These App Terms of Use (the “Terms”) govern the rights to and use of mobile applications made available by or on behalf of DeLaval International AB, corporate registration number 556012-3928, P.O. Box 39, Gustaf de Lavals väg 15, SE 147 21 Tumba, Sweden (“DeLaval”), and all documentation, data and online services made available or generated through or in connection with such mobile applications (collectively the “Apps”). By installing or using any App, you and any individual or entity on whose behalf you are acting (collectively “You”), agree to follow and be bound by these Terms. If you or any such individual or entity does not agree to these Terms, or if you are not authorised to agree, You are not allowed to use or otherwise exploit the App.
Your privacy is important to DeLaval. Please read the DeLaval App Privacy statement, which describes when, how and for what purposes data will be processed (e.g. collected, generated, held, used and disclosed) in connection with the Apps. By installing or using the App, You consent to the processing of data described in the DeLaval App Privacy statement and grant DeLaval Holding AB and each entity directly or indirectly controlled by DeLaval Holding AB (the “DeLaval Group”), which includes DeLaval, a perpetual, royalty free, transferrable, sub-licensable and worldwide licence to process the data as set out therein. If You withdraw Your consent, You must immediately cease all use of the App and destroy all copies, full or partial, of the App.
If the App is designed to operate on a device that run any Apple Inc. mobile operating system (e.g. Apple iOS), the “Licence Application End User License Agreement” published by Apple Inc. (http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/) shall govern the rights to and use of the App instead of the remainder of these Terms, except that section 17 below (Applicable Law and Disputes) shall govern applicable law and dispute procedure.
You have a limited non-exclusive, non-assignable, non-transferable, non-sublicensable license to install and use the App in object code form on a mobile device that You own or control, but solely for the App’s intended purpose and solely for Your internal business operations, and subject to Your acceptance and compliance with these Terms and payment of applicable license and/or subscription fees (the “License”).
You may allow Your employees, representatives, contractors and agents to use the App on Your behalf pursuant to the License, but is liable for all acts and omissions of such individuals and entities (whether authorised by You or not) as if that was acts and omissions of You.
The License is effective until terminated by You or DeLaval. The License terminates automatically in the event DeLaval withdraws Your right to use the App under section 9 (Suspension and Withdrawal). Upon termination of the License, You shall immediately cease all use of the App and destroy all copies, full or partial, of the App.
To use the App, You may have to register an account. You shall ensure that any information submitted to the DeLaval Group in connection with the registration and otherwise is truthful and accurate and shall maintain the accuracy of such information (including Your email address). The credentials (e.g. license key, user name and password) assigned or created for use of the App (if any) must be kept confidential by You and You must not disclose Your credentials to any third party or otherwise allow any third party to access the App (except as explicitly permitted by these Terms). If You have reason to believe that a third party has gained unauthorised access to Your credentials or to the App, You must immediately notify DeLaval.
You may use the App only in accordance with these Terms and applicable laws and regulations and must not otherwise exploit the App. Without limiting the foregoing, it is specifically noted that You must not:
DeLaval (or, as applicable, its affiliates or licensors) owns and retains all rights, titles and interests in and to all trademarks, trade names, patents, copyrights, neighbouring rights, confidential information, trade secrets, know-how and other intellectual property and intellectual property rights (whether or not any of them are registered, and including applications for registration of any of them) in or related to the App. All rights not expressly granted in these Terms are reserved by DeLaval.
For the avoidance of doubt, except to the extent explicitly agreed in writing, DeLaval does not have any obligation to provide any support, maintenance or other service in relation to the App.
You shall indemnify and hold the DeLaval Group harmless against any and all liability, claims, loss, damage, costs and expenses (including reasonable attorney fees) incurred or suffered as a result of any violation of these Terms or any negligence on the part of You, including any claim or demand made by any third party due to or arising out of any access to or use of the App, violation of these Terms, infringement or violation of any intellectual property right or any other right of any person or entity, by You or any third party using Your App account or App credentials.
DeLaval may at any time suspend Your right to use the App if You have not paid applicable license and/or subscription fees or if, in DeLaval’s reasonable opinion: (a) You have violated these Terms; or (b) Your access or use of the App pose a threat to the security or functionality of the App or any related service or system. DeLaval will notify You of the suspension. If the cause of the suspension is reasonably capable of being cured, DeLaval will use reasonable efforts to re-establish Your access to the App promptly after DeLaval determines, in its reasonable discretion, that the cause of the suspension has been cured. DeLaval may permanently withdraw Your right to use the App if the cause of the suspension is not reasonably capable of being cured or the suspension is not cured within 30 days after DeLaval’s initial notice thereof.
To the maximum extent permitted by applicable law, the App is provided "as is" and “as available” without any warranty, express, implied or otherwise, as to the accessibility, quality, suitability, security or accuracy of the App and with all warranties and conditions of merchantability, fitness for a particular purpose, title or non-infringement being expressly disclaimed. This disclaimer is applicable to any damage or injury resulting from negligence or omission of any entity in the DeLaval Group, from computer virus or other similar item, from telecommunications errors, or from unauthorized access to or use of Your information through theft or any other means. Neither the DeLaval nor any of its affiliates (e.g. the DeLaval Group) is liable for any criminal, tortious, or negligent act or omission of any third party that may affect the App.
Neither DeLaval nor any other entity in the DeLaval Group is liable under contract, tort, strict liability, negligence or other legal theory for any damage or loss (whether direct, indirect, incidental, special, punitive, consequential or other damage or loss), including lost profits and loss of data, or for any cost or expense, arising from or relating to these Terms or the use or inability to use all or part of the App, even if advised of the possibility of such damage, loss, cost or expense.
Any claim or cause of action by the You arising from or relating to these Terms or the use or inability to use all or part of the App must be filed within one year after such claim or cause of action arose, or will be forever barred.
The limitations of liability set out above in this section do not apply to the extent the relevant loss or damage is caused intentionally (wilful misconduct) or with reckless disregard for the consequences of its acts (gross negligence). Furthermore, nothing in these Terms shall limit or exclude any liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence or for any other liability that may not be so limited or excluded under applicable law.
The App may contain third party software that is licensed under separate terms and conditions, as further specified in the App’s specification, documentation or readme or notice files. In addition to these Terms, You must comply with such separate terms and conditions to be allowed to use the App.
The App may link to third party web sites or services. DeLaval is not responsible for such web sites or services or for any goods or services offered through or in connection with such web sites or services.
These Terms shall govern any upgrades that replace or supplement the App, unless such upgrade is accompanied by separate terms, in which case such terms will apply.
DeLaval may occasionally, at its discretion, make changes to these Terms. You will be notified that Terms have changed and Your continued use of the App after such notification constitutes Your acceptance of the changes, which shall enter into force on the date of such continued use.
Notices to DeLaval relating to these Terms shall be sent by letter to the address set out in section 1 in an envelope marked “DeLaval App Terms of Use” with attention “Legal Affairs”. Notices to You may be announced in the App or sent by mail or email to Your registered postal address or to any postal address or email address which You have notified or used in relation to the App or in communication with the DeLaval Group.
These Terms set out the full scope of obligations and liabilities of DeLaval in relation to the App and any and all obligations and liabilities of DeLaval provided by law and possible to exclude are hereby excluded. Representations, promises and conditions related to the App but not explicitly set forth in these Terms are not binding on DeLaval.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain effective and such provision shall be replaced with another provision consistent with the purpose and intent of these Terms.
You may not assign or otherwise transfer any right or obligation under these Terms without prior written consent of DeLaval. DeLaval may assign its rights and obligations under these Terms to any other entity in the DeLaval Group.
These Terms and any contractual or non-contractual obligations arising out of or in connection herewith are governed by and shall be construed and interpreted in accordance with the laws of Sweden, excluding its conflict of law rules. Any dispute, controversy or claim arising out of or in connection with these Terms or any contractual or non-contractual obligation arising out of or in connection herewith, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of the arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English, unless otherwise agreed between the parties. The arbitral proceedings and the information and documentation disclosed in connection with the arbitration shall be kept confidential by all parties involved. Notwithstanding the above, DeLaval is always entitled to petition courts and authorities in any relevant jurisdiction, as well as to seek injunctive relief and other interim measures, to enforce the DeLaval