Terms For Mobile Applications

TERMS FOR MOBILE APPLICATIONS

Any use of the LZR®-Widescan mobile application (the “App”) by you (“You”, the “User”) is subject to the following “Terms of Use” of B.E.A. Electronics (Beijing) Co., Ltd (“BEA”), A-B Area, 3rd Floor, No.1 Building, No.5 Xinghai Road, Beijing Economic Technological Development Area, 100176 Beijing, China.

1. General

1.1 The App is provided to You solely for the purposes laid down in clause 4 hereof. The App is provided to You free of charge.

1.2 You can download the App from the Google Play app store, or from the iTunes app store (or from any other official app store that the App has been made available on by BEA from time to time).

1.3 Unless expressly agreed otherwise in writing, Your use of the App is governed by these Terms of Use exclusively. Please be aware that the operators of the Google Play app store or the iTunes app store (or any other official app store) have their own terms of use, which may apply to Your relation to these operators but not to Your relation to BEA in connection with the use of the App.

2. Contract formation, parties

2.1 An individual contract between Yourself and BEA for the use of the App, which is subject to these Terms of Use, is formed when You register for the use of the App (c.f. Section 5 hereof) and thereby accept these Terms of Use (“User Contract”).

2.2 In case You are acting on behalf of your employer (if You work as an employee), or your principal (if You work on a freelance-basis) or any third party (any of the fore-going, the “Represented Party”), the User Contract is concluded between the rele-vant Represented Party and BEA. In such case all restrictions, obligations and duties arising from these Terms of Use shall apply mutatis mutandis to the relationship be-tween the relevant Represented Party and BEA. By entering into a User Contract on behalf of a Represented Party, You confirm that You are duly authorized by the Rep-resented Party to enter into this User Contract on its behalf.

3. Changes to the App or to the Terms of Use

3.1 Any changes to the App will be made at BEA’s own free discretion by releasing a new version of the App.

3.2 BEA reserves the right to amend or supplement these General Terms of Use at any time (“Changes to the Terms of Use”). Any Changes to the Terms of Use will be announced to You with a notice period of at least 14 (fourteen) calendar days by an in-App notification including information on the date the Changes to the Terms of Use will become effective (“Effective Date”). At the Effective Date, the existing Us-er Contract is deemed to be terminated. In order to be able to continue to use the App after the Effective Date it is therefore necessary for You to agree to the new Terms of Use as modified by the Changes to the Terms of Use. BEA will ask You for Your agreement by an in-app notification.

4. Permitted uses and scope of Services

4.1 The App is provided to You for the installation and configuration of BEA’s LZR®-WIDESCAN sensors, or any other trade name or brand under which You or the Re-presented Party may market these sensors, (the “Systems”) via Bluetooth (together the “Services”) only. You are not allowed to use the App for any other purposes.

4.2 The App is provided free of charge for your convenience as a complementary alter-native to the offline installation/configuration of the Systems via physical buttons or infrared remote control. Therefore, there is no entitlement to the provision of the App and/or the Services, nor to their uninterrupted availability or to a specific re-sponse time behaviour of the App and/or Services. Albeit BEA uses commercially reasonable efforts to provide a convenient user experience, there is no guarantee or warranty by BEA that access to or use of the Services provided in the App will not be interrupted or impaired by maintenance work, further developments or other disruptions, particularly necessary for security reasons.

4.3 The App is provided “AS IS” free of charge and BEA therefore makes no representa-tions and gives no warranties that the App has particular functions or that existing functions will continue to be provided in the future. Furthermore, BEA reserves the right to change and/or to modify and/or to entirely discontinue the structure, func-tionality and design of the App at any time. BEA will inform the User of any changes to the App by means of a release note in the App reasonably in advance.

4.4 While the information provided via the App is accurate and correct to the best of BEA’s knowledge, it may nevertheless contain errors and inaccuracies. That applies particularly to information on the Systems displayed in the App. Therefore, the in-formation provided via the App is provided “AS IS” and BEA makes no representa-tions and gives no warranties as to its correctness or completeness. BEA therefore accepts no liability for any errors or omissions in the information provided via the App or for any consequences arising from the use of the information provided via the App. Arrangements contrary to or inconsistent with this exclusion of liability are valid only if they are expressly agreed in writing between BEA and You or if BEA demonstrates a manifest intention to vouch for the correctness of the information.

4.5 There is no right to software maintenance and no right to support for the App.

5. Registration

5.1 The Services provided in the App are available for registered users only. Registra-tion shall be made exclusively via the registration form displayed in the App.

5.2 Registration is reserved for users who are at least eighteen years of age and (i) in case of a registration for Your own business purposes: who qualifies as ‘profession-al’, i.e. who acts in the exercise of his or her trade or profession, or (ii) in case of acting on behalf of a Represented Party: who acts on behalf of a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in the exercise of his or its trade or profession. Accordingly, You confirm with Your registration that you are professional Yourself or that you are acting on behalf of a Represented Party which qualifies as professional.

5.3 Each User may only register once. The user account is not transferable and may on-ly be used by the person who has actually registered. In any case, if Your access au-thorisation has been permanently blocked by BEA, You are prohibited from (re-) registration.

