Section 1 General provisions
Section 1.1
Koenig & Bauer Vision & Protection GmbH (hereinafter referred to as “Koenig & Bauer”) makes the 'a verification app’ (ava) mobile application for the authentication of objects, which are available and activated in ‘a verification app’ (ava) e.g. banknotes and other protected objects [hereinafter referred to as “Object(s)”], (hereinafter together referred to as the “App”) and the information and functionalities contained therein available to the user solely for private use. Insofar as the App is distributed via an App store, the general terms and conditions of the respective App store shall also apply to the purchase of the App. The Commercial use of the App requires a separate agreement.
Section 1.2
During the installation process of the App, the user confirms by clicking the “Accept” button that he or she agrees to these terms of use (hereinafter referred to as the “Terms”) and declares that he or she has the consent of his or her legal representative if he or she has not yet reached the age of majority according to the applicable law. Koenig & Bauer shall be entitled to supplement, amend or replace these Terms with further terms at any time without the necessity of communicating individually with the user. If such an amendment to these Terms has been made, the amended Terms will be displayed to the user as soon as he/she calls up the App again by the appearance of a pop-up window. By clicking the “Accept” button, the user agrees to the amended version of the Terms. Koenig & Bauer shall also be entitled to modify, interrupt or discontinue the App at any time,temporarily or permanently, with or without notice to the user. Koenig & Bauer shall not be liable to the user or any third party for any modification, interruption or discontinuation of the App. In the event of a modification, these Terms shall also apply to the modified App. These Terms shall also apply to any updates that become due insofar as such update is not governed by a separate agreement.
Section 2 Rights of use
Koenig & Bauer grants the user the non-exclusive, revocable, non-sublicensable, free of charge and non-transferable right to use the App, including all digital content contained therein, in accordance with these Terms for private purposes only. “Further Applications” of the App might be licensed via separate contract, In-App-Purchase or other sales channel (hereinafter referred to as “respective Contract”). In case any respective Contract is agreed by Koenig & Bauer and the user, the actual Terms shall form an integral and binding part of this respective Contract unless otherwise expressly agreed in writing. In the event of any conflict, and unless otherwise expressly agreed to the contrary, the provisions of this respective contract shall prevail over any differing provision of these Terms.
Section 3 Obligations of the user and prohibitions
Section 3.1
The user shall only use the App lawfully in accordance with these Terms and in compliance with the applicable law. The user shall procure and maintain at their own expense any technical devices and relatedancillary services required for the user’s connection to, access to or other use of the services.
Section 3.2
The App shall not be made available to third parties, whether in return for payment or free of charge, nor shall it be published, licensed, sold or otherwise commercially exploited. The rights to the App shall not be rented, leased or otherwise transferred. The user shall neither distribute the App nor reproduce the App, in whole or in part. Modifying or editing the images or information or the professional or commercial use of the information is not permitted. Offering services using the App is also prohibited. Any use of the App that adversely affects the App itself, or websites linked to it, or the software accessed through the App, is also prohibited. In particular, any manipulation of the App or the programme code, for example, through viruses, Trojans or other malicious programme codes or other actions or tools that could damage the App and the digital content, is prohibited.
Section 4 Technical requirements
The App requires the latest available stable version of ‘Apple iOS’ or ‘Google Android’ operating system (without modifications, jailbreaks or customisation, excl. Alpha or Beta releases) (hereinafter referred as ‘Technical Requirements’). If the device is not supporting the latest available iOS or Android operating system, these should not be supported by the App. Although Koenig & Bauer, without any legal obligation to do so, is endeavouring to adapt the App to the latest operating system versions and new mobile device variants as well as making the App available for these mobile devices, the user shall have no right to demand such an update. The user shall be solely responsible for checking and ensuring that the mobile device intended to be used for the installation of the App meets the above-mentioned technical requirements.
Section 5 Warranty
Koenig & Bauer endeavors to provide a high level of availability for the App and to regularlyupdate the information that can be accessed. Koenig & Bauer does not provide any assurance or warranty that the App will always be available without interruption or fault or that the information will always be correct or complete. Koenig & Bauer does not provide any warranty or assurance of any kind, whether express or implied, with regard to the App and the information made available, including, but not limited to, implied warranties. Furthermore, Koenig & Bauer does not warrant the marketability, satisfactory quality, fitness
for a particular purpose, accuracy, completeness, current validity or uninterrupted use of the App. In particular, Koenig & Bauer does not warrant that all counterfeit Objects will be identified as such and does not provide any warranty in the event that genuine Objects are identified as counterfeits; neither Koenig & Bauer does warrant that the App may detect if another fraudulent scenario is persistent.
Section 6 Liability and indemnity
Section 6.1
Any liability of Koenig & Bauer for any damage, in particular compensation for consequential damage caused by a defect, is excluded, irrespective of when such damage occurred or occurs or on what legal grounds it is based. In this regard, Koenig & Bauer shall not be liable – to the extent permitted by law – for any loss or damage that may be caused to hardware or software due to the use of or access to the App or due to links to other websites. The exclusion of liability shall apply in particular to the quality, current validity, accuracy, completeness and availability of the content and functions provided by the App.
The above exclusion of liability shall not apply
- in the event of intent or gross negligence,
- in the event of culpable injury to life, limb or health,
- in the event of defects that have been fraudulently concealed by Koenig & Bauer,
- if it falls within the scope of a guarantee promise,
- in the event of liability under the Product Liabilty Act, insofar as Koenig & Bauer is liable for bodily injury or property damage for privately used items.
In the event of a proven culpable breach of material contractual obligations (i.e. obligations which characterise the Terms and upon which the customer can reasonably rely) Koenig & Bauer shall also be liable in the case of slight negligence (einfache Fahrlässigkeit), however, only to an extent limited damages typically and reasonably foreseeable for this kind of Terms.
Any exclusion or limitation of liability in favour of Koenig & Bauer shall also apply to the employees, representatives and vicarious agents of Koenig & Bauer as well as to its affiliated companies within the meaning of Section 15 of the German Stock Corporation Act (AktG).
Section 6.2
The user indemnifies Koenig & Bauer against any and all claims by third parties – which shall include the legal fees and court costs arising from the defence of such claims – asserted against Koenig & Bauer on the grounds of any acts by the user in breach of the law or of this Terms.
Section 7 Data protection
Koenig & Bauer shall at all times comply with the requirements of the applicable data protection law, in particular the GDPR. The user grants Koenig & Bauer an ordinary, non-transferable, sublicensable right, unrestricted in terms of geographical area and content, which shall remain in force even after the termination of these Terms, to use the content and the data collected on an anonymous basis insofar as necessary. Koenig & Bauer shall not be liable for the content or data.
Personal data shall not be processed. The general privacy policy can be found here: (https://www.koenig-bauer.com/en/privacy-policy/)
Section 8 External links
The App may contain links to websites of third parties. These links grant the user access to information that may be useful or interesting to him or her. If the user reaches external websites via these links in the App, the responsibility for the content thereof shall be borne by the providers of these websites. Koenig & Bauer does not adopt the content of these sites as its own. Koenig & Bauer shallnot be liable for or provide any warranty in respect of the content of the linked sites.
Section 9 Intellectual property
The content of this App is protected by copyright. Koenig & Bauer shall remain the owner ofall proprietary rights, including copyrights, patents, trademarks and all other intellectual property rights and technical solutions related to the App. The user acknowledges that the rights granted under these Terms shall not grant the user any ownership rights to the App. All rights to the content and data made available to Koenig & Bauer by the user shall remain with the user to the extent granted in section 7. Koenig & Bauer shall take reasonable steps to ensure that the App’s security meets the customary industry standards. Koenig & Bauer shall be entitled to introduce new versions and updates of the App, in particular to make changes to the design, operational procedure, technical specifications, systems and other functions of the App, at any time and without prior notice.
Section 10 Termination
If the user breaches the Terms or if the user’s conduct infringes the law, the rights of third parties or public morality, the user’s rights of use pursuant to Section 2 shall automatically terminate and Koenig & Bauer shall be entitled to prevent the user from accessing the App temporarily or permanently.
Any unlawful use, in particular, the reproduction, distribution or publication for commercial purposes, will be prosecuted by Koenig & Bauer to the full extent of the civil and/or criminal law.
Section 11 Final provisions of the terms of use and licence terms
Section 11.1
Should any provision of these Terms be or become invalid or contain a loophole, the legal validity of the remaining provisions shall remain unaffected. Instead of the missing or invalid provision, a provision shall be deemed to have been agreed upon that comes as close as possible to the originally intended economic purpose. All amendments and supplements to these Terms must be in writing. This shall also apply to any amendment of this written form requirement.
Section 11.2
All disputes arising out of or in connection with the use of the App in accordance with these Terms shall be governed by the laws of the Federal Republic of Germany, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
If the user is a consumer, any further rights granted to consumers under the laws of the country in which the consumer permanently resides shall remain unaffected.
If the user is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law and
a) it has its registered office within the European Union at the time of the initiation ofproceedings, it is hereby agreed that the registered office of Koenig & Bauer shall be the exclusive place of jurisdiction for all disputes arising out or in connection with these Terms.Notwithstanding this, Koenig & Bauer shall also be entitled to institute proceedings in the court having jurisdiction over the registered office of the user.
b) it has its registered office outside the European Union at the time of the initiation of proceedings, all disputes arising out or in connection with these Terms shall be finallyndetermined in accordance with the Rules of Arbitration of the German Institution of Arbitration (DIS) to the exclusion of the ordinary legal recourse.
The arbitral tribunal shall consist of a sole arbitrator if the amount in dispute does not exceed EUR 200,000 or of three arbitrators if the amount in dispute exceeds EUR 200,000. Theplace of arbitration shall be Würzburg. The language of the proceedings shall be German.
English
