Status: November 2019
Downloading the software (as defined in section 1.1. below) or activating the license for the additional modules (as defined below), with the exception of the MxMC Advanced Service License, unless otherwise expressly referred to in the terms of use, constitutes the conclusion of a license agreement in accordance with these terms of use, the third-party software terms and conditions and the General Terms and Conditions of MOBOTIX AG ("MOBOTIX") (collectively, the "Terms of Use"). These Terms of Use shall also apply if a third party downloads or installs the software for a user on the user's storage medium or allows it to run on the user's computer, camera or other MOBOTIX device, provided the end user has granted the third party access to his storage medium, computer, camera or other MOBOTIX device.
1. description of use
1.1) The subject matter of these Terms of Use is the current version of the software provided or downloadable by MOBOTIX ("Software") that is part of these Terms of Use.
1.2) In addition, these Terms of Use include the following additional modules for the respective software version per software instance, which may be purchased separately and activated by technical licenses/codes (each an "additional module"). These include the MOBOTIX Certified Apps (see www.mobotix.com) and the following additional modules for MxManagementCenter:
a) MxMC POS License or Smart Data License for using the Smart Data View (Smart Data Search), Smart Data Bar (Smart Data Bar), and access to the corresponding settings (Preferences) in MxManagementCenter from version 1.7 in order to display the data provided by exactly one Smart Data source from a corresponding MOBOTIX camera together with its recordings in a MxManagementCenter instance, if this function is supported by the MOBOTIX camera and the Smart Data source. MxMC POS 1.7 and Smart Data can be used with MxManagementCenter Version 1.7 and higher and can be used in all 2.x versions.
b) MxMC Advanced Config License for using the extended camera configuration in an MxManagementCenter instance from version 2.0 to configure a single MOBOTIX IoT camera or a camera group with up to 80 MOBOTIX IoT cameras, provided that the cameras support the functions of the extended camera configuration. Without the MxMC Advanced Config License add-on module, only the basic settings are available in the camera configuration.
c) MxMC Integration Starter License for the use of an ONVIF S camera channel including the cross-camera use of the H.264 video and the AAC audio codec for streaming, playback and export and the MKV and MP4 container format in an MxManagementCenter instance from version 2.0, as well as access to the corresponding settings and insofar as the ONVIF S camera is supported by MxManagementCenter. A compatible MOBOTIX recording device is required to record and play back the ONVIF S camera channel. MOBOTIX will be happy to provide further information on request.
d) MxMC Integration Channel License for the use of an additional ONVIF S camera channel in the MJPEG codec, as well as access to the corresponding settings in an MxManagementCenter instance from version 2.0, provided that the ONVIF S camera is supported by MxManagementCenter. A compatible MOBOTIX recording device is required to record and play back the ONVIF S camera channel. The use of the H.264 video and AAC audio codec for streaming, playback and export as well as the MKV and MP4 container formats in MxManagementCenter also requires the additional module MxMC Integration Starter License in the same MxManagementCenter instance. Alternatively, the MxMC Integration Channel License can be used for live streaming of an additional camera channel in the "AXIS PTZ" protocol (MJPEC codec), provided the camera is supported by MxManagementCenter.
1.3) These Terms of Use also include demo licenses for individual add-on modules and MOBOTIX Certified Apps. These demo or trial licenses only entitle the user to use the additional modules for a limited period of 30 days after activation, exclusively for test and demonstration purposes. There is no claim to the provision of demo licenses by MOBOTIX. Demo licenses may only be used for a defined period of time and may not be used for commercial purposes.
1.4) The user shall strictly observe the type and version assignment of software, additional module, camera and other devices.
