Important: Please read the terms of this license agreement carefully before agreeing to this EULA.
These terms of use apply in the version valid at the time of conclusion of the contract for the use of Bosch DIY App (hereinafter „Software“) between you and Robert Bosch Power Tools GmbH, Max-Lang-Str. 40-46, 70771 Leinfelden-Echterdingen (hereinafter „Bosch“). By accepting this EULA, you agree to the following terms and conditions.
This End User License Agreement is solely between you and Bosch, not Apple.
Bosch is solely responsible for the Software and its content.
1. Right of use
This EULA grants you the following rights of use for the Software.
With the conclusion of this EULA, Bosch grants you the non-exclusive, non-transferable right to use the Software on a device that is owned by you or under your control and on which the Software is executable according to the system requirements, which you can view before completing these terms and conditions.
The right of use does not include the provision of the Software via a network for simultaneous use on several end devices.
You are not entitled to distribute or transfer the Software to any third party (including renting, leasing, loaning or sublicensing).
You are not entitled to change, reverse engineer, decompile or disassemble the program code of the Software or parts of it nor determine the source code of the Software in some other way or create derivative works of the Software. However, the mandatory non-obligatory terms of §§ 69d, 69e of the German Copyright Act remain unaffected by this.
The above terms and conditions also apply to all updates/upgrades and program supplements for the Software that are made available to you by Bosch to download, as long as they are not subject to a separate agreement. In this case, the terms and conditions of the respective update/upgrade and the program supplements are solely authoritative.
Bosch reserves all other rights.
2. Obligation to cooperate:
When using the Software, you must comply with the due diligence required for use and examine the results generated by the Software to a reasonable extent before using them. Furthermore, you are required to back up your data regularly to ensure that it can be restored in the case of loss.
As long as you have acquired the Software against payment as an entrepreneur as required by § 14 German Civil Code (BGB), the obligation to give notice of defects according to § 377 German Commercial Code (HGB) applies.
3. Data collection/use:
The Software processes your personal data (e.g. first name and surname, phone number and e-mail addresses) of the user or of third parties only if either a legal ground or the consent of the user or of the third party is provided. You can find out more about the use of your personal data in our privacy policies.
4. Warranty, liability:
Any guarantee claims arising out of defects of quality and of title of the Software are solely between you and Bosch and are governed by the following condition.
Warranty and liability for the Software free of charge. Bosch is only reliable for defects of quality and of title, irrespective of the legal grounds, if Bosch has maliciously concealed the respective defects of quality and of title. Furthermore, Bosch, its legal representatives as well as vicarious agents are only liable for compensation for any damage incurred due to the provision of the Software free of charge in the case of intentional or grossly negligent misconduct. Claims according to the Product Liability Act remain unaffected.
Insofar as the liability of Bosch is excluded or limited according to these terms and conditions, this also applies for the liability of the organs, vicarious agents and assistants, including the employees of Bosch.
If you use the Software to store data, you are obliged to back up your data regularly on a separate storage medium.
5. Intellectual property rights
If the Software or your possession or use of it infringes the intellectual property rights of any third party, Bosch, not Apple, is solely responsible for the investigation, defense, arrangement and satisfaction of any claims that arise from an infringement of such intellectual property rights.
6. Assignment/Transferring
Any other assignment of the rights of use requires our express consent.
In addition, technical barriers may also exclude the transferability.
7. Support
You are not entitled to the provision of support services such as updates or advice outside the warranty law. The warranty period does not start again due to support services provided by Bosch.
8. Applicable law/Place of jurisdiction
All claims arising from and in connection with this EULA or the use of the Software by you is subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are not a consumer or do not have a regular place of jurisdiction in Germany, the place of jurisdiction for all disputes that arise out of or in connection with this agreement is Stuttgart, Germany.
This EULA is subject to German law. The choice of law does not lead to depriving the user of the protection afforded to him by those provisions, which cannot derogate by agreement under the law of the country in which he has his habitual residence (favorability principle).
9. Miscellaneous
Should individual terms and conditions or parts of the contract become invalid, the remaining terms and conditions and parts of the contract remain in force.
Any claims, including but not limited to (i) warranty; (ii) complaints of any kind that the Software does not comply with applicable legal or regulatory requirements; and (iii) claims arising from consumer protection or similar laws must be addressed exclusively to Bosch, not to Apple.
If you use external services, you are responsible for compliance with the relevant provisions of the Treaty for these services.
You represent and warrant that (i) you are not in a country that is subject to an embargo imposed by the U.S. government or classified by the U.S. government as a “terrorist supporting country”; and (ii) you are not on a list of prohibited or restricted parties of the U.S. government.
Both Apple and all Apple subsidiaries are third-party beneficiaries of this End User License Agreement (EULA) and have the right to enforce it against you upon your acceptance of this EULA.
Dated: January 2021