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Terms and Conditions

East-Gate Master Subscription Agreement

This East-Gate Master Subscription Agreement (this “Agreement”) sets forth the terms and conditions that govern Your (“Your”) acquisition and use of Our (“Our”) Services (“Services”). This Agreement is effective between You and Us from the date you accept the Agreement.

If You register for a free trial for Our Services that free trial will also be subject to this Agreement.

BY CLICKING “AGREE,” OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE THAT THESE TERMS AND CONDITIONS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE. IF YOU ARE ENTERING INTO THIS 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, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

1. DEFINITIONS

"Affiliate" means any present or future entity that, directly or indirectly controls, or is controlled by, or is under common control with the subject entity. “Control” means ownership of more than fifty percent (50%) of the voting stock.

“Agreement” means this Master Service Agreement.

“Documentation” refers to the Service user manuals that are accessible online. The Documentation describes technical and functional aspects of the Service that You may access online at http://www.east-gate.eu/mobile or any successor website.

“Order Form” refers to an ordering document that is entered into between You and Us specifying the Services to be provided pursuant to this Agreement. By submitting an Order Form, Your Affiliate shall be bound by the terms of this Agreement as if it were an original party.

"Purchased Services" means Services that You or Your Affiliate purchase under an Order Form, as distinguished from those provided pursuant to a free trial.

“Services” means, collectively, cloud-based, on premise, hosted and/or downloaded software products and services provided by Us, including offline components, which You have ordered under the free trial or an Order Form.

“Services Period” refers to the period of time for which You ordered applicable Services as specified in the Order Form.

“Trial Period” refers to the initial minimum period of time for which You commit to trial the Service free of charge, as set forth in an Order Form.

“User” means an individual who is authorized by You to use the Service in accordance with this Agreement and the Order Form, and to whom You (or We, at Your request) have supplied a user identification and password. Users may include, for example, Your employees, contractors and agents, and third parties with whom You transact business.

"We," "Us", "Our" or East-Gate refers to East-Gate Automation GmbH, Sonnergasse 4/23, 1120 Vienna, Austria

"You" or "Your" means the individual or legal entity that has accepted and executed this Agreement, and any Affiliates of the said individual or legal entity.

“Your Applications” means all software programs, including any source code for such programs, that You or Your Users provide and load onto, or create using Our Services. The Services under this Agreement, our intellectual property and any derivative works thereof, are exempt from the meaning of “Your Applications.”

“Your Content” means electronic data and information submitted, collected or processed by You or Your Users that reside in, or run on or through the Purchased Services.

2. FREE TRIAL

Once You register for a free trial We will make the applicable services available to You for the duration of 30 days pursuant to this agreement until the earlier of (a) the end of the free trial for which you registered, or (b) the start date of any Purchased Service subscriptions ordered by You for such Service(s).There will be no charge for the Services provided under the Trial Period. Notifications provided through the Service, indicating the remaining number of days in the free trial, shall constitute notice of termination. You may be subject to additional trial terms and conditions, as they appear on the trial registration web page, which shall be incorporated into this Agreement by reference and which shall be legally binding.

ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES BEFORE THE END OF THE TRIAL PERIOD.

The Services acquired for trial purposes are provided on an “as-is” and “as available” basis and may not be used with production data that has not been masked, anonymised or otherwise rendered unreadable. We do not provide technical or other support or offer any warranties for such Services.

Please review the Documentation during the trial period so that You become familiar with the features and functions of the Services prior to making Your purchase.

3. RIGHTS GRANTED

3.1 For the duration of the Services Period and subject to Your payment obligations, and except as otherwise set forth in this Agreement or Your order (as under the Order Form), You have the worldwide, royalty-free, non-exclusive, non-assignable, limited license to access and use the Services that You ordered. We will (a) make the Services and Content available to You pursuant to this Agreement and the applicable Order Forms, and (b) provide Our standard support for the Purchased Services to You at no additional charge. Your right to access and use the Services will terminate upon the end of the Services Period. The license granted to You for the Licensed Services must be limited to a non-transferable license to use the Licensed Services on any iPhone, iPad,or iPod touch and one personal computer that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

3.2 For the limited purpose of enabling Us to provide You and Your Users with the Services, You grant Us the worldwide, royalty­ free, non­exclusive right to use, process and transmit, in accordance with this Agreement and the Order Form, Your Content and Your Applications for the duration of the Services Period plus any additional post-termination period during which We provide You with access to retrieve and export files of You Content and Your Applications.

