End-User Licence Agreement for Hilti Application Software

 

Hilti Aktiengesellschaft | Feldkircherstrasse 100 | 9494 Schaan | Liechtenstein

 

 

 1           Free Download and Free Use; Prerequisites for Use

1.1               Hilti Aktiengesellschaft ("Hilti") will make the application software described in detail on the product page of Hilti's website plus the related user documentation ("Software") available to you free of charge for downloading on Hilti's website for the relevant country ("Hilti Website").   Hilti will not have any delivery obligation over and beyond that; in particular, Hilti will not give you the source code.  Hilti will provide updates of the Software and the auto update function of the software via the Hilti Website, if applicable.  When a new version of the software is released, all previous versions will lose their validity.  

1.2               You may use the software free of charge.  A prerequisite for downloading the software is cost-free registration on the Hilti Website (country list under http://www.hilti.com).  

1.3               You are responsible for compliance with system requirements (particularly hardware and operating system) that are described in detail on the relevant product page of the Hilti Website.

 2           Utilization Rights and Restrictions on Use

2.1               Hilti grants you a permanent, non-exclusive and non-sublicensable Licence limited in geographical terms to the country in which your company is domiciled to use the Software including any updates.  This right includes installing the Software and loading, displaying and running the installed Software, as well as storing the Software in the random access memory of the computer on which the Software is installed.  Hilti does not grant you any rights in the Software over and beyond this.   

2.2               You are not entitled to use the Software or any parts of it beyond the use permitted under this Licence Agreement or to make it available to third parties.  In particular, you are not permitted to resell the Software commercially, to provide it for rent, to make it publicly accessible or to circulate it otherwise.

2.3               You are entitled to reproduce, process or decompile the Software only if this is necessary to make the Software interoperable with other programs and to the extent the information necessary for this is not provided by Hilti at your request.

2.4               In addition, you may reproduce and/or re-engineer the software in exceptional cases if this is necessary to remedy an error.  If a defect is concerned, you are entitled to re-engineer the Software only if Hilti defaults on remedying the defect, refuses to remedy the defect without justification or is unable to remedy the defect for other reasons attributable to its sphere of responsibility.

2.5               The information gained in the course of actions as described above in 2.3 and 2.4 may not be used for purposes other than to achieve interoperability or to re-engineer the Software.  In particular, such information may not be passed on to third parties.

2.6               Software identification, particularly copyright notices, trademarks, serial numbers or the like, may not be removed, changed or rendered illegible.

 3           Third-Party Software and Open-Source Software

To the extent software for which Hilti holds only a derived right of use (third-party software) is provided with the Software, the conditions of use agreed upon between Hilti and its licensor apply in addition to and taking precedence over the provisions of this Licence Agreement.  If and to the extent you are provided with open-source software, the conditions governing the use of the open-source software will apply in addition to and taking precedence over this Licence Agreement.  Hilti will give you the source code at your request if the relevant conditions of use for the third-party software or the open-source software permit a disclosure of the source code.  Hilti will notify you of the existence and the conditions of use for the provided third-party software and open-source software and make the conditions of use accessible at your request.  You warrant that you will comply with these conditions of use.  In the event of a violation of these conditions of use by you, Hilti and also its licensor will be entitled to assert claims and rights arising from such violation on their own behalf.  If third parties assert claims against Hilti as a result of a violation of the conditions of use by you, you will indemnify Hilti and hold Hilti harmless in full from any and all damage, expenses and costs, including reasonable lawyer’s fees.

 4           Remarks; Your Cooperation Duties

4.1               Any and all information and data contained in the Software concern solely the use of Hilti products and are based on the principles, formulas and security regulations in accordance with Hilti's technical directions and operating, mounting and assembly instructions, etc., that must be strictly complied with by the user.  All figures contained therein are average figures, and therefore use-specific tests are to be conducted prior to using the relevant Hilti product.  The results of the calculations carried out by means of the Software are based essentially on the data you put in.  Therefore, you bear the sole responsibility for the absence of errors, the completeness and the relevance of the data to be put in by you.  Moreover, you bear sole responsibility for having the results of the calculation checked and cleared by an expert, particularly with regard to compliance with applicable norms and permits, prior to using them for your specific facility.  The Software serves only as an aid to interpret norms and permits without any guarantee as to the absence of errors, the correctness and the relevance of the results or suitability for a specific application.

4.2               You must take all necessary and reasonable steps to prevent or limit damage caused by the Software.  In particular, you must arrange for the regular backup of programs and data and, if applicable, carry out the updates of the Software offered by Hilti on a regular basis.  If you do not use the AutoUpdate function of the Software, you must ensure that you are using the current and thus up-to-date version of the Software in each case by carrying out manual updates via the Hilti Website.  Hilti will not be liable for consequences, such as the recovery of lost or damaged data or programs, arising from a culpable breach of duty by you.

 5           LIMITATION OF LIABILITY

5.1               YOU will accept the SOFTWARE and the relevant documentation on an “as is” basis.  HILTI does not provide a WARRANTY OF ANY KIND, ANY SPECIAL, INCIDENTAL, EXPLICIT OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.  YOU ASSUME THE ENTIRE RISK AS TO THE ACCURACY AND THE USE OF THE SOFTWARE.  SUBJECT TO SECTION 5.2 BELOW HILTI SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF HILTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

5.2               Nothing in this Licence Agreement shall limit or exclude either party's liability for death or personal injury caused by its negligence or for fraudulent misrepresentation or for any other liability which by law cannot be excluded.

 6           Applicability of Standard Terms and Conditions; Choice of Law, Jurisdiction and Venue; Written Form

6.1               Unless otherwise stipulated in this Licence Agreement, the currently applicable version of the Standard Terms and Conditions of the national Hilti company responsible for your domicile (downloadable via the relevant Hilti Website) shall also apply.

6.2               This Licence Agreement shall be governed by and construed in accordance with the laws of the place of business of the national Hilti company responsible for you, excluding the United Nations Convention on Contracts for the International Sale of Goods.  Exclusive jurisdiction and venue for all disputes arising in connection with this Agreement and concerning its validity shall be the registered place of business of the national Hilti company responsible for you.  Hilti may also bring an action against you at your general place of jurisdiction, however.

6.3               Amendments and additions to this Licence Agreement, including amendments to this written form clause, must be in writing to be valid.

 7           Data Privacy Protection within the Framework of the Software

Hilti wishes to constantly improve the Software.  For this reason, Hilti collects statistical data concerning your use of hardware and software for the use of the Software at every start or update of the Software.  The collected data are solely statistical and thus anonymous data. 

The following information is transmitted to Hilti:

·        Unique PC & User identifier

·        Domain (hash value)  

·        Tracking type  

·        Country           

·        Application id Guid               

·        Old application version

·        New application version    

·        Installation directory  

·        Update done via AutoUpdate  

·        Operating system    

·        CPU & CPU Speed                 

·        Amount of RAM       

·        Graphics card             

·        Driver version