1.5) Each add-on module is only valid from a specific version of MxManagementCenter or the Software and does not include major version upgrades (i.e. upgrade from MxManagementCenter 2.x to MxManagementCenter 3.x or subsequent versions). In general, MOBOTIX is not obligated to provide version updates, to maintain functionality, for software provided free of charge, or outside the warranty period for additional modules that are subject to a charge. MOBOTIX is also not obliged to provide upgrades to improve or extend the functionality. Updates and minor version upgrades within a major version such as MxManagementCenter 2.x are provided free of charge from time to time without any legal obligation on the part of MOBOTIX, but no version upgrades from a major version to higher major versions such as from 2.x to 3.x or subsequent versions are provided. Version upgrades for MxMC add-on modules under a MxMC Advanced Service License are excluded.
2. Rights of use to the software and installation/maintenance
2.1) The software and the additional modules contain copyrighted works and other intellectual property rights of MOBOTIX as well as the rights owners of the third-party software according to section 3. Unless expressly granted, MOBOTIX and the rights owners of the third-party software according to section 3 all intellectual property rights in the respective software and other objects of protection, including logos, trademarks, company names and graphics.
2.2) MOBOTIX grants the user a simple, revocable, non-transferable or sub-licensable right of use to the software or the respective add-on module, limited to the use of the respective MOBOTIX product. In particular, it is not permitted to modify, distribute, publicly reproduce, sell or lease the software and additional modules. The statutory provisions of §§ 69d, 69e UrhG remain unaffected by this.
2.3) Furthermore, the user is only entitled to the right to use the software and the additional modules if he is the current and legal owner, owner or administrator of a corresponding MOBOTIX product.
2.4) The customer installs the software himself. The provider owes consulting services only if this is expressly and separately agreed. Any consulting services to be provided shall be remunerated separately by the customer at reasonable and customary market conditions. Adjustments or changes to the software as well as the creation of interfaces to third-party programs by the Provider shall only be owed insofar as these are necessary for the maintenance or repair of the leased object or to ensure use in accordance with the contract. Otherwise, the provider shall only be obliged to make adjustments or changes if this is expressly agreed; if necessary, the customer shall pay for corresponding services separately at reasonable and customary market conditions.
3. third-party software
3.1) The software or additional modules may contain software components which are licensed by the rights holders as Free Software or Open Source Software ("FOSS") according to the respective license terms. In addition, the license terms of the respective provider of the plug-ins which are described. The sales partner expressly acknowledges the validity of these third-party license provisions and undertakes to inform the end customer of their content and to regulate their validity in a binding manner vis-à-vis the end customer.
3.2) The copyright notices and license texts of FOSS are attached to the respective software and/or additional modules.
3.3) With respect to this FOSS, MOBOTIX is prepared for three (3) years from the date of receipt of the programs (or a processor-controlled MOBOTIX product) to make the executable programs and the source code according to the FOSS licenses available to the User upon request from MOBOTIX AG, Kaiserstrasse, 67722 Langmeil, Germany. Processing can only take place if the user enters the serial number of his MOBOTIX product.
4. data protection
4.1) When using the MOBOTIX product, MOBOTIX does not collect, process or store any personal data. Please note that the use of MOBOTIX products may result in the collection of personal data locally under the responsibility of the end customer (see Section 7.4).
4.2) This does not apply to the data of a user about the respective computer, camera, MOBOTIX product or operating system, which was made during license administration and which is necessary for licensing and contract fulfillment, if the software is installed or used on the computer, camera, MOBOTIX product or operating system. This data is collected either by MOBOTIX or a MOBOTIX partner and processed in accordance with the MOBOTIX license portal's privacy policy, which can be viewed here.
4.3) The MxManagementCenters program collects data as of version 1.7 when activating or deactivating a license, Update and license management of additional modules non-personal data, such as the operating system used or the number of cameras used. This technical data is used by MOBOTIX exclusively to improve MOBOTIX products and the services provided by MOBOTIX.
