Version 1.0 Release Date 23.11.2022.
End User License Agreement for Licoso Software
This End User License Agreement (“License Agreement”) is a legal agreement between you as the user (“USER”) and Licoso GmbH, Amerikastr. 14, 66482 Zweibrücken, Germany (“LICOSO“). By accepting this License Agreement during the registration process and/or by downloading, installing, reproducing or otherwise using the software provided by LICOSO (“Software”), the USER enters into this License Agreement, and this License Agreement governs the USER’s use of the Software, associated media and internet based services. The use of the Software without the conclusion of this License Agreement is an infringement of copyright.
1.1 LICOSO is entitled to provide the Software to the USER and to grant rights to use the Software under this License Agreement. LICOSO retains all intellectual property rights in the Software, and this License Agreement provides for a limited license for the Software, but not for a sale or transfer of LICOSO’s intellectual property rights.
1.3 This License Agreement does not apply to any of LICOSO's programs that the USER has purchased or licensed under another agreement and prior to the Release Date defined herein.
2 License Terms
2.1 This License Agreement governs the use of the Software CRANER, consisting of the Mobile App and the Crane Data.
2.2 Mobile App
2.2.1 The Mobile App plans and simulates crane operations on site. The simulation takes into account the space and ground conditions specified by the USER, the load capacities and the crane used in each case. The simulation does not imply all conditions at the operation site, characteristics of the lifting loads and the crane as well as other relevant factors, environments and influences. The simulation may deviate from the real crane operation or produce incorrect results. The USER is responsible for the planning and the crane operation.
2.2.2 The USER receives the non-exclusive, non-transferable, non-sublicensable and personalized right to download, install and use the Mobile App on one (1) single device for an unlimited period of time and without payment of a license fee.
2.3 Crane Data
2.3.1 The Crane Data are the data of specific crane models that can be used in the simulation of the crane operation by the Mobile App. LICOSO creates the crane data based on the information provided by the crane manufacturer. The Crane Data may be incomplete or incorrect, so that the characteristics of the crane are specified incorrectly, and the simulation produces incorrect results. The USER is responsible for the use of the Crane Data.
2.3.2 The USER receives the non-exclusive, non-transferable, non-sublicensable and personalized right to download, install and use the Crane Data on one (1) single device for a limited term and against payment of a license fee.
2.4 Unless explicitly allowed by this License Agreement or applicable law, the USER may not use, copy, rework, decompile, reverse-engineer, distribute, modify or reproduce the Software. The USER may not make publicly accessible, rent or otherwise enable third parties to use the Software.
2.5 If this License Agreement and/or the right to use the Software are terminated for any reason, the USER must cease all use of the Software immediately and completely and delete all copies and installations.
2.6 The USER shall take reasonable precautions in case the Software does not function properly. He shall save his data according to state of the art and ensure that data can be restored with reasonable effort.
2.7 The USER shall not remove or change copyright notices, serial numbers or other features of the Software that serve as identification.
2.8 If LICOSO provides the USER with software of a third party as part of the Software, the USER’s right of use shall be governed exclusively by the license terms of such third party. Upon request, LICOSO shall inform the USER which third party software is included in the Software and provide the USER with access to the license terms. This applies accordingly to open source software.
3 Supply of Software
3.1 LICOSO primarily supplies the Software to the USER by making the Software available on websites, download platforms and app stores. Furthermore, the USER can acquire Crane Data through in-app purchases.
3.2 In order to purchase and use the Software, the USER might be obliged to register with websites, download platforms and app stores and with LICOSO, and from time to time connect to the Internet in order to exchange data, use certain functions, download files or verify the licensing of the Software.
3.3 If the USER subscribes Crane Data on the Apple App Store, the applicable license fee shall be managed and paid with the USER’s Apple account. The subscription shall have an initial term of one (1) year. After the expiration of this initial term, the subscription shall have an unlimited term and may be terminated by the USER with one (1) month's notice through the USER’s Apple account.
4 Warranty
4.1 LICOSO provides the Software to the USER free from defects of quality and title.
4.2 Claims for defects shall not exist in the case of an insignificant deviation from the agreed or assumed quality and an insignificant impairment of the use of the Software.