3.3 You grant Us and Our Affiliates a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by You or Users relating to the operation of the Services.

4. OWNERSHIP

4.1 Subject to the limited rights expressly granted in this Agreement, We and Our licensors retain all ownership of the Services, including but not limited to graphics, user interface, the scripts and software, and any derivative works thereof, anything developed or delivered by or on behalf of Us under this Agreement, and to any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. Nothing in this Agreement shall be construed to convey to You any interest, title, or rights in connection with the Services and any intellectual property, except as expressly provided in this Agreement.

4.2 Subject to the rights expressly granted in the Agreement, You retain all ownership and intellectual property rights in and to Your Content and Your Applications.

5. YOUR USE OF THE SERVICES

5.1 Unless otherwise provided in the applicable Order Form, (a) Services and Content are purchased as subscriptions, (b) subscriptions may be added during a subscription term, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions

You are responsible for identifying and authenticating all Users, approving access by such Users to the Services, controlling against unauthorized access by Users, and maintaining the confidentiality of usernames, passwords and account information. We are not responsible for any harm caused by Your Users, including individuals who were not authorized to have access to the Services but who were able to gain access because usernames, passwords or accounts were not terminated on a timely basis in Your local identity management infrastructure or Your local computers. You are responsible for all activities that occur under Your and Your Users’ usernames, passwords or accounts or as a result of Your or Your Users’ access to the Services. You acknowledge and agree to notify Us immediately of any such unauthorized use.

5.2 The rights granted to You under this Agreement shall be conditional on the following: a) except as expressly provided herein or in Your Order Form, no part of the Services may be copied (except as expressly permitted by this license and the Usage Rules), reproduced, distributed, republished, decompiled, reverse engineered, disassembled downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Services. You may not attempt to derive the source code of, or create derivative works of the Licensed Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Services); and

b) You make every reasonable effort to prevent unauthorized third parties from accessing the Services.

5.3 You may not use or permit use of the Services to:

(a) upload, download, post, email or otherwise make available any material (including Your Content and Your Applications) that is false, unlawful, defamatory, harassing, obscene, hateful, racially offensive or otherwise objectionable;

(b) menace, harass, harm or cause damage to any person or property;

(c) transmit or otherwise make available any unsolicited bulk e-mail, “junk mail”, “spam” or chain letters;

(d) engage in any infringement of intellectual property or other proprietary rights;

(e) disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;

(f) perform or disclose any benchmark or performance tests of the Services without Our prior written consent;

(g) upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Services (or any part thereof), or any other computer software or hardware; or

(h) plan or engage in any prohibited activity or otherwise violate applicable laws in Your home jurisdiction or in the jurisdiction within which you carry out such activity.

5.4 In addition to any other rights afforded to Us under this Agreement, We reserve the right, but have no obligation, to take remedial action that we believe is reasonably necessary or appropriate to enforce and ensure compliance with any part of this Agreement, including investigation of any potential violation thereof. You agree We shall have no liability to You in the event that We take such action, which includes, but is not limited to (a) the removal of any material that may violate the foregoing restrictions, or (b) disable access to such material. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and ownership of all of Your Content and Your Applications. You agree to defend and indemnify Us against any claim arising out of a violation of Your obligations under this section.

5.5 If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it on our website .

6. SERVICE SPECIFICATIONS

6.1 The Services are subject to and governed by Documentation applicable to the Order Form. You acknowledge that use of the Services in a manner not consistent with the Documentation may adversely affect Services performance and/or may result in additional fees. We reserve the right to update the Services and Documentation at our discretion during the Services Period, including allowing for technological advances; however such changes will not result in a material reduction in Our performance level or availability.