4.4) In order to ensure the best possible cyber security, stability and reliability of its MOBOTIX software and systems, MxManagementCenter regularly checks the MOBOTIX homepage for new version updates and offers the user the option to install them automatically if necessary. This update function does not send any personal data to MOBOTIX and can be deactivated at any time in the MxManagementCenter settings.
5. Warranty and liability for software provided free of charge
5.1) MOBOTIX provides the software in the current version and is not obliged to keep the software provided free of charge up to date, to maintain it, to maintain it or to make newer program versions ("Updates") available.
5.2) If software and/or updates from MOBOTIX are made available free of charge, MOBOTIX shall not be liable or liable for the new programs and their installability. MOBOTIX does not assume any warranty or liability for any damages, consequential damages, failures or loss of data that may result from the software and/or an update. This exclusion of liability and warranty does not apply to malicious, intentional or grossly negligent actions of MOBOTIX or its representatives and vicarious agents.
5.3) MOBOTIX is not aware that, subject to Section 3 copyrights, patents or other industrial property rights or intellectual property rights of third parties exist in the software, either at home or abroad. With the exception of intentional or grossly negligent actions, MOBOTIX does not assume any warranty or liability that the software does not infringe the rights of third parties. If claims are asserted against the user due to the violation of third-party rights due to the use of the software, MOBOTIX shall not be liable for compensation or damages.
6. License fees, warranty and liability for the paid additional modules
6.1) The specific structure of the license fee (one-time license fee or current license fee) and the period of use, as well as the number of licenses granted, are set forth in MOBOTIX's order confirmation.
MOBOTIX warrants the agreed quality of the additional modules and that the user can use the additional modules without violating the rights of third parties. This does not apply to defects that are based on inadmissible changes and modifications of the user to the additional modules.
6.2) MOBOTIX is not obliged to provide newer program versions of the additional modules or to provide current licenses beyond the current contractually agreed period.
6.3) If the user is an entrepreneur, he must inspect the additional modules for obvious defects immediately upon receipt and inform MOBOTIX of these immediately if they are present, otherwise a warranty for these defects is excluded. The same shall apply if such a defect becomes apparent later. § Section 377 HGB applies.
6.4) If the user is an entrepreneur, MOBOTIX is initially obligated to repair or replace the goods in the event of a material defect. Within the scope of the replacement delivery, the user will, if necessary, adopt a new version of the additional modules, unless this leads to unreasonable impairments. In the event of defects in title, MOBOTIX shall, at its own discretion, provide the user with a legally flawless opportunity to use the additional modules or modify them in such a way that no rights of third parties are infringed. MOBOTIX also fulfills its obligation to rectify defects by providing updates with an automatic installation routine for download. The user's right to reduce the purchase price or withdraw from the contract at his discretion in the event of two failures of the repair or replacement delivery remains unaffected. A right of withdrawal does not exist in the case of insignificant defects.
6.5) If the user is a consumer, the statutory warranty regulations shall apply without limitation.
6.6) With the exception of claims for damages, warranty claims based on material defects shall expire in two (2) years or in one (1) year if no consumer is involved in the transaction. The limitation period begins with the delivery of the activation code to the end customer.
6.7) MOBOTIX shall have unlimited liability in the event of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of the Product Liability Act and to the extent of a guarantee assumed. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), MOBOTIX's liability is limited in amount to the damage that is foreseeable and typical for the type of transaction in question. MOBOTIX accepts no further liability. To the extent permitted by law, liability for consequential damages, lost profits or indirect damages is excluded. The above limitation of liability also applies to the personal liability of MOBOTIX employees, representatives and organs.
7. Information on the use of the subject matter of the contract
When using the subject matter of the contract, the user shall comply with all applicable laws, including the data protection laws, the copyright law and other laws relating to intellectual property rights and other rights of third parties. Below you will find information on some of these laws which the user must observe.
7.1) Right to one's own image
According to the Art Copyright Act, pictures may only be published without the consent of the persons concerned if, among other things, the persons only appear as accessories next to a landscape or other localities. The answer to the question of whether a person is merely an accessory depends on the circumstances of the individual case.
7.2) Protection of privacy
The privacy of others may not be violated by the images shown. Therefore, the camera must not be directed into the garden or onto the entrance door of other apartments, even if these places are visible. Such recordings may not be published. A personal determinability of persons (e.g. also via a personal identification number) is to be avoided. Monitoring at the workplace is subject to special legal provisions.
7.3) reference obligation
If personal identification of persons cannot be ruled out, a reference to the surveillance camera must be clearly visible on all access routes to the recording area. A passer-by must also be informed that by entering the reception area he gives his consent to take the pictures and that if he refuses his consent he can avoid taking the pictures by not entering the area. The voluntary nature of the declaration must be taken into account here.
7.4) Use of the Smart Data Module
MOBOTIX offers the option of loading Smart Data directly from a Smart Data source into a connected camera and saving it in conjunction with a recorded image. When using the Smart Data Module in the MxManagementCenter (MxMC), the respective user has the option of filtering this data in the MxMC according to various criteria and displaying the data records found together with the associated images. Through the connection with linked camera images, a reference to individual persons is usually given and therefore the user must observe the requirements of the regionally applicable data protection regulations such as the EU Basic Data Protection Regulation (EU DS-GVO), the Federal Data Protection Act (BDSG) or other relevant directives or ordinances. The MxMC does not automatically evaluate, store or transmit Smart Data.
8. revocation
If the user violates any of the above provisions or statutory provisions, all rights of use granted within the scope of these Terms of Use shall immediately revert to MOBOTIX. In this case, the user must cease using the software and/or additional modules immediately and completely.
9. Validity of the General Terms and Conditions of Business
In addition, the General Terms and Conditions of MOBOTIX apply, which can be viewed here. In the event of contradictions and/or overlaps, the provisions of these Terms of Use shall prevail.
10. Amendments and supplements to these Terms of Use
10.1) MOBOTIX reserves the right to change these Terms of Use at any time and without giving reasons. MOBOTIX will inform the user of changes and additions in text form on the homepage (www.mobotix.com) or when the new software version is launched. The amended Terms of Use shall be deemed accepted if the User does not object to the validity of the new Terms of Use within one (1) month after receipt of the notification.
10.2) If the user objects to the validity of the new terms of use within the aforementioned period, the license granted to the user to use the software and/or the additional modules expires.
11. Applicable law, place of jurisdiction
11.1) The legal relationship between the user and MOBOTIX is subject exclusively to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
11.2) To the extent permitted by law, Kaiserslautern shall be agreed as the exclusive place of jurisdiction for all disputes. If the contractual partner is a consumer, the place of jurisdiction shall be determined in accordance with the statutory provisions.
12. Severability clause
If a part or parts of the terms of use are invalid for any reason whatsoever, this shall not affect the validity of the remaining parts of these terms and conditions.
13. Technical support and other regulations
13.1) The installation, commissioning and maintenance of the software and additional modules must be carried out by a trained MOBOTIX partner who also provided the software and additional modules. He is also the contact person for the user in case of technical problems or questions. In the event that the trained MOBOTIX partner and distributor need support for technical problems, they can contact MOBOTIX Technical Support directly if they have purchased the software or add-on module directly from MOBOTIX. MOBOTIX is not obliged to offer this technical support in the future after the warranty period has expired.
13.2) The Software is made available in various languages, including German and/or English. All documentation, especially help texts, are not in the official language of the country.
13.3) In addition to support from the MOBOTIX partner, users and end customers can purchase a MxMC Advanced Service License for their MxManagementCenter project directly from MOBOTIX. This license allows them and their MOBOTIX partner to contact MOBOTIX Support directly and receive a higher-priority response. Your MOBOTIX partner will be happy to provide you with further information on the MxMC Advanced Service License and the related supplementary terms of use.
