End-User License Agreement ("EULA") for GTC Transfer Software
Upon downloading, a contract on the use of the GTC Transfer Software (hereinafter referred to as “Software”) is entered into between you and Robert Bosch GmbH, Robert-Bosch-Platz 1, 70839 Gerlingen (hereinafter referred to as “Bosch”). Upon downloading, you declare yourself in agreement with the following conditions.

With the GTC Transfer Software, you can transfer data from your Bosch Professional thermal imaging camera to a PC via a USB interface (you can find the system requirements on the Bosch website under www.bosch-pt.com).
  1. Provision of the software, rights of user:
    1. Please observe the safety and operating notes in the operating instructions of the Bosch Professional thermal imaging camera or in Internet (https://www.bosch-professional.com/thermal/) .
    2. After downloading the Software, Bosch shall grant you the royalty-free, non-transferable, non-exclusive, non-sublicensable right to use the Software on a computer device owned by you or in your possession, on which the Software is able to run in accordance with the system requirements which you are able to view prior to concluding these conditions.
    3. The right of use shall not include the provision of the Software via a network for simultaneous use on several user terminals. You shall not be permitted to copy, distribute or otherwise make the Software available to third persons (including renting, leasing, loaning). You shall not be authorised to change the program code of the Software or parts thereof, to perform reverse engineering, to decompile, to disassemble, or determine the source code in any other way, or prepare derivative works from it. The mandatory, non-modifiable provisions of Articles 69d, 69e UrhG [German Copyright Act] shall, however, remain unaffected thereby.
    4. The aforesaid provisions shall also be valid for all updates/upgrades and program modifications for the Software provided to you by Bosch for downloading, insofar as these do not constitute the subject-matter of a separate agreement. In this case, the provisions in the regulations valid for the respective update/upgrade or program modification shall be applicable exclusively.
    5. Bosch reserves the right to all other rights in the Software (including any existing copyrights and the right to apply for industrial property rights such as patents, utility model patents etc).
  2. Usage of third party software:
    1. The software is linked with "Crystal Reports for Visual Studio .NET" (designated as "Runtime-Software" in the following) from the manufacturer Crystal Decisions, Inc. (designated as "Crystal Decisions" in the following).
    2. You agree not to alter, disassemble, decompile, translate, adapt or reverse-engineer the Runtime Software or the report file (.RPT) format.
    3. You agree not to use, distribute or integrate the runtime software with any general reporting or report provision product that may generally compete with the product range of Crystal Decisions.
    4. You agree not to use the Software on a rental or timesharing basis or to operate a service bureau facility for the benefit of third-parties unless you first acquire an Application Service Provider License from Crystal Decisions.
    5. You may not use the Software or Runtime Software, together or separately or in combination with Server Environments, as part of a Report Distribution System, without obtaining an additional license from Crystal Decisions.
    6. You are only allowed to install the runtime software on one server in each server environment, and use only one instance of the runtime software per server/application on this server at the same time.
  3. Obligation to cooperate:
    1. When using the software, you must take necessary care when using the software or the Bosch Professional thermal imaging camera. The aspects of occupational safety (e.g. backup your data in the event of a loss) shall be taken into account particularly when using the Software.
    2. The results generated by the Software shall be validated prior to their use. Similarly, you shall be obliged to create a backup of your data at regular intervals, in order to ensure that it can be reproduced in the event of loss.
  4. Data collection/use:
    1. The Software does not collect any personal data.
  5. Warranty, liability:
    1. For defects and deficiencies in title, irrespective of any legal basis, Bosch shall be liable only insofar as Bosch has fraudulently concealed the respective defect or deficiency in title. Otherwise, Bosch, its legal representatives and vicarious agents engaged in the performance of an obligation [Erfüllungsgehilfen] shall, due to the gratuitous provision of the Software, only be liable for compensating any possible damage arising in the case of intentional or grossly negligent misconduct. Claims in accordance with the German Product Liability Act [Produkthaftungsgesetz] shall remain unaffected.
    2. Bosch does pay damages on account of a violation of contractual or non-contractual obligations only in case of (i) intent or gross negligence, (ii) negligent or deliberate fatal injury, physical injury or injury to health, (iii) on account of assuming a quality or durability guarantee or (iv) on account of compulsory statutory liability pursuant to the German Product Liability Act or on account of any other compulsory liability. Liability for damages exceeding that provided for in the preceding sentence is excluded irrespective of the nature of the claim.
  6. Term of the contract, termination of the use:
    1. This EULA is valid indefinitely. The right of the parties to give notice of termination for good cause shall remain unaffected. An important reason exists in particular if the rights of use granted under this EULA have been exceeded or rights and obligations under this agreement have been violated in any other way and Bosch cannot be expected to continue the contractual relationship for this reason.
    2. In the event of termination of this Contract, the use of the Software shall be discontinued immediately and the Software, as well as any copies thereof, shall be permanently deleted.
  7. Transfer/Allocation/Support:
    1. Insofar as you relinquish your device on which the Software is installed, temporarily and gratuitously to a third person, you shall remain responsible for the observance of the provisions of this agreement. Any other transfer of the rights of use shall require our express consent. The transferability may additionally be excluded by technical blockage of the supplier via whom the Software is distributed.
    2. You are not entitled to claim the provision of support services such as updates or advice outside the warranty right.
  8. Applicable law, jurisdiction, online dispute resolution:
    1. The substantive law of the Federal Republic of Germany shall be valid, with the exclusion of the provisions of the UN Convention on the International Sale of Goods. If you are a company within the meaining of § 14 of German Civil Code (BGB), a juristic person under public law or a public-law fund, the exclusive place of jurisdiction for any legal disputes arising from or in connection with these shall be EULA Stuttgart, Germany.
    2. The European Commission provides a platform for online dispute resolution (ODR platform). This platform is intended as a contact point for the out-of-court settlement of disputes relating to contractual obligations of online sales contracts and online service contracts. The platform can be accessed under http://ec.europa.eu/consumers/odr/ .
    3. Bosch does not participate in out-of-court dispute resolution proceeding in front of a consumer arbitration board.
  9. Final provisions:
    1. Should individual provisions or parts of the contract be ineffective, the remaining provisions and parts of the contract shall remain in force.
    2. In the event of problems concerning the use of the Software, please contact the following addresses: GTC.transfersoftware@de.bosch.com
    3. If you use third party services, you must comply with the applicable terms of the third party agreement when using the Software.
    4. You declare and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
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