This End-User License Agreement ("EULA") is a legal agreement between you and LOYTEC electronics GmbH (“LOYTEC”).
This EULA agreement governs your acquisition and use of our Unitary and Terminal Control Application software ("Application") directly from LOYTEC or indirectly through a LOYTEC authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Unitary and Terminal Control Application software. It provides a license to use the Unitary and Terminal Control Application software and contains warranty information and liability disclaimers.
By clicking "accept" or installing and/or using the Unitary and Terminal Control Application software, you are confirming your acceptance of the Applcation and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Application, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Application supplied by LOYTEC herewith regardless of whether other Application is referred to or described herein. The terms also apply to any LOYTEC updates, supplements, Internet-based services, and support services for the Application, unless other terms accompany those items on delivery. If so, those terms apply.
Privacy
We will save signing date, name, company name, E-Mail and office address of the user entering this legal agreement.
We will keep records of downloads of the products under this agreement.
This data will be stored and processed for the following reasons (Article 6 (1b) GDPR):
- Notifications on changes to the legal state of this agreement
- Notifications on product updates
- Providing technical support
For questions, modifications or deletion requests, please contact us: This email address is being protected from spambots. You need JavaScript enabled to view it.
License Grant
LOYTEC hereby grants you a personal, non-transferable, non-exclusive license to use the Unitary and Terminal Control Application software on dedicated LOYTEC devices in accordance with the terms of this EULA agreement.
You are permitted to load the Unitary and Terminal Control Application software on an appropriate LOYTEC device. You are responsible for ensuring your LOYTEC device meets the minimum requirements of the Unitary and Terminal Control Application software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software on any non LOYTEC device
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that LOYTEC considers is a breach of this EULA agreement
Intellectual Property and Ownership
LOYTEC shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of LOYTEC.
LOYTEC reserves the right to grant licenses to use the Software to third parties.
Disclaimer of Warranties
YOU ACKNOWLADGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. LOYTEC AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SOFTWARE AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, LOYTEC AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY SECURE OR ERROR-FREE; (III) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LOYTEC OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT LOYTEC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOYTEC’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF EUR 50. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Termination
This EULA agreement is effective from the date you first use the Application and shall continue until terminated. You may terminate it at any time upon written notice to LOYTEC.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Application. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Austria, Europe.
Last updated: December 2020