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End User Terms of Use for the KUKA HRC Guide App

Google Play Store


PART I End User License Agreement („EULA“)

1 Introduction

1.1 Publisher and Provider

This App is being provided by its Publisher in an app store (“Platform”) of the individual operator (“Platform Operator”). Contractual partner of the User is the Publisher indicated therein, unless the provider information indicates a different provider, then that Provider (“Provider”) is beneficiary of this EULA, grants to the User respective rights to use the App and potentially provides support for the App.

The Platform Operator is not contractual partner of the User regarding the App or its content.

1.2 User of the App and Purpose of the Use

The User is contractual partner for use of the app either in its own capacity as a private person or as a representative of the enterprise, by which he is employed. If the User concludes the contract without being authorized to do so, the User will become contractual partner regarding this EULA in its own capacity.

This App may only be used by the following users and only for the indicated purposes: This App may be used by any lawfully eligible User for both personal as well as for business purposes.

1.3 Function and Purpose of the App

 

The scope of performance of the App calculates parameter limits for human-robot collaboration (HRC) and supports the design of cells incorporating human-robot collaboration. The App provides a quick overview of the key parameters for HRC configuration. On the robot side, the top speed, maximum payload or minimum contact area are entered. On the worker side, the body regions that could come into contact with the robot are computed. Based on the input parameters provided, the free parameter as per ISO TS 15066 is calculated. The determined values must be verified or if necessary be reduced by further measures, with e. g. a risk assessment or control test with a suitable force-pressure gauge. The determined values must be verified or if necessary be reduced by further measures, with e. g. a risk assessment or control test with a suitable force-pressure gauge.

The above description of functions is not comprehensive. The Provider expressly reserves the right to expand, restrict and modify App functionalities and to notify users by supplementing these terms.

The user is solely responsible for entering the necessary data.

1.4 Information according to § 36 Verbraucherstreitbeilegungsgesetz (VSBG)

The following applies for customers in Germany: Publisher and Provider will not participate in a dispute settlement procedure before a consumer arbitration board in terms of the VSBG and is not obliged to do so.

2 Usage Rights

2.1 Range of Usage Rights

The lawfully eligible User is granted the non-exclusive, non-sublicensable, nontransferable and revocable right to use the App free of charge in accordance with the EULA. The license is limited in time to the term of this EULA.

Deviations and additions may result regarding FOSS (sec. 2.2) and third party content (sec. 2.3).

2.2 Usage Rights for FOSS

The App may contain parts of free and open source software (“FOSS”). While using the app, you accept the license agreements of the third parties.

2.3 Third Party Content

The App may contain or use third party software or content. As far as rights are granted by a third party provider directly, the User enters into an agreement under the applicable terms with the third party provider regarding the use of the third party content when agreeing to this EULA. In case of a breach or violation of that agreement the third party provider may raise claims against the User.

2.4 Expiration of Usage Rights

The license is granted under the resolutive condition that the User obeys this EULA. In case of a breach of the User against this EULA, the license grant regarding the App and its content automatically expires.

Irrespective thereof the Publisher and the Provider of the App may revoke the granted rights to use the App by unilateral declaration with immediate effect.

2.5 Breaches

In addition to the expiration of usage rights a breach against the EULA may have further legal consequences for the User, e.g. because of unlawful use of the App and its content. This also includes the omission or discontinuation of any further use of the App and claims for damages.

3 User Obligations

3.1 Confidentiality

The User may not make the content of the App accessible to the public, e.g. in social networks or by any other means.

3.2 Lawful Use

The User is obliged and warrants to use the App only in a lawful manner and in accordance with this EULA and applicable laws.

The HRC Guide App is intended to provide assistance when designing human-robot collaboration (HRC) applications. It provides a quick overview of the interrelationships between the most relevant parameters. Support is provided in particular for assessing the maximum velocity in the case of transient (free) impact and quasistatic (constrained) impact.

4 Limitation

4.1 Prohibitions Regarding Transfer and Exploitation

It is not permitted to allow the use of the App to any third party paid or nonpaid, to publish, to license, to sell or otherwise commercially exploit the App. No rights may be granted regarding the App, including rental, lease or transfer in any other way, which is inadmissible.

4.2. Prohibition of Changes

It is not permitted to change, to adapt or adjust, to translate, to create derivative works, to decompile, to reverse engineer, to disassemble the App, or otherwise try to derive the source code of the App. Legal powers to do so remain unaffected, in particular the User right to decompile the App in order to gain the necessary information to achieve interoperability with other programs, as far as the Publisher does not provide these under reasonable conditions.

4.3 Effects on Software or Websites of the Publisher or a Third Party

Any use of the App that has a negative impact on the App itself, associated websites or on software that the App accesses, is forbidden.

5 Warranty for Defects

5.1 Provision Free of Charge under Exclusion of Claims with Regards to Warranties for Defects

The app is provided "as is" and free of charge. In particular, no liability will be assumed for availability of the app and its content. Claims with regards to warranties for defects of the app are excluded, except for intent or gross negligence of the publisher or the provider of the app. The same applies with regards to potential support.

5.2 Accuracy of Information

The Publisher makes every effort to provide accurate and up to date information within the App. However, the publisher does not assume any responsibility regarding the completeness and accuracy of such information.  If the App is used in a project, the user is obligated to verify the values in the context of a risk analysis, taking into account the actual path curves, robot positions and ambient conditions that are then known. The user must also the check the plausibility of the values. All values are to be regarded only as estimates for the purpose of obtaining early indications of cycle times and possible biomechanical loads since the HRC Guide App inherently does not possess the necessary contextual knowledge for an exact calculation.

5.3 Range of Warranty

Notwithstanding anything to the contratry in this section 5, nothing in this section 5 shall limit or exclude any mandatory warrant of the publisher or of the provider to the extent that such limitation or exclusion is prohibited unter applicable law. 

6 Liability

6.1 Liability of Publisher and Provider

Irrespective of a fault of the Publisher or the Provider, liability for fraudulent concealment of a defect, for acceptance of a guarantee or a procurement risk and after the Product Liability Act remains unaffected. Personal liability of legal representatives, vicarious agents and employees of the publisher and provider for damage caused by ordinary negligence is hereby excluded.

6.2 Indemnity

In case a claim is being raised against the publisher or the provider of the App by the Publisher or the Provider of the App by a third party regarding a breach of the EULA by the User, the User indemnifies and holds harmless the Publisher and the Provider from any such claims and cost, that result directly or indirectly including reasonable cost for legal advice of and defense by an attorney. This does not apply as far as the user is not responsible for such a breach. The Publisher reserves the right to take over the defense against such claims.

6.3 Range of Liability

Notwithstanding anything to the contratry in this section 6, nothing in this section 6 shall limit or exclude  the liability of the publisher or of the provider to the extent that such limitation or exclusion is prohibited unter applicable law.  

7 Final Provisions

7.1 Subject to Change

The Publisher reserves the right to change this EULA if he deems it necessary. The Publisher will inform the User of material changes to the EULA. Changes will come into effect 30 days after such notification automatically. If a User does not agree with a change, he has to uninstall the App and not use it any further. By further using the App the User agrees to the changed EULA.

7.2 Invalidity of Individual Clauses

In case individual provisions of this EULA shall be or become ineffective, void or unenforceable, this does not affect the remaining provisions.

7.3 Applicable Law

This EULA shall be governed by applicable German Law for domestic purchasers under exclusion of the UN-purchase right (CISG).

7.4 Place of Venue

If the Customer is a merchant, a legal entity of public law or of special fund under public law the place of performance and jurisdiction shall be Augsburg. Mandatory statutory jurisdiction shall remain unaffected.

Part II Data Protection Provisions

For purposes of these data protection provisions the term “Publisher” will be used irrespective of whether the Publisher is the sole contractual partner of the EULA (Part I) or a deviating Provider is being mentioned in the provider information. Responsible from the data protection according to Art. 4 VII DSGVO (German Data Protection Law) is in that case the Provider, apart from that the Publisher:

Zugspitzstrasse 140 86165 Augsburg / Deutschland

Telefon: +49 821 797 - 4000
Fax: +49 821 797 - 4040
 
E-Mail: info.robotics.de@kuka.com

Internet: www.kuka.com
 
Sitz & Registergericht: Augsburg HRB 14914
Ust-Identifikationsnummer: DE 811912140

 

1 Use of Personal Data and Purpose Limitation

When the HRC Guide App is used, we collect the following personal data to enable convenient use of the functions. If you wish to use our mobile App, we will collect the following data, necessary for technical reasons, in order to offer you the functions of our mobile App and to ensure stability and security (the

legal basis for this is Art. 6(1) sentence 1(f) GDPR):

  • IP address

  • Date and time of request

  • Time zone difference in relation to Greenwich Mean Time (GMT)

  • Contents of request (specific page)

  • Access status/HTTP status code

  • Data volume transmitted

  • Website from which the request originates

  • Browser

  • Operating system and its user interface

  • Language and version of the browser software.

 

We will also need your device identification, International Mobile Equipment Identity (IMEI), International Mobile Subscriber Identity (IMSI), Mobile Station ISDN Number (MSISDN), MAC address for WLAN use, name of your mobile end device, e-mail address. If you contact us via e-mail or via a contact form, we will save your e-mail address and your name and telephone number, if provided, in order to answer your questions. We delete the data arising in this context once storage is no longer required, or – in the case of statutory retention obligations – restrict processing.

Your rights
You have the following rights in respect of your personal data:

  • Right of access

  • Right to rectification or erasure

  • Right to restriction of processing

  • Right to object to processing

  • Right to data portability.

 

You also have the right to lodge a complaint with a data protection authority regarding the processing of your personal data in our company.

2 Cookies

The App uses cookies and similar technologies such as HTML5 Storage (together hereinafter referred to as “Cookies”), in order to set up the App in an ideal way. This results in an easement of navigation and a high level of user friendliness within the App.

Cookies are small data files that will be stored on the User’s mobile device. They may be used in order to find out whether or not there has been communication from this mobile device of the User with the Publisher. Only the cookie on the mobile device of the User is being identified. Personal data may only be stored in cookies, if the User has consented or if this is technically necessary, e.g. in order to provide a secured login. By using the App the User consents to the use and storage of cookies on his mobile device. The consent regarding the use and storage of cookies may be revoked at any time by uninstalling the App.

3 Analysis of User Data

In order to identify user preferences and therefore to further develop and improve the App, the Publisher may analyze the usage data of the App (to improve the app and its functionalities). This way the App may be suited/tailored towards the individual needs of the User and the service therefore be improved constantly. By using the App the User consents to this analysis.

If you do not wish information on app usage to be saved and analyzed, this feature can be disabled and re-enabled at any time through/under the profile settings If cookies are used for the analysis, their use is discontinued if the analysis feature is disabled.

4 Contact Person for Data Protection Matters

In case of any questions regarding the processing of personal data within the App, the User may contact the Data Protection officer vie e-Mail (Data-privacy@kuka.com), who will (together with his team) also take care of information requests, suggestions or complaints.