END USER LICENSE AGREEMENT – ENERGY CHECK TOOL
Thisend-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").
This EULA is related to Energy Check Tool (hereafter “Application”) downloaded
through App Store or Windows Store, which among other features enables you to
collect data of installed pumps at a customer (“Equipment”) and upload the
collected data to Grundfos for Grundfos to process the data into a report. This
requires that you have a specific agreement with Grundfos.
By using this Application you agree to be bound by the terms of this EULA. If you
do not agree to the EULA, do not check the "I agree" box and do not use the Application.
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.
You hereby agree to be bound by the terms of this EULA, including any future
updates of the EULA. If you do not agree to the EULA or any future updates of
the EULA, do not - and you are not allowed to - use the Application.
The terms of this EULA or any future updates of the EULA will apply to any upgrades
of the Application and any supplemental services that replace and/or supplement
the original version of the Application and any early access program, unless such upgrade/supplemental service is accompanied by a separate EULA in which case the terms of that EULA and any future updates of the EULA will govern the upgrade/supplemental service.
1. SCOPE OF THE END USER LICENSE AGREEMENT
This EULA grants you the non-exclusive and non-transferable right to use the
Application in executable format on the applicable smartphone or tablet that
you own or control and as permitted by the terms of and conditions of use for
your smartphone 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.
2. PAYMENTS UNDER THE CONTRACT
The Application can be downloaded free of charge from App Store or Windows Store.
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. PERSONAL DATA
3.1. What Personal Data is collected?
No Personal Data is collected through the application, unless you decide to upload
the data to Grundfos for Grundfos to process the data into a report. This requires that you have a specific agreement with Grundfos.
Upload of data to Grundfos requires that you have a Grundfos Account. Grundfos
collects the information that you provide when creating a Grundfos Account -
that is: Your first and last name, your email address, your company and a
unique user ID created when you sign in. You can additionally choose to provide
your country/area, areas of interest and job role. Moreover, Grundfos collects
data on your use of the Applications through your unique user ID.
When uploading the data to Grundfos, Grundfos receives and collects the data in your
upload created through the Application and all data collected and created
through the Application. This upload can include further personal data.
Further, you, as user of the Application, have the responsibility to ensure that any third party/customer delivering personal data into the Application consents to the collection of his/her personal data through the Application and you agree that you have consent from said third party to upload data and make a report through the system, which is received by Grundfos. YOU ALSO AGREE TO HAVE NOTIFIED SAID THIRD PARTY ABOUT THE PROCESSING OF HIS HER/PERSONAL DATA ACCORDING TO THIS EULA.
3.2. The purpose of collecting the personal data
Grundfos will use the personal data for delivering the report requested by you. Further,
Grundfos will store the data including the personal data delivered by you and the report with the purpose of improving the Application, the Grundfos products and provide services and technologies to you.
Subject to your specific consent, Grundfos may use your specific geo-location data for
providing geo-location services in the Application and future business services such as providing location data to reports. Geo-location data will also be used for future business services.
Grundfos will not store, transfer or in any other way process your personal data outside
of this specific purposes mentioned above.
3.3. The legal basis for collecting and processing the Personal Data
The processing of your personal data is based on the agreement between you and Grundfos that you get access to the Application and the services Grundfos delivers in connection. The processing of your Personal Data is thereby considered necessary for the performance of a contract to which you are a party, which is Grundfos’ legal basis for processing your Personal Data (Article 6, para. 1, lit. b of the General Data
Protection Regulation (Regulation (EU) 2016/679)).
Your Personal Data may only be processed for different purposes if this is necessary in order to comply with legal or regulatory obligations (e.g. transfer to courts or criminal prosecution authorities), if you have consented to the respective processing, or if the processing is otherwise lawful under applicable law. If processing for a different purpose takes place we may provide you with additional information.
3.4. Details of the data controller and recipients of the Personal Data
Grundfos Holding A/S, Poul Due Jensens Vej 7, 8850 Bjerringbro, Denmark, telephone +45 87 50 14 00 is the data controller and responsible for the data security in relation to
the processing of your Personal Data according to the specific purposes
Grundfos can share your Personal Data with other local companies in the Grundfos Group that will assist with IT support for the above systems for the specific purposes
mentioned above. Further, Grundfos can share your personal data with other third-party recipients, typically consultants, that will assist with IT support for the above systems and assist with the processing of your Personal Data on behalf of Grundfos in the above systems.
