I. General

1. The MEDIOLA software that is either installed or pre-installed on an AIO GATEWAY, a Matter Bridge, computer or as an app on a smartphone or tablet, any third-party software, documentation, user interfaces, content, fonts, extensions and any data belonging to this license (collectively "MEDIOLA software"), regardless of whether it is downloaded from an online platform or stored on a data medium, another storage medium or stored in another form is licensed to you by MEDIOLA for use within the scope of this license, not sold. MEDIOLA and/or MEDIOLA's licensors own and remain the owners of all industrial property rights including patent rights, copyrights and other rights to the MEDIOLA software and reserve all rights.
2. All trademarks as well as trade and domain names, logos and other intellectual property of MEDIOLA are the sole property of MEDIOLA. The license granted hereby does not give you any right to use it commercially and/or privately.
3. The provisions of this license also apply to any updates, upgrades and software updates provided by MEDIOLA (collectively “releases”) that replace and/or supplement the original MEDIOLA software product, unless such an update includes a separate license. In this case, the terms of this license apply.
4. The ownership and copyright of the content that is displayed or accessed via the MEDIOLA software belongs to the respective owners of this content. Such content may be protected by copyright or other intellectual property rights and treaties and may be subject to the terms of use of the third party providing the content. This license grants you no rights to use such content and makes no guarantee that such content will continue to be available to you.
5. MEDIOLA may, at its own discretion, provide future updates to the MEDIOLA software. The MEDIOLA releases, if available, may not contain all the software functions available in previous versions or new functions that MEDIOLA releases for newer or different operating systems and operating system versions.

II. Use Rights and Conditions

1. In accordance with the provisions of this license, the licensor hereby grants you the perpetual and revocable right to install and use a copy of the MEDIOLA software on an AIO GATEWAY, an Matter Bridge, computer, smartphone or tablet that you own or control subject. You are prohibited from making the MEDIOLA software available over a network in which it can be used on multiple computers at the same time. You are entitled to create a machine-readable copy of the MEDIOLA software for backup purposes. You are obliged to include the copyright and other protective rights notices that were contained on the original on every copy of the MEDIOLA software.
2. You agree that you will not and will not allow others to copy the MEDIOLA Software or any Services provided by the MEDIOLA Software or any portion thereof (except as expressly permitted under this License Agreement), decompile, reverse engineer, disassemble, read the source code, decrypt the source code, modify or create derivative works of the MEDIOLA Software or any service provided by the MEDIOLA Software or any portion thereof, except to the extent permitted by Section 69 e UrhG and/or the aforementioned restriction is prohibited by legal regulations or by license provisions (e.g. GNU General Public License "GPL") that regulate the use of open source components that may be contained in the MEDIOLA software, permitted. A rights overview of the components contained in the MEDIOLA software and, where relevant, the corresponding open source, is available at /contributors
3. You are not permitted to rent, lease, lend, sell, redistribute or sub-license the MEDIOLA software. However, you are entitled to make a one-off, permanent transfer of all your license rights to the MEDIOLA Software to a third party, provided that: (i) the transfer includes the entire MEDIOLA Software, including all components, printed materials and this License Agreement, (ii) You retain no copy of the MEDIOLA Software or any part of the MEDIOLA Software, (iii) the third party receiving the MEDIOLA Software accepts the terms of this License Agreement. All components of the MEDIOLA software are provided exclusively as part of a package and may not be separated from this package and transferred and/or distributed as stand-alone programs.
4. MEDIOLA may also make other software available to you, e.g. B. for advertising, evaluation, diagnosis or recovery purposes can be used separately and/or in connection with the MEDIOLA software. Any copy of this software may only be used for such purposes. Resale or transfer of this software is not permitted.

III. Storage and evaluation of data

1. The MEDIOLA software collects a variety of data to fulfill its intended use, storing this data as well as the configuration file locally on your smartphone or tablet and, depending on the application and configuration scenario, partially on the Matter Bridge located in your local network. MEDIOLA and MEDIOLA's contractors collect and store diagnostic data as well as technical, usage-related, and associated information, including unique system and hardware identifiers, information about the system software and software license used, and all device and communication parameters controlled by the MEDIOLA software. This information is primarily collected regularly to ensure the proper functionality of the MEDIOLA software, but also to provide and improve MEDIOLA products and services, enable the provision of software updates, product support, and other services (if available) to you, simplify and facilitate interactions with the MEDIOLA software, and verify compliance with the provisions of this license agreement. MEDIOLA is always entitled to use this information, provided that it is collected and stored for the purposes described above in a manner that does not allow any conclusions to be drawn about your identity.
2. MEDIOLA also offers the MEDIOLA software as trial and demo versions as well as free upgrades. In these versions, MEDIOLA reserves the right to display advertisements within the display area of the MEDIOLA software. These advertisements may also refer to further information and be linked to other websites. In this context, there may also be a collection and evaluation of the data stored in the MEDIOLA software or Matter Bridge to display interest-based advertising to you. The collection and evaluation of stored data include all settings made by you in the MEDIOLA software as well as all devices and device functions selected or learned by you (e.g., device categories, device types, and/or manufacturer names) that you have set for control with the MEDIOLA software. The evaluated data is stored in the MEDIOLA software, but evaluation information is sent to the MEDIOLA Connect server to retrieve interest-based advertising from there. MEDIOLA also uses this information to evaluate its activities with the MEDIOLA software and to provide any associated services if necessary. MEDIOLA is always entitled to use all information, provided that it is collected and stored for the purposes described above in a manner that does not allow any conclusions to be drawn about your identity.
3. The protection of your data is important to MEDIOLA and we always treat it in accordance with the MEDIOLA data protection guidelines and data protection regulations. We hereby expressly refer to the MEDIOLA data protection guidelines (available at www.mediola.com/datenschutzrichtlinien), which thus become part of this license agreement. By using the MEDIOLA software, you declare your consent to these provisions and in particular to the use of data described above. Do not use the MEDIOLA software if you do not agree to these provisions.

IV. MEDIOLA Cloud Servers and Services and Third-Party Materials

1. MEDIOLA also allows you to store and outsource the information stored locally by you and other data on the MEDIOLA cloud server and possibly also access to other cloud services and access to MEDIOLA and third-party websites (hereinafter jointly and individually referred to as the "Services"). The use of these services requires Internet access and requires identification using a unique combination of username and password, which you request or define yourself, and possibly setting up a MEDIOLA user account. This may imply your acceptance of additional terms of service and use. Use of the Services may also be subject to additional fees. In any case, the use of the services is subject to the following conditions and the MEDIOLA terms of use for cloud services (available at www.mediola.com/nutzungsbestimmungen-cloud-server), to which express reference is hereby made and these are therefore an integral part license agreement.
2. If you have registered for a Service and created your own username and password for identification, you are fully responsible for maintaining the confidentiality of your password and any account information you may have on file. In addition, you are fully responsible for all activities of any kind that occur through your account. You authorize MEDIOLA to assume that every user who uses services under your name and with your password is you or persons authorized by you. You declare that you will notify MEDIOLA immediately in the event of unauthorized use of your account or other security breaches. MEDIOLA accepts no responsibility for any loss you may incur as a result of others using your password or account, whether with or without your knowledge. If MEDIOLA or any other party incurs losses as a result of the use of your account or password by a third party, you may be held liable for this. You are not permitted at any time to use another user's account without their consent.
3. By using the MEDIOLA Software to access Services, you may be exposed to content that is offensive, vulgar or immoral. Because MEDIOLA may not have control over websites and information that may contain offensive, vulgar or immoral content, you agree to use these services at your own risk.
4. Certain Services may display, contain or make available content, data, information, programs or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using these services, you acknowledge and expressly agree that MEDIOLA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, integrity, quality or any other aspect of such third-party materials or websites responsible for. MEDIOLA, its employees, affiliates or subsidiaries do not grant or endorse and shall have no liability or responsibility to you or any third party for any third-party service, third party material or website, or any other third-party material, product or service. Third party materials and links to other websites are provided to you solely as a convenience.
5. To the extent that you upload content using the Services, you represent that you own all rights in such content or that you have permission or are otherwise authorized by law to upload such content. Furthermore, you undertake not to misuse these services, in particular not to use the services for the transmission of computer viruses or other malware programs. MEDIOLA assumes no liability whatsoever for any misuse of the services.
6. If you use or access any Services or Third-Party Materials, you do so on your own initiative and you are responsible for compliance with any applicable laws, including but not limited to applicable local, privacy and data collection laws. MEDIOLA and its licensors reserve the right to change, suspend, remove or disable access to any Services at any time without notice. Under no circumstances does MEDIOLA accept liability for the discontinuation of any services or the deactivation of access to such services. MEDIOLA is entitled to restrict the use of or access to certain services at any time and without prior notice and with the exclusion of liability.

V. Consent to collect, process and use personal data

1. If you have decided to use the MEDIOLA software in connection with services and have applied for a MEDIOLA user account or have been granted access to it, you also have MEDIOLA's consent to the collection, storage, processing, use and transmission of personal data within the meaning of Article 6 Paragraph 1 S. 1 lit. B. to provide the visualization of consumption data and operating states. This includes information such as B. name, address, e-mail address, telephone number and z. B. Consumption and device status data, even if these cannot be assigned to a specific person but have a personal reference due to the context in which they were collected. As soon as the MEDIOLA software or your AIO GATEWAY integrated in the local network or another server connects to the services, MEDIOLA records, among other things following data: All information that you gave us when registering to create the MEDIOLA user account, device list with device categories, device types and/or manufacturer names that you set for control with the MEDIOLA software, all devices used or taught in, device events (e.g e.g. error messages from devices, etc.), device actions (states and operation), device connections (automation rules, tasks, scenes and trades profiles, etc.), system events (e.g. system error messages), local user administration data ( access rights of different users, etc.), consumption values, system data of the mobile devices (operating system, software version and manufacturer) that communicate with the services, the combination of user name and password you have selected for logging into the MEDIOLA user account, a valid E -Mail address, serial number of your software license and the local MEDIOLA AIO GATEWAYS/server, in-app purchases made and licensed function modules (plug-ins), service and subscription ID (SUS) as well as other functional extensions of the MEDIOLA software.
2. The in point 5.1. The data listed is recorded in the MEDIOLA software, processed and transmitted to the MEDIOLA cloud or service server. There they are processed and stored. The processing and storage of this data serves, among other things, to display the status of your devices outside of your local network and to provide you with e.g. B. to provide an overview of all devices together with consumption data. This data is stored by a service provider as a server provider and made available in a processed form for display. In addition, we anonymize your data and use it to improve the products we offer and our marketing concepts. However, this use does not allow us to draw any conclusions about your person. Any further collection, storage, use, processing or transmission of personal data will only take place on the basis of your express, re-declared consent or within the framework of our statutory information obligations to authorized state institutions or on the basis of a court decision.
3. The use of the services is subject to the MEDIOLA terms of use for cloud servers and services (full terms available at www.mediola.com/nutzungsbestimmungen-cloud-server), as well as the MEDIOLA data protection guidelines (full terms available atwww.mediola.com/datenschutzrichtlinien). You can revoke your consent to the collection, storage, processing and use of your personal data at any time and free of charge with effect for the future. A revocation is possible via the settings of the MEDIOLA software by removing the check mark at the point where it says: "I agree to the personal storage and processing of my data".

VI. Duration

1. This license agreement is valid until terminated by termination or revocation. After termination, your rights under this license agreement will end automatically without notification from MEDIOLA or lose their validity if you violate one or more provisions of this license agreement. Upon termination of this license agreement, you are obliged to stop using the MEDIOLA software and to destroy all copies of the MEDIOLA software or parts thereof in your possession.

VII. Limitations of Liability

1. MEDIOLA products are not suitable for operating medical or health-related devices, nor as a replacement for alarm and hazard alert systems and require the use of a mobile device such as a smartphone or tablet with current Apple iOS or Android operating systems for proper and contractual use. Their use in medical applications or in areas directly related to personal safety is therefore excluded.
2. If you have configured automatic control sequences, generally check all of the processes, procedures and circuits configured by you or by third parties on your behalf and carry out a test sequence before you let the system run these sequences independently. Thermal devices such as B. heaters, stoves, coffee machines, kettles, irons, etc. should not be switched on unattended. The functional capability of the terminal devices to be controlled using the AIO GATEWAY may be limited by structural features at the place of use.
3. MEDIOLA is not liable for damage caused by using the MEDIOLA software on your computer, smartphone or tablet or in interaction with the AIO GATEWAY/server and services on the controlled devices and other things.
4. MEDIOLA shall not be liable for damages arising from the temporary or permanent failure of one or more cloud servers and services provided for use, or their unavailability to the licensee, unless such failure or unavailability results from intentional or grossly negligent behavior by MEDIOLA. This particularly applies to data loss, for which reason MEDIOLA expressly recommends regular backup of your own data onto an external storage medium.
5. MEDIOLA shall not be liable i) for defects in or ii) the discontinuation of (preliminary or basic) services provided by third parties concerning the products and services, provided that mediola does not act intentionally or with gross negligence in this context. The same applies in the event of non-certification or the revocation of certifications and their consequences, provided that MEDIOLA does not act intentionally or with gross negligence in this context.
6. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), MEDIOLA's liability is limited to compensation for the foreseeable, typically occurring damage. Essential contractual obligations are those obligations that make the proper execution of the contract possible in the first place, the violation of which jeopardizes the achievement of the goals pursued with the contract and the fulfillment of which you can rightly trust. This does not apply if this damage is based on intentional or grossly negligent behavior on the part of MEDIOLA.
7. These limitations do not apply to the extent that the use of MEDIOLA software causes injury to a person's body or health or impairs their physical integrity. Furthermore, liability for claims arising from the Product Liability Act remains unaffected.
8. To the extent that liability for damages is excluded or limited according to the foregoing provisions, this also applies with regard to the personal liability of the respective employees, staff, and organs, as well as agents and their employees, staff, and organs.
9. Unless expressly stated otherwise above, MEDIOLA's liability is excluded.

VIII. Warranty

1. Deviating from the statutory limitation period (§ 438 (1) No. 3 BGB), in the event that the licensee is a merchant, the general limitation period for claims arising from defects in quality and title shall be one year from the acquisition of the license. Otherwise, the statutory limitation period applies. This does not apply in the event of fraudulent concealment of the defect or the assumption of a related guarantee. For free or gratuitously provided trial versions and upgrades of MEDIOLA software, any warranty claim is waived. The exclusion does not apply to claims for damages resulting from grossly negligent or intentional breach of duties by MEDIOLA, as well as for any infringement of life, body, and health.

IX. Miscellaneous

1. This license agreement is subject to the laws of the Federal Republic of Germany. In the event of changes that go beyond mere changes for legal or administrative reasons or the correction of incorrect information, MEDIOLA will inform you of the changes seven days before the amended contract comes into effect in an appropriate manner (e.g., by publishing the text on the MEDIOLA website, by email, or through a notice in the MEDIOLA software), thus giving you the opportunity to comment on the changes. By continuing to use the MEDIOLA software thereafter, you agree to the amended license terms.
2. These terms of use govern the relationship between you and MEDIOLA. No claims or rights are established for third parties.
3. If you fail to comply with these terms of use and we do not immediately take action against it, this does not mean that we waive our rights, such as the right to take action in the future.
4. Supplementary agreements require written form to be effective. This also applies to a change in the requirement of written form. If individual provisions are or become ineffective, this shall not affect the validity of the remaining provisions. In this case, the contracting parties shall agree on an effective provision that comes closest to the common economic interests of the parties.
5. In legal disputes, the registered office of MEDIOLA shall be the place of jurisdiction, provided that you are a merchant as the licensee or do not have a general place of jurisdiction in the territory of the Federal Republic of Germany, or you are a legal entity under public law. MEDIOLA is also entitled to sue at any other legally prescribed place of jurisdiction.

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