EULA - Go Remote
END USER LICENSE AGREEMENT
This end-user license agreement ("EULA") is a legal agreement between you
and Grundfos Holding A/S, company registration no. 31858356, Poul Due Jensens
Vej 7, 8850 Bjerringbro, Denmark, which is in the industry of supplying a large
variety of pumps for various purposes, ("Grundfos").
The EULA is related to the Grundfos application GO Remote (the “Application”) as downloaded through App Store or Google Play. The Application enables you, among other features, to check the status of Grundfos Products (“Equipment”) and to some
extent remote control the Equipment via your smart phone or tablet.
By using this Application for Android, iOS or other mobile platforms, you agree to be
bound by the terms of this EULA. If you do not agree to the EULA, do not check
the "I accept the terms" box and do not use the Application.
Please note that the Application may not be fully functional without the purchase of a
device for remote control (the "Application Device"). The Application
Device is available for sale via www.grundfos.com. The I/O manual for how to set up
the Application and the Application Device will be delivered with the
Application Device.
You hereby agree to be bound by the terms of this EULA.
The Application is licensed, not sold, to you free of charge, but for use only
under the terms of this EULA. Grundfos reserves all rights not expressly
granted to you in this EULA.
1. Scope of the end-user license agreement This EULA grants you the non-exclusive and non-transferable right to use the Application on the applicable smart phone or
tablet that you own or control and as permitted by the terms and conditions of
use for your smart phone or tablet (the “Usage Rules”). You may not rent,
lease, lend, sell, redistribute or sublicense the Application or make the
Application available over a network where it could be used by multiple devices
at the same time. Unless expressly permitted in this EULA and/or the Usage
Rules, you may not copy, decompile, reverse engineer, disassemble, attempt to
derive the source code of, modify, or create derivative works of the
Application, any updates, or any part thereof except to the extent permitted by
mandatory applicable law. The terms of this EULA will govern any upgrades
provided by Grundfos that replace and/or supplement the original Application,
unless such upgrade is accompanied by a separate EULA in which case the terms
of that EULA will govern.
2. PAYMENTS UNDER THE CONTRACT
The Application can be downloaded free of charge from App Store or Google Play. The
Application may at a later stage introduce the possibility for you to purchase
supplemental services, when using your Application. Such purchasing will,
however, always be subject to your active and informed consent. Information on
method of purchasing and payment security will be provided to you directly upon
your purchase.
3. DATA
Grundfos collects data through the Application in various instances:
- When making a report
If you choose to create a report through the Application and utilize the e-mail
functionality, the report data will be send to Grundfos for PDF-conversion and
send back as a pdf-file to be attached to the report e-mail created by the
Application.
- Data on use of the Application for analytical and quality purposes
When using the Application, anonymous data on how the Application is used is
collected for analytical and quality purposes.
- Equipment data, smart phone/tablet data and other measurements
When using the Application, Grundfos collects data from the Equipment and your
smart phone/tablet, which will be, integrated in Grundfos big data services. Grundfos
big data services allows Grundfos to support its customers with analytics and
predictions based on total customer data input. The collected data from the
Equipment includes product serial numbers paired with product data on
performances, flow and other measurements which are provided through sensors
and other data collectors in the Equipment or as reported by you (“Equipment
Data”). The Equipment Data Grundfos receives via the Application allows
Grundfos to identify the general product type/model which has provided the Equipment
Data. Grundfos collects location data translated into zip-code or city name
from your smart phone/ tablet. Grundfos does not receive information via the Application, which allows Grundfos to identify an owner or user of a product unless identity information has been provided by the owner/user to Grundfos in other instances
(e.g. as part of a service agreement or as part of another application). Amongst
other things, Grundfos utilizes its big data services to learn about the
performance of Equipment, statistical purposes, development and optimization of
current and future products and services.
YOU HEREBY AGREE THAT GRUNDFOS MAY COLLECT AND PROCESS DATA AS DESCRIBED IN THIS SECTION 3.