Finally, there will be a possibility that Grundfos will upload the report and connect it to
its customer data in SAP. For that purposes, Grundfos is using SAP DANMARK A/S, Lautrupsgade 11, 2100 København Ø, Denmark, as processor, and SAP will assist Grundfos with processing of customer data and provides the system for the processing. The system is stored locally on premises in Bjerringbro, Denmark.
Other authorised third parties may need to access or store Personal Data if required
or permitted by applicable law (e.g. governmental authorities, courts, external
advisers and similar third parties that are public bodies).
3.5. Transfer of the Personal Data
In certain cases, your Personal Data may be transferred to outside of EU/EEA. Grundfos ensures that such transfer will be carried out in accordance with the applicable data protection laws. This entails that any party outside of EU/EEA which comes in possession of your Personal Data must ensure an adequate level of protection, for example by entering into the EU standard contractual clauses, or implement and comply with binding corporate rules, where applicable. If you have any inquiries in relation hereto, you are welcome to contact Grundfos – please see the contact information below in the ‘How can you access your Personal Data?/Further
3.6. Retention period
Retention period in relation to the Personal Data you deliver when creating a Grundfos
Personal Data collected through the Energy Check tool for the purposes stated above will be stored only as long as necessary for the purposes mentioned above. Some of
your Personal Data may be stored for a longer period in an anonymised form that
does not allow you to be identified.
Some of your Personal Data may, however, be stored for accounting purposes or for
defence of legal claims. This Personal Data will be stored until the expiration
of the statutory limitation period. Moreover, some of your Personal Data may be
stored in an anonymised form that does not allow you to be identified.
3.7. How can you access your Personal Data?/Further rights
Under applicable law, you have various rights:
Withdrawal of consent: If you have declared your consent for any Personal Data processing activities you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent.
Right of access: You may have the right to obtain from us confirmation as to whether or not Personal Data concerning you is processed, and, where that is the case, to
request access to the Personal Data. The access information includes – inter
alia – the purposes of the processing, the categories of Personal Data concerned, and the recipients or categories of recipients to whom the Personal Data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access.
You may have the right to obtain a copy of the Personal Data undergoing processing.
For further copies requested by you, we may charge a reasonable fee based on
Right to rectification: You may have the right to obtain from us the rectification of inaccurate Personal Data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.
Right to erasure ("right to be forgotten"): Under certain circumstances, you may
have the right to obtain from us the erasure of Personal Data concerning you
and we may be obliged to erase such Personal Data.
Right to restriction of processing: Under certain circumstances, you may have the right to obtain from us restriction of processing your Personal Data. In this case, the respective data will be marked and may only be processed by us for certain purposes.
Right to object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, or where Personal Data are processed for
direct marketing purposes at any time to the processing of your Personal Data
by us and we can be required to no longer process your Personal Data.
Right to data portability: Under certain circumstances, you may have the right to receive the Personal Data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.
If you would like to know more, wish to change your information or wish to use one or more of your above rights, you are welcome to contact Grundfos Holding A/S by filling
out this contact form.
3.8. Filing of complaints
In case of complaints, you also have the right to lodge a complaint with the competent supervisory authority regarding the processing of your Personal Data.
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.
5. ACCESS TO APPLICATION
Access to the Application may require internet access and that you accept additional
terms of service. You agree to access the Application at your sole risk and Grundfos shall not have any liability to you for the consequences of such access. 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.
6. USE AND ABUSE
Grundfos assumes that you have the necessary right to access the Equipment in ownership, employment, contract etc. Grundfos assumes no liability for your 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 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 as regarding the Application, and
supersedes all prior agreements and communications, written or oral, between the parties with respect to the subject matter of this EULA.
If any provision of this EULA is held to be invalid, illegal or unenforceable, the
remaining provisions shall not be affected or impaired.
You may not assign or transfer this EULA or your rights or obligations under this
15. APPLICABLE LAW AND VENUE
formation (including non-contractual disputes or claims) shall be governed by, and
constructed in accordance with, the laws of Denmark, without reference of to
the conflicts/choice of laws or principals thereof. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
The courts of Lyngby, Denmark, shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this EULA or its subject matter or formation (including non-contractual disputes or claims).