End-User Licence Agreement for device updates (EULA)

Important: Please read the conditions of this licence agreement carefully before agreeing to this EULA.

These Terms of Use shall apply, in the version that was valid when the agreement was concluded, for the download and use of the device updates for the Bosch GTC 400 C and the Bosch GTC 600 C (hereinafter referred to as the "Software") between you and Robert Bosch Power Tools GmbH, Max-Lang-Str. 40-46, 70771 Leinfelden-Echterdingen, Germany (hereinafter referred to as "Bosch"). By accepting this EULA, you are agreeing to the following terms.

Important: Please read the conditions of this licence agreement carefully before agreeing to this EULA.

These Conditions of Use shall apply, in the version that was valid when the agreement was concluded, for the download and use of the device updates for the Bosch GTC 600 C (hereinafter referred to as the "Software") between you and Robert Bosch Power Tools GmbH, Max-Lang-Str. 40-46, 70771 Leinfelden-Echterdingen, Germany (hereinafter referred to as "Bosch"). By accepting this EULA, you are agreeing to the following terms.

1.1 This EULA grants you the following rights of use for the Software.

1.2 With the conclusion of this EULA, Bosch shall grant you the non-exclusive and non-transferable right to use the Software on a device that you own or are in possession of and on which the Software can be run in accordance with the system requirements, which can be viewed before concluding these Terms of Use.

1.3 The right of use does not cover the provision of the Software over a network for simultaneous use on multiple end devices.

1.4 You are not permitted to distribute or otherwise make the Software available to third parties (including renting, leasing, loaning or sub-licensing).

1.5 You shall not be entitled to modify, reverse engineer, decompile or disassemble the program code of the Software or any part thereof, or to otherwise determine the source code or create works of the Software derived from said source code. The mandatory, non-negotiable provisions of Sections 69(d) and 69(e) of the German Copyright Act (UrhG) shall, however, remain unaffected by this.

1.6 All other rights are reserved by Bosch.

1.7 If open source software ("OSS") is included in the product or software offered, it shall be subject to the respective applicable OSS licences – with priority over any conflicting licence conditions of the product or associated software. Insofar as Bosch cannot grant you these rights itself on the basis of the OSS licences or obtain them for you, these rights shall be granted to you by the copyright holder of the OSS. You agree to the use of OSS components.

2.1 When using the Software, you shall be required to exercise the due care necessary for proper use and to take reasonable measures to check the results generated by the Software before applying them. Similarly, you shall be obliged to create a backup of your data at regular intervals in order to ensure that it can be restored in the event of loss.

2.2 If you have purchased the Software as an entrepreneur within the meaning of Section 14 BGB (German Civil Code) in return for payment, you must examine the product and notify Bosch of any defects in accordance with Section 377 HGB (German Commercial Code).

3.1 The software processes your personal data (e.g. first name and surname, telephone number and e-mail addresses) of the user or third parties only if there is either a legal basis or the consent of the user or third party. You can find out more about the use of your personal data in our data protection notice.

4.1 Bosch shall only be liable for material defects and defects of title, regardless of the legal basis, if Bosch has fraudulently concealed the material defects and defects of title in question. Otherwise, Bosch, its legal representatives and its vicarious agents shall only be liable for indemnity for losses that have occurred on the basis of the gratuitous provision of the software where deliberate or grossly negligent conduct has taken place. Claims in accordance with the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

4.2 Bosch's liability for material defects and defects of title in or caused by the OSS components, regardless of the legal grounds, shall be excluded.

4.3 If you use the software to save data, you shall be obliged to regularly back up your data on a separate storage medium.

5.1 Should the Software or its ownership or use by you infringe a third party's right to intellectual property, Bosch shall be solely responsible for investigating, defending, controlling and fulfilling any claims which arise from an infringement of the right to intellectual property.

6.1 Any other transfer of rights of use shall require our explicit consent. Transferability may also be excluded by means of technical blocks.

7.1 You shall not be entitled to claim the provision of support services such as updates or advice outside the warranty right. The provision of support services by Bosch shall not result in the warranty period beginning again.

8.1 With the exclusion of the UN Convention on Contracts for the International Sale of Goods, the substantive law of the Federal Republic of Germany shall apply for all claims arising from and in connection with this EULA or use of the Software. Insofar as you are not a consumer or have no regular place of jurisdiction in Germany, the place of jurisdiction for all disputes arising due to or in connection with this agreement shall be Stuttgart, Germany.

8.2 This EULA is governed by German law. This choice of law shall not deprive the user of the protection afforded to them by these provisions; the law of the country in which they have their habitual residence must not derogate from these provisions by agreement (favourability principle).

9.1 Should individual provisions or parts of the agreement be ineffective, the remaining provisions and parts of the agreement shall remain in force.

9.2 If you use external services, you shall be responsible for complying with the relevant contractual provisions for these services.