5.4 Your credentials, particularly Your password, shall not be made accessible by You to third parties (except the Represented Party on whose behalf You initially registered). It is Your sole responsibility to ensure that Your credentials are not used by such third parties. If You have reason to assume that a third party – except the Repre-sented Party – has gained or will gain knowledge of Your credentials, You shall in-form BEA immediately hereof. You are fully responsible for any use of the App that is carried out by using Your credentials. Thus, You shall be liable for any damage caused by unauthorised use of Your credentials by third parties, unless You are not responsible for the unauthorised use of Your credentials, whereby You are responsi-ble for intent and negligence.

5.5 The data requested in connection with the registration process must be entered completely and correctly. In particular, it is inadmissible to provide a false identity or any other false information. If the data provided during the registration changes after registration, You are obliged to inform us about the changes by e-mail to [email protected] without undue delay.

5.6 With Your confirmation of Your registration You are accepting these Terms of Use, however, BEA is not obliged to accept Your registration and will decide at its own discretion whether to accept Your registration.

5.7 BEA may send any declarations and notices in connection with Your usage of the App, particularly related to the User Contract, with binding effect to the e-mail ad-dress provided by You for Your user account.

6. Misuse and suspension of use

6.1 The App may not be used for racist, discriminatory, pornographic or otherwise ille-gal purposes, particularly not for fraudulent activities, data espionage, phishing or for unauthorized access to the Systems.

6.2 BEA may temporarily restrict or block Your access to the App in whole or in part and/or suspend Your user account, if BEA has legitimate reason to assume that

– You are not using the App in accordance with the User Contract, particular-ly in compliance with these Terms of Use and/or

– You are not using the App in accordance with applicable law and/or

– Your usage of the App has a negative effect on the rights or legitimate in-terests of BEA or third parties so that immediate action is necessary to avoid damage.

BEA will restrict the blocking to the period of time necessary to avoid the damage and will notify You prior to any intended restriction or blocking of Your access to the App, if possible. In any case, BEA will notify You immediately after blocking, provid-ed You are a registered user.

In the event of a repeated or continued misuse of the App within the meaning of this clause 6.2 despite of a warning notice sent by BEA, BEA reserves the right to permanently block Your access and to permanently exclude You from the use of the App.

6.3 In the event of a temporary blocking, the access will be reactivated after the expira-tion of the blocking period or the final elimination of the reason for the blocking and You will be notified hereof by BEA via e-mail, provided You are a registered us-er. A permanently blocked access cannot be restored; the associated user account will be deleted. Any rights of termination shall remain unaffected by the aforemen-tioned provisions.

6.4 If Your access has been permanently blocked You may not use the App or re-register again.

7. Right to use

7.1 All copyright and other intellectual property rights in the software, the design and content of the App, and the Systems, are and will remain the sole property of or val-idly licensed to BEA, its affiliates and/or its subcontractors. Except for the rights ex-plicitly set out herein, You shall not obtain any intellectual property rights in the software, the design or content of the App, nor in the Systems.

7.2 Under the User Contract, BEA grants You a revocable, non-transferable, non-exclusive right to use the App. Your right of use includes the right to install the App on a mobile end device and the right to use the App in accordance with its desig-nated purpose pursuant to clause 4 hereof. The right to use the App is limited as fol-lowing:

7.2.1 You must not misuse the App within the meaning of clause 6.1 hereof.

7.2.2 Your right to reproduce the App is limited to installing the App on a mobile end de-vice (e.g. mobile telephone) in Your immediate possession for the purposes of the App’s intended use (clauses 1.1 and 4 hereof); to such reproduction as is necessary for loading, displaying, running, transmitting and storing the App; and to the crea-tion of a backup copy of the App by a person permitted to do so in accordance with the applicable laws.

7.2.3 Except for the rights granted to You under clause 7.2.2 above, You shall not repro-duce, copy, decompile or reverse engineer the App or any part thereof.

7.2.4 You are not permitted to lease, sublicense or otherwise make available the App to others. Nor are You permitted to communicate or make the App available to the public by wired or wireless means, or to make it available to third parties, whether free of charge or in return for payment.

8. Liability

8.1 Since BEA provides the App free of charge, BEA shall not be liable in any way what-soever towards You, towards a Represented Party, nor towards any third party re-garding or in connection with the App, the Systems or the User Contract, except in case of BEA’s wilfull intent or gross negligence.

8.2 The exclusions and limitations of liability in clause 8.1 do not apply if and to the ex-tent it would be unlawful to exclude BEA’s liability.

9. Termination

9.1 You may terminate the User Contract at any time with immediate effect.

9.2 BEA may terminate the User Contract at any time for any reason with a notice peri-od of 14 (fourteen) calendar days to the end of a calendar month. The rights in case of a misuse of the App pursuant to clause 6 shall remain unaffected by this clause 9.2.

9.3 If the User Contract is terminated by BEA, You may not re-register, unless otherwise explicitly agreed by BEA in text form.

9.4 The right of both parties to terminate the User Contract for cause shall remain un-affected.

10. Data Protection

10.1 BEA shall comply with all applicable data protection laws, and information about the processing of personal data related to You in connection with Your use of the App is available in the Data Privacy Policy section.

11.  Applicable Law and Venue

11.1 Any and all disputes between You (including any Represented Party) and BEA arising out of, in relation to or under the User Contract shall be exclusively submitted to the competent court at the location of BEA’s registered office at the Beijing Economic Technological Development Area (BDA).

11.2 The laws of the PRC shall apply to these Terms of Use and the User Contract be-tween You and BEA. The application of the United Nations Convention on Contracts for the International Sale of Goods (CSIG) as well as of the rules of the conflicts of laws is hereby expressly excluded.