6.2 Usage Limits. Use of the Services is subject to usage limits as specified in Order Forms. The usage limit in an Order Form refers to the number of Users, and the Services may not be accessed by more than that specified quantity. If You exceed a contractual usage limit, You are responsible for promptly purchasing additional quantity to account for Your excess usage. For any month that You do not promptly purchase such additional quantity, We may require You to pay, in addition to the fees for the additional quantity, an excess usage fee for those Services equivalent to 10% of the total fees for the month in which such excess usage occurred.

6.4 Data protection

You acknowledge it is your responsibility to maintain appropriate alternate backups of your information and data that you store or access via the Service. We do not guarantee or warrant that Your Content, as well as any materials you may store or access through the Services will not be subject to inadvertent damage, corruption or loss. We will not be responsible for any use, disclosure, modification or deletion of Your Content or Your Applications resulting from any access by third party program(s).You are responsible for any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content and Your Applications, including any viruses, Trojan horses, worms or other programming routines contained in Your Content or Your Applications that could limit or harm the functionality of a computer or that could damage, intercept or expropriate data.

7. WEBSITES AND OTHER THIRD PARTY MATERIALS

7.1 The Services may include hyperlinks to other Web sites, products, services, information and content (collectively referred to as “Third Party Materials”). We do not control and are not responsible for the availability of such Third Party Materials, and You bear all risks associated with access to and use of such Third Party Materials. You further acknowledge that Third Party Materials may change at any time during the Service Period, which does not affect your responsibilities and obligations under this Agreement and the Order From.

7.3 We do not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, products or materials on or available from such sites or resources.

7.4 In addition to the above the Services may interoperate or be hosted by third party service providers such as Amazon CloudTM, where access to the Services will be subject to the availability of the respective third party application programming interface. We shall not be responsible or liable for delays, unavailability or damages caused to You or Your Users when relying or using the Services, which are hosted by third parties. We reserve the right to withdraw, in Our sole discretion, the Services from such third party application programming interface without any liability to You.

7.5 Third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, iPod touch or personal computer are not available in all languages or in all countries. We make no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

7.6 Furthermore You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon Your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.

8. PAYMENT AND FEES

8.1 Fees shall be paid in advance on an annual basis or according to the billing frequency specified in the applicable Order Form. Upon placement, orders are non-cancellable and fees non-refundable, except as stipulated in this Agreement or Order Form. You acknowledge it is Your responsibility to assure the timely payment of all fees for Services under the Order Form.

8.2 You must provide valid credit card or payment account information and authorise us to charge it for all Purchased Services detailed in the Order Form for the initial subscription term and any renewal subscription term(s) as specified under Section 12.2. If We are unable to successfully charge your credit card or payment account for fees due, We may revoke or restrict access to your stored Content, delete your stored Content, or terminate your Account.

9. NON-DISCLOSURE

9.1 “Confidential Information” means all information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) and shall be limited to the terms and conditions of this Agreement and all Order Forms (including pricing), Your Content and Your Applications residing in the Services environment, and all information clearly identified as confidential at the time of disclosure.

9.2 We each agree to disclose only information that is required for the performance of obligations under this Agreement. If legally required to do so, the Receiving Party may disclose the Confidential Information of the Disclosing Party to the extent mandated, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure.

9.3 Each Party agrees to exercise no lesser degree of due care and security measures, in respect to protecting the confidentiality of the other Party’s Confidential Information, as they would apply to their own. With the exception of Your Content and Your Applications, the Receiving Party’s duty to protect the Confidential Information shall survive the termination of this Agreement and continue in full force and effect for a period of 2 years from the termination date. The confidentiality of Your Content and Your Applications will be protected for the period they are located in the Services Environment.

10. WARRATIES, DISCLAIMERS AND EXCLUSIVE REMEDIES

10.1 We warrant to use reasonable skill and due care when providing Services in all material respects as described in the Documentation. The following disclaimers are subject to this express warranty.