4.3 LICOSO is not obliged to remedy defects of quality or title caused by (i) the use of the Software contrary to the provisions of this License Agreement, (ii) the use of the Software in systems or in connection with hardware and software that are unsuitable for this purpose and have not been approved by LICOSO, or (iii) alterations of the Software by the USER unless the USER can prove that the defect was not caused thereby. Furthermore, LICOSO shall not be responsible if the USER fails to install updates to the Software to remedy defects.
4.4 The USER must report defects to LICOSO without delay, providing the known and relevant information, and enable LICOSO to reproduce and detect the defect. For this purpose, the USER shall use the communication services provided by LICOSO.
4.5 To remedy a significant defect in the Software, LICOSO may choose between remediation, replacement delivery or substitute performance such as provision of an update to the Software or a workaround. If the USER has set LICOSO another reasonable grace period to remedy the significant defect after a grace period has expired without result, and this grace period has also expired without result, or if a reasonable number of attempts to remedy the defect, deliver a replacement or provide a substitute service have been unsuccessful, the USER may reduce the license fee for the defective Software and claim damages or reimbursement of costs. The USER is not entitled to remedy the defect himself or have it remedied by third parties at the expense of LICOSO.
4.6 If the USER is held liable by a third party because the use of the Software under this License Agreement infringes the property rights of the third party, the USER is obliged to inform LICOSO immediately, assign the defense against these claims to LICOSO and to reasonably assists LICOSO at LICOSO’s expense in defending such claim.
4.7 Claims for remedy of defects of the Mobile App shall expire within one (1) year, and within two (2) years if the USER is a consumer. The provision of an update as well as other services for remediation, replacement delivery and substitute performance shall not trigger a new warranty and expiration period.
4.8 Claims for remedy of defects of the Crane Data shall expire as soon as the USER’s right to use expires or is terminated.
4.9 If the USER complains about a defect that does not actually exist or for which LICOSO is not responsible, the USER shall bear the expenses and costs incurred by LICOSO in examining and possibly remedying the defect
5 Liability
5.1 LICOSO shall be liable without limitations in case of intent and gross negligence, in case of injuries to life, body or health, pursuant to the terms of the German Product Liability Act, and under a guarantee granted by LICOSO.
5.2 LICOSO’s liability for slightly negligent breaches of primary obligations is limited to direct damages, which are typical for this License Agreement and were foreseeable when it was concluded. Primary obligations are obligations on the part of LICOSO which enable the fulfillment of this License Agreement, i.e., which are prerequisites for the execution of this License Agreement and on which the USER must be able to rely. This liability for each damaging event shall be limited to the license fee that was paid by the USER under this License Agreement and shall not include lost profit on the part of the USER.
5.3 Any other liability of LICOSO shall be excluded.
5.4 This limitation of liability also applies to the personal liability of LICOSO’s employees, representatives and organs.
6 Breach of Intellectual Property
6.1 If the USER breaches this License Agreement, uses the Software without the required right of use or otherwise infringes LICOSO’s intellectual property rights, the right of use granted in this License Agreement shall immediately become invalid and LICOSO may terminate this License Agreement without notice. The USER must then cease all use of the Software immediately and completely and delete or destroy all copies. LICOSO’s other rights, claims and measures against the USER remain reserved
7 Data Protection
7.1 LICOSO complies with applicable data protection law when processing personal data. Information on data protection and LICOSO’s Privacy Policy are available as follows: https://licoso.com/datenschutzerklaerung/
7.2 The USER acknowledges that LICOSO may collect technically necessary data for the provision and use of the Software by which the USER may be uniquely identifiable. This information may include: The version, area and language settings of the Software, system information about the hardware, and information about the use, configuration and defects of the Software. The content and files created and processed by the USER are not sent to LICOSO.
8 General Provisions
8.1 If any provision of this License Agreement is held to be invalid, unenforceable or incomplete, the remainder of this License Agreement shall continue in full force and effect. The invalid or unenforceable provision or the filling of the gap shall be replaced by the statutory provisions.
8.2 This License Agreement shall be governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.3 The place of jurisdiction for all legal disputes in connection with this License Agreement is Zweibrücken, Germany.