FURTHER, YOU, AS A USER OF THE APPLICATION, HAVE THE RESPONSIBILITY TO ENSURE THAT ANY 3RD PARTY (SUCH AS – BUT NOT LIMITED TO – HOMEOWNERS OR TENANTS) DELIVERING DATA INTO THE APPLICATION, CONSENTS TO THE COLLECTION OF DATA THROUGH THE APPLICATION AND YOU AGREE THAT YOU HAVE GATHERED CONSENT FROM SAID 3RD PARTY TO
GATHER THE MENTIONED DATA.
Grundfos does not intend to collect personal data, however, personal data might be put
into the free text fields in the report. In such cases Grundfos will only process this data when making a PDF-conversion of the report. The data will not be stored by Grundfos.
Grundfos Holding A/S is the data controller and responsible for data security for the
collected personal data and can share it with third party data processors and
companies in the Grundfos Group for the specific purposes mentioned above.
You have the right to inquire about the personal data that Grundfos has recorded about
you and to object to recorded personal data. If the personal data is incorrect,
incomplete or irrelevant, you are entitled to have the personal data corrected
or deleted. If you would like to know more or wish to change your personal data,
you are welcome to contact Grundfos Holding A/S by sending an e-mail to support@grundfos.com.
4. Termination
The license is effective until terminated by you or Grundfos. Your rights under
this license will terminate automatically without notice from Grundfos if you
fail to comply with any term(s) of this EULA. Upon termination of the license,
you shall cease all use of the Application, and destroy all copies, full or
partial, of the Application. Only stored Personal Data - if any - will be
deleted as per Grundfos’ legislative obligations upon the termination of this
EULA.
Grundfos updates its services, including the Application, on an ongoing basis, which may include the change of the EULA. The continued use of the Application is subject
to the acceptance of the current EULA. If you cannot accept a change to this EULA,
you cannot continue using the Application.
5. Access to equipment
The features in the Application may, with the use of the Application Device, enable
changes to the Equipment through the remote control function.
Access to the Application may require internet access and that you accept additional
terms of service. You agree to access the Application, Application Device, and
Equipment at your sole risk and Grundfos shall not have any liability to you
for the consequences of such access. Grundfos does not guarantee the
availability, accuracy, completeness, reliability, or timeliness of information
displayed by accessing the Equipment. Grundfos makes no representation that
information that may be accessed from, displayed on, or linked to from your
device is appropriate or available for use in any particular location. To the
extent you choose to access Equipment, you do so at your own initiative and are
responsible for compliance with any applicable laws, including but not limited
to applicable local laws.
6. Use and abuse
The first time the features of the Application and the Application Device connects
with the equipment, the Application and the Application Device must be within
close range of the Equipment and the Equipment must have been manually switched
on and the connection to the Application and the Application Device must be accepted
by pressing a physical button on the Equipment.
The Equipment is not subject to any password restrictions. Consequently, any user with
an Application and Application Device can connect to the Equipment, provided
such user is within close range of the Equipment, that the Equipment and the
Application Device are turned on and that the connection between the
Application, the Application Device and the Equipment has been accepted by
pressing a physical button on the Equipment the first time the user wants to
connect.
Grundfos assumes that you have the necessary rights to access the Equipment in
ownership, employment, contract etc. Grundfos assumes no liability for misuse
of the Application to obtain unlawful access to the Equipment. Nor does
Grundfos assume any liability for other users' misuse of their Application and
Application Device on the Equipment.
7. HIGH RISK ACTIVITIES
The Application is not fault-tolerant and is not designed, manufactured or intended to control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines, or weapons systems,
any military use in which the failure of the Application could lead to death,
personal injury, or severe physical or environmental damage.
8. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. GRUNDFOS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY
QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF MERCHANTABILITY, OF INFRINGEMENT OF THIRD PARTY RIGHTS AND OF QUIET ENJOYMENT. GRUNDFOS DOES NOT WARRANT THAT THE FUNCTION, MATERIAL OR INFORMATION CONTAINED IN THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GRUNDFOS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND
LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of liability
GRUNDFOS SHALL NOT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, INCLUDING THE CONTENT OF THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF CONTRACT, TORT OR OTHER - AND EVEN IF GRUNDFOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISIONS CONTAINED IN THIS EULA, GRUNDFOS’ ENTIRE LIABILITY IN CONNECTION WITH OR RESULTING FROM THE APPLICATION AND/OR THIS EULA OR FROM THE PERFORMANCE OR BREACH THEREOF SHALL IN NO CASE EXCEED THE PURCHASE PRICE OF THE APPLICATION IN AGGREGATE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR
PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER SPECIFIC MATTERS SO THIS LIMITATION MAY NOT APPLY TO YOU.
10. LIMITATION OF PRODUCT LIABILITY
GRUNDFOS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE OR LOSS CAUSED BY DEFECTIVE PRODUCTS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR LOSS OR DAMAGE TO GOODS CAUSED BY THE PRODUCTS ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AVAILABLE INFORMATION IN THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF PRODUCT LIABILITY OR ENTIRELY OR
TO A CERTAIN EXTENT, SO THIS LIMITATION MAY NOT IN ITS ENTIRETY OR TO A CERTAIN EXTENT APPLY TO YOU.
11. Export control
You acknowledge that the Application may be subject to the export and foreign trade control laws and regulations of the United States and that the export, re-export,
transfer, re-transfer, or transmission of these items (“export/re-export”)
therefore may be restricted by U.S. law. You further acknowledge that
export/import laws of other countries also may apply with respect to the
Application. You agree to comply with all applicable U.S. Foreign Trade Control
Laws and other applicable export/import laws in your receipt and handling of
the Application, in particular, but without limitation:
(i) You will not export/re-export the Application to any country or person (individual,
entity, or organization) to which such export/re-export is restricted or
prohibited under U.S. Foreign Trade Control Laws or other applicable laws
unless you have obtained all required licenses for such export/re-export. By
downloading, installing, copying, or otherwise using the Application, you
represent and warrant that you are not located in any such country and that you
are not such a person. You acknowledge that it is your sole responsibility to
obtain any license or other authorization required for you to export/re-export
the Application.
(ii) You agree to comply fully with all requests by Grundfos for information required in
connection with the sale and shipment of the Application and with all terms and
conditions of any export/import licenses or authorizations relating to the
Application.
(iii) You will not use the Application in or in relation to (i) nuclear end uses;
(ii) rocket/missile systems or unmanned air vehicles; (iii) nuclear,
biological, or chemical weapons or weapons of mass destruction; (iv) non-U.S.
maritime nuclear propulsion projects; (v) non-U.S. vessels or aircraft; (vi)
any military end uses prohibited or restricted by U.S. Foreign Trade Control
Laws; or (vii) any other end use or end user prohibited by applicable law or
terms of a license. You also will not export/re-export or transfer (in country)
the Application for any of these restricted end uses or to any end users
involved in these restricted end uses.
12. The entire agreement
This EULA is the entire agreement of the parties, and supersedes all prior
agreements and communications, written or oral, between the parties with
respect to the subject matter of this EULA.
13. Severability
If any provision of this EULA is held to be invalid, illegal or unenforceable, the
remaining provisions shall not be affected or impaired.
14. Assignment
You may not assign or transfer this EULA or your rights or obligations under this EULA
without Grundfos’ prior written consent.
15. Applicable law and venue
The laws of Denmark, excluding its conflicts of law rules, govern this EULA and your use of the Application. Exclusive venue for any and all disputes arising from or in
connection with this EULA shall be Copenhagen City Court, Denmark. This EULA is
also available in the Application, and you may have it sent to your e-mail,
when accepting the EULA.
Grundfos Holding A/S,
Company registration no 31858356 Poul Due Jensens Vej 7,
8850 Bjerringbro, Denmark
Tel.: +45 87 50 14 00
info@grundfos.com
www.grundfos.com
19 February 2017