EULA - Go Install
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 application downloaded through App Store or Google Play, which among other features enables you to understand Grundfos products and applications via your smartphone, iPad or iPod touch and further, to access product information and specifications, including installation and operating instructions and drawings, regarding Grundfos products (“Application”).
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.
1. SCOPE OF THE LICENSE
This EULA grants you the non-exclusive and non-transferable right to use the Application in object code format on the applicable smart phone or tablet that you own or control and as permitted by the terms of 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 the
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. 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.
4. FEATURES
The Application contains application advice and calculators. The content of these features are only recommendations and Grundfos are not responsible for the installation and use of these. Nor is Grundfos responsible for any malfunction, incorrect
information and/or material contained in the Application. The Grundfos GO
Installer Companion app gives access to offline product information, easy
dimensioning and selection, digital pump selection tool, digital calculation
tool, tools for troubleshooting and service videos.
5. NO WARRANTY
You expressly acknowledge and agree that use of the application is at your sole risk. The application is provided \"as is\", without a warranty of any kind. Grundfos hereby
expressly disclaims all warranties and conditions with respect to the application,
either expressed, 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 non-infringement of
third party rights. 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 authorised
representative shall be deemed to be a warranty.
6. 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 the theory
of liability (contract, tort or otherwise) 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.
7. 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.
8. 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.
9. SEVERABILITY
If any provision of this EULA is held to be invalid, illegal or unenforceable, the remaining provisions shall not be affected or impaired.
10. ASSIGNMENT
You may not assign or transfer this EULA or your rights or obligations under this EULA without Grundfos’ prior written consent.
11. 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.