10.2 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK, WHERE THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”. IN PARTICULAR, WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT (a) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR­FREE (b) THE SERVICES WILL MEET YOUR REQUIREMENTS, AND (c) THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACKS, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION. THE SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS WHERE TIME DELAYS OR INACCURACIES IN THE CONTENT PROVIDED BY THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

10.3 YOUR EXCLUSIVE REMEDY FOR BREACH OF THE SERVICES WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE LIMITED TO THE RECTIFICATION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH. IF WE ARE UNABLE TO SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU ANY PRE-PAID FEES FOR THE TERMINATED SERVICES FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 4. Warranty: You must be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The EULA must provide that, in the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.

11. LIMITATION OF LIABILITY

11.1 NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, OR ANY LOSS OF REVENUE OR PROFITS (EXCLUDING FEES UNDER THIS AGREEMENT), DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED SERVICES. THE LIMIT OF OUR LIABILITY FOR ALL DAMAGES ARISING FROM THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL NOT EXCEED THE AGGREGATE TOTAL AMOUNTS ACTUALLY PAID FOR THE SERVICES UNDER THE ORDER THAT IS THE SUBJECT OF THE CLAIM IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

11.2 THE ABOVE LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) OUR FAILURE TO USE REASONABLE SKILL AND DUE CARE; OR (B) OUR GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD.

12. MUTUAL INDEMNIFICATION

12.1 The “Provider” (“Provider”, which can mean either You or Us, depending on who provided the Material) agrees to defend the “Recipient” (“Recipient”, which can mean either You or Us, depending on who received and used the Material supplied) against a claim that any information, design, specification, instruction, software, service, data, hardware, or material (collectively, “Material”) infringes a third party’s intellectual property rights and agrees to indemnify the Recipient at the Provider’s sole expense for costs, settlements, fees, liabilities and damages awarded by the courts against the Recipient, provided the Recipient:

(a) notifies the Provider promptly in writing, within 30 days of the Recipient receiving notice of the claim;

(b) gives the Provider sole control of the defence and settlement of the claim; and

(c) at the Provider’s sole cost provides all reasonable information and assistance necessary to defend against or settle the claim.

12.2 If the Material found to be infringing, or in Our opinion is likely to become the subject of such a claim, the Provider may choose to modify the Material to be non-infringing or procure the right to allow for continued use of the Material, or the Provider may end the licence for the applicable Material and refund any prepaid fees paid by the Recipient to the Provider for such Material. If such refund materially affects our ability to perform our commitments under the applicable order, then we may terminate the order upon providing You with 30 days advance written notice.

12.3 The Provider will not indemnify the Recipient in the event that the Recipient: (a) uses the Materials outside the scope of use specified in this Agreement, Order Form and Documentation, (b) alters the Material or, (c) uses a version other than the current, unaltered release made available to the Recipient. We will not indemnify you for any portion of the infringement claim if based on third party Material or a combination of Material provided by a third party and our Services. We will not indemnify You provided You had knowledge of any intellectual property infringement claim(s) at the time Services rights are obtained. We will not indemnify You for infringement caused by Your actions against any third party if using the Services as delivered to You and in accordance with the terms of this Agreement would not have otherwise infringed upon any third party intellectual property rights.

12.4 This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that You are responsible for all use of the Services via/through your Account, and that this Agreement applies to any and all usage of your Account.This Section 14 states the entire liability of the Provider and the exclusive remedy for the Recipient relating to infringement or claims of infringement of intellectual property rights.

13. TERM AND TERMINATION

13.1 This Agreement commences on the date You first accept it and continues until all subscriptions hereunder have expired or have been terminated. Following the termination you no longer have the right to access or use the Services. Upon termination of the license, You shall cease all use of the Licensed Services, and destroy all copies, full or partial, of the Licensed Services.

13.2 The term of each subscription shall be as specified in the applicable Order Form. Except as otherwise specified in an Order Form, Subscriptions will automatically terminate, unless you give notice of renewal at least 30 days before the end of the relevant subscription term. Should you give notice of renewal later than stipulated We may renew in Our discretion.

13.3 We may temporarily suspend Your password, account, and access to or use of the Services if You or Your Users violate any provision within the ‘Rights Granted’, ‘Ownership’, ‘Payment and Fees’, ‘Your use of the Services’, or ‘Export’ sections of this Agreement, or if in Our reasonable judgment, the Services or any component thereof are about to suffer a significant threat to security or functionality. We may, but have no obligation, to provide You with advance notice of any such suspension in reasonable discretion based on the nature of the circumstances giving rise to the suspension.

13.4 Provisions that survive termination or expiration of this Agreement are those relating to payment, limitation of liability, infringement, indemnity, confidentiality and others, which by their nature are intended to survive Termination. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.

14. GOVERNING JURISDICTION

This Agreement and the relationship between You and Us shall be governed by the laws of Austria. Both parties agree to submit to the personal and exclusive jurisdiction of the courts located with the city of Vienna, Austria, to resolve any dispute or claim arising from or relating to this Agreement. Your use of the Licensed Services may also be subject to other local, state, national, or international laws.

15. GENERAL

15.1 Entire Agreement

This Agreement constitutes the entire agreement between You and Us, governing Your use of the Services and shall supersede all prior or contemporaneous agreements or representations, written or oral, regarding such Services. Additional terms and conditions as specified in your Order Form may apply and shall take precedence in the event of any inconsistencies between this Agreement and successive Order Form. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement and orders made under this Agreement may not be modified and the rights and restrictions may not be altered or waived except in writing signed by authorized representatives of both parties (You and Us). No third party beneficiary relationships shall be deemed created by this Agreement.

15.2 Notices

All notices in respect to changes or amendments of this Agreement shall be submitted in writing. We may provide You with notices regarding the Service updates by email, by postings on the Services or by regular mail to Your address on record in Our account information. All notices by You shall be sent by first class mail or pre-paid post to our firm headquarters East-Gate Automation GmbH, Sonnergasse 4/23, 1120 Vienna, Austria. Any such notice shall be deemed to have been given upon the expiration of 2 business days after mailing (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).

15.3 Service analyses

We may (i) compile statistical and other information related to the performance, operation and use of the Services, and (ii) use data generated or encountered through the Services for security and operations management, to create statistical analyses, and for research and development purposes (clauses i and ii are collectively referred to as “Service Analyses”). We retain intellectual property rights in the Service Analyses and may make the Service Analysis publicly available in a form that will not identify You. You may not access the Services for benchmarking purposes, except with our prior written consent to do so, detailing the conditions and environment under which such analysis may be conducted.

15.4 Export

Export laws and regulations of Austria and any other relevant local export laws and regulations apply to the Services. You agree that such export laws govern Your use of the Services (including technical data) and any Services deliverables provided under this Agreement, and You agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data, information, software programs and/or materials resulting from Services (or direct product thereof) will be exported or re-exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.

15.5 Force Majeure

Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; pandemic; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancelation of any export, import or other license); or other event outside the reasonable control of the obligated party. We both will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 30 days, either of us may cancel unperformed Services and affected orders upon written notice to the other, such cancellation being effective immediately upon receipt of notice. This Section does not excuse either of our obligation to take reasonable steps to follow its normal disaster recovery procedures or Your obligation to pay for the Services. 15.6 Assignment

You may not assign this Agreement or give or transfer the Services or any interest in them to another individual or entity. If You grant a security interest in any portion of the Services, the secured party has no right to use or transfer the Services or any deliverables.

15.7 Severability

If any part of this Agreement is held invalid or unenforceable, the provision shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining provisions of this Agreement will remain effective.

Last revised: 01/01/2016

Should you have any questions concerning this Agreement, or if you desire to contact Us for any reason, please write to East-Gate Automation GmbH, Sonnergasse 4/23, 1120 Vienna, Austria, Attention: Legal Services.



 
 

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