EULA - Go Replace
End-User License Agreement, Prerequisites, Personal Data and Disclaimer
This end-user license agreement (\"EULA\") is a legal agreement between you, being the installer, 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 application (“Application”) enables you to search for replacement suggestions of products and generate reports with the suggestion and estimated savings information.
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 EULA
This EULA grants you the non-exclusive and non-transferable personal 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 by
mandatory applicable law, 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 or any part
thereof. The terms of this EULA will apply to any upgrades of the Application,
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. PREREQUISITES FOR USING THE APP
You agree that
The purpose of the Application is to suggest a possible replacement product.
The Application does not diminish or eliminate your obligations of making your own professional assessments and conclusions as to whether the existing product can be replaced by the product suggested by the Application as Grundfos has no insight into the specific systems, e.g. boilers, and consequently as to whether the suggested replacement in the specific system is fit for purpose. The replacement is merely a suggestion by Grundfos which is based on the product exclusively. You are responsible for conducting the replacement and ensuring that the replacement product will work
with the existing system, e.g. the boiler.
You may be regarded as manufacturer of the system, if the system is regarded new as a result of the replacement of the product, and consequently you may be subject to issue declaration of conformity.
The product may only be replaced by you being a professional installer.
In specific, but not limited to, you agree that
You may not modify or otherwise change the construction of boiler as part of the replacement process.
You may not initiate or must abandon the replacement if the existing power cable is not long enough/needs extension or if the power cable will be re-routed making the installation unsafe.
You must verify that the right residual current circuit breaker (RCCB) is installed prior to replacement. To the extent you choose to access the Application, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
3. PAYMENTS UNDER THE CONTRACT
The Application can be downloaded and used 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 to be used together with the 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
4. PERSONAL DATA
You agree that Grundfos may collect your first and last name, your company, your company address and your email address that you provide to us when creating a user profile in the Application or otherwise given when using the Application. You agree that Grundfos may process the personal data provided by you in connection with your use of the Application with the purpose of delivering the services of the Application
requested by you You agree that Grundfos receives all data (including at least
pictures, product number, application type, information about your device and
other technical data related to the product) created and/or informed through the
Application with the purpose of identify the existing pump and the suggested
replacement. Further, Grundfos will use the data for support reasons and for
learning experiences for improving the Application, Grundfos’ products, and
business intelligence. Access to photos is used when adding photos from the
photo library to a report, or taking photos during the Application usage. The
same applies to the reports possibly created through the Application, including
also pictures added to such reports. Personal data (i.e. address) related to
third party (such as – but not limited to – the owners or users of the specific
heating system, e.g. boiler) given in connection with creating a soft copy
report (e.g. in PDF format) through the Application may not be collected and
processed without his/her consent. You, as user of the Application, shall
ensure that any third party providing personal data into the Application
consents to the collection and processing of his/her personal data through the
Application. The consent shall be collected in the signatory field shown prior
to generating the soft-copy report by the Application. The consent states that
you, as installer, will only be using this third party personal data for your
replacement services and support in that regard. You are not allowed as part of
the Application to use the third party personal data in any other connection
and you have an obligation to delete reports from the Application when they are
no longer needed in relation to your support to the third party. Further, the
consent states that Grundfos will collect and process the third party personal
data with the purpose of generating the soft copy report. Grundfos will not in
any way store and use third party personal data in any other connection. Grundfos
will not store, transfer or in any other way process your personal data outside
of the specific purposes mentioned above. Grundfos Holding A/S is the data
controller and responsible for data security for the collected information
(except for information stored on your device) and can share it with Microsoft
Danmark Aps, Adobe Analytics or other third party data processors and companies
in the Grundfos group of companies for the specific purposes mentioned above.
You have the right to inquire about the information that Grundfos has recorded
about you and to object to recorded information about you. If the information
is incorrect, incomplete or irrelevant, you are entitled to have the
information corrected or deleted. If you would like to know more or wish to
change your information, you are welcome to contact Grundfos Holding A/S by
sending an e-mail to email@example.com.
The license to use this Application is effective until terminated by you or Grundfos without notice. 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.
6. ACCESS TO EQUIPMENT
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 or lack hereof. Grundfos does not guarantee the availability, accuracy, completeness, reliability, or
timeliness of information displayed by accessing the Application. 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
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.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED \"AS IS\". GRUNDFOS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES (WHETHER EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE
APPLICATION, INCLUDING - BUT NOT LIMITED TO - IN RELATION TO QUALITY; FITNESS FOR A PARTICULAR PURPOSE; ACCURACY; MERCHANTABILITY AND INFRINGEMENT OF THIRD PARTY RIGHTS. FURTHERMORE, GRUNDFOS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTION; MATERIAL OR INFORMATION CONTAINED IN OR PROVIDED BY THE APPLICATION
WILL MEET YOUR EXPECTATIONS, NEEDS OR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GRUNDFOS SHALL NOT HAVE ANY DIRECT OR INDIRECT LIABILITY WHATSOEVER (IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR
OTHERWISE) RESULTING FROM YOUR USE, INABILITY TO USE, ACTIONS TAKEN OR INACTIONS OCCURING IN RELIACE OF THE APPLICATION (INCLUDING ALSO THE CONTENT OF OR INFORMATION IN THE APPLICATION) OR RESULTING FROM THE APPLICATION BEING DEFECTIVE, INCLUDING - WITHOUT LIMITATION - WITH RESPECT TO PERSONAL INJURY OR LOSS OR DAMAGE TO GOODS; ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (E.G. DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF GRUNDFOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABLITY, REPRESENTATIONS AND WARRANTIES IS NOT APPLICABLE IN CASE OF FRAUD OR GROSS
NEGLIGENCE, OR BREACH OF PUBLIC ORDER RULES.
9. 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 and regulations 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 and regulations 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 and regulations 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
(ii) You agree to comply fully 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 (a) nuclear end uses; (b) rocket/missile systems or unmanned air vehicles; (v) nuclear, biological, or chemical weapons or weapons of mass destruction; (d) non-U.S. maritime nuclear propulsion projects; (e) non-U.S. vessels or aircraft; (f) any military end uses prohibited or restricted by U.S. Foreign Trade Control Laws; or (g) any other end use or end uses prohibited by applicable law, regulation 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.
10. 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.
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 EULA without Grundfos’ prior written consent.
13. 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 78850 Bjerringbro, Denmark, Tel.: +45 87 50 14 00 firstname.lastname@example.org www.grundfos.com.
21 December 2016