1.1 The following terms and conditions shall apply for the use of HIGH MOBILITY Developer Center (hereinafter referred to the “Platform”) which is offered by HIGH-MOBILITY GmbH, Skalitzer Str. 68, 10997 Berlin, registered with the commercial registers of AG Charlottenburg (Berlin) HRB 159630 B (hereinafter referred to as „HIGH MOBILITY“).
2. Conditions of Use
2.1 The use of the Platform requires a registration of the user in accordance with the following clause 3.
3. Registering / Login
3.1 During the registration procedure, the user has to insert the requested data, including a valid email address.
3.2 After registration, the user can log in each time using his/her email address and password.
3.3 The user is required to keep the data entered during the registration process up to date and to make changes immediately in the user account.
3.4 The user is obliged to keep the password protected from third party access in order to prevent misuse of the user’s account. In order to avoid unauthorized use by a third party the user should log out after each use. This applies in particular if the Platform is used via a device not owned by the user. Any uses via the account will be attributed to the user. The user has the option to change the account password at any time in order to help prevent misuse of the account.
4. Rights of Use
4.1 With the registration process the user acquires the non-exclusive right – without the right to sublicense - to use the Platform.
4.2 As far as software applications are offered via the Platform the following applies:
4.2.1 As far as the software needs to be downloaded and installed on the device of the user the terms which were approved during the installation or activation process apply. If there are no separate terms which must be approved during the installation or activation process the following applies.
4.2.2 As far as the software can be used without downloading it, i.e. the Emulator the user is granted a limited, non-exclusive, non-commercial, revocable license to use the software for evaluation purposes only. The user agrees and accepts that any commercial use of the software requires a separate and royalty-bearing license.
The user is not allowed to transfer the right of use to third parties nor grant sublicenses, nor make the software available to third parties in any other way without our prior written consent.
Except as permitted by applicable law, the user must not (i) decompile, reverse engineer, disassemble or otherwise reduce the software to a human-perceivable form; (ii) modify, rent, lend, loan, distribute the software in whole or in part; (iii) change any proprietary rights notices which appear in or on the software; (iv) use the software for commercial purposes; or, (v) circumvent any security means or access control technology included in or with the software.
4.4 Any other use of the Platform and/or the contained software not set forth herein shall be excluded from the scope of this Right of Use. In particular, the user is not authorized to use names, trademarks, company marks, logos or other components of the Platform or HIGH MOBILITY outside the legally permitted free use.
4.5 HIGH MOBILITY does not warrant a specific availability of the Platform and/or any software provided via the Platform. This applies in particular for software which does not need to be downloaded.
4.6 In some cases the use of a software requires additional software products offered by third parties which need to be acquired and licensed by the user additionally. If this is the case it is mentioned on the Platform.
5. Suspension of Use
5.1 HIGH MOBILITY is entitled to suspend the user’s Right of Use (hereinafter referred to as “Suspension”) if HIGH MOBILITY has sustainable reasons to believe that the user misuses the Platform and/or any software.
5.2 HIGH MOBILITY will inform the user about the reasons of Suspension.
If the user provides any ideas, suggestions or recommendations to HIGH MOBILITY regarding any software or the Platform (“Feedback”), HIGH MOBILITY may use such Feedback and incorporate it in HIGH MOBILITY software, products, technologies and services without paying royalties to you and without any other obligations or restrictions.
7.1 The Platform and any software offered via the Platform are provided without any warranty. In particular HIGH MOBILITY does not provide assurances of particular features and usability.
7.2 As the Platform and the software are offered free of charge, the liability for deficiency in material and defects in title is limited to fraudulent concealment of defects by HIGH MOBILITY.
8. Limitation of Liability
8.1 HIGH MOBILITY assumes, for whatever legal reason, unlimited liability for damages caused by willful intent and gross negligence, which lead to the loss of life, bodily injury or impairment to health, in which the Produkthaftungsgesetz (German Product Liability Law) stipulates mandatory liability as well as in the cases in which HIGH MOBILITY has adopted a guarantee for the quality of the contractual object.
8.2 HIGH MOBITLIY is only liable for ordinary negligence insofar an obligation has been breached, whose fulfilment is of particular importance to the proper implementation of the contract (cardinal duty). Cardinal duties are those which are required to be fulfilled to achieve the purpose of the contract and those on whose compliance the user, as contractual partner, can trust upon regularly. The liability is limited to damages typically foreseeable for this kind of contract.
8.3 Any additional claims for damages are excluded.
8.4 The user’s claims for damages, for whatever legal reason, expire 12 months after the damage becomes known.
9. Choice of Law / Jurisdiction
9.1 This agreement and any disputes arising from or in connection with this agreement are subject to German law. If the user is a consumer the statutory provisions of the country of the European Union apply in which the user is ordinarily resident. UN law on sales shall not apply.
9.2 If the user is a consumer the statutory provisions apply with respect to the place of jurisdiction. If the user is not a consumer the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement shall be Berlin.