End User Licence Agreement – Configuration App ASD Service

Only expressly trained staff may be End Users of the ASD Service App for Schrack Seconet AG aspirating smoke detectors ("App"). The use of the App by private individuals or consumers is prohibited.

This is a contract between you ("End User") and Schrack Seconet AG ("Schrack Seconet") for the App.

All rights, titles and interests in the App, including all copyrights, patents, trademarks and trade secrets, remain with Schrack Seconet. The End User acknowledges that the App is protected by copyright laws and international copyright treaties. The App remains in the ownership of Schrack Seconet.

By accepting these regulations, Schrack Seconet grants you a non-transferable and non-exclusive licence, revocable at any time and limited to your own use of the App in accordance with these regulations. This licence allows the End User to install and use the App on one single device.

This licence contract regulates the conditions for the use of the App. The following regulations also apply to all updates and upgrades of the App, unless these are subject to a separate agreement. In the latter case, only the regulations applicable to the respective update and upgrade shall apply.

Range of functions

The end user acknowledges that the App only enables the retrieval of information and configuration of the ASD200x smoke aspiration system by qualified staff of the system operator via end devices (e.g. smartphones) on the basis of IP-related data transmission.

When using the App, strict compliance with the standards and guidelines applicable to the respective fire alarm system as well as any requirements must be ensured. If use of the App is/will be prohibited under these regulations, (further) use of the App must be discontinued.

Warranty and liability

Schrack Seconet excludes any warranty. No assurances are given regarding specific properties or the suitability of the software for the intended application.

Schrack Seconet cannot guarantee that the App can be used without interruption at all times and that the App is free of errors. However, as soon as Schrack Seconet becomes aware of an error, all efforts will be made to rectify it within a reasonable period of time on a best-effort basis. Temporary interruptions of operation are possible. Schrack Seconet does not assume any warranty for this.

Schrack Seconet also expressly excludes any liability. This exclusion of liability applies to damages arising from the use of the software as well as to all other contractual or possible non-contractual claims.

In particular, Schrack Seconet shall not be liable for breaches of secondary obligations, loss of profit, damages arising from third-party claims against the End User or other consequential damages. Consequential damages excluded from liability are, in particular, but not exclusively, fire damage and other damage due to non-detected fire (so-called non-triggering) as well as incorrect triggering of an alarm (so-called false alarms).

The aforementioned limitations of liability also apply in the same manner in favour of Schrack Seconet's employees, executives and executive bodies. Liability for vicarious agents pursuant to § 1313a of the Austrian Civil Code is excluded.

Restrictions of the licence

• The App and the written documentation may not be copied in whole or in part by the End User.
• The End User may not rent, lease, lend, sell, redistribute or sub-licence the software.
• The End User may not make any changes to the App or have changes made by third parties. The End User may not break down the App into its component parts, convert it into object code, decode it, imitate it or use it in any other way than intended by this licence agreement.

Further obligations of the End User

• Schrack Seconet can provide updates, upgrades or releases of the App. The End User is obliged to always use the latest version of the App.
• The End User is obliged to prevent misuse and unauthorised use of the App by third parties and to protect the App from unauthorised access.
• The End User is responsible for protecting the entered data.
• Export/sanctions compliance: The licensee represents that it is not located in a country that is subject to a U.S. Government embargo or that is classified as a “terrorist supporting country”, and that it is not on any U.S. Government list of prohibited or restricted parties.
• The End User shall inform Schrack Seconet immediately in writing if third parties assert industrial property rights (e.g. copyrights or patent rights) to the App and authorises Schrack Seconet to conduct all related disputes alone.
• The End User is prohibited from passing on the end devices that enable the use of the App to persons who are not appropriately qualified.
• The App may be used exclusively within the respectively defined geodata area.
• Alarms and faults will only be reset—also with the help of the App—after a personal, physical check of the respective system.

Partial invalidity and contract amendments

Should individual regulations of this licence agreement be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the rest of the licence agreement. The invalid or unenforceable regulation shall be replaced by a valid and enforceable regulation whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable regulation. The above regulations apply accordingly in the event that this licence agreement proves to be incomplete.

Duration and termination

This licence agreement is concluded for an indefinite period. The right of the parties to terminate the contract for good cause remains unaffected. Good cause shall be deemed to exist in particular if the rights of use granted under this licence agreement have been exceeded or rights and obligations under this agreement have been violated in any other way and a continuation of the licence agreement cannot reasonably be expected for other reasons.

In the event of termination of this licence agreement, the End User must immediately cease using the software and permanently delete the software and its copies.

Applicable law and place of jurisdiction

All disputes arising from the contract – including those concerning its existence or non-existence – shall be subject to the exclusive jurisdiction of the competent court at the headquarters of Schrack Seconet, in Vienna, in the district court of Innere Stadt. The contract is governed by Austrian law, excluding the rules on further reference. The application of the UNCITRAL United Nations Convention on Contracts for the International Sale of Goods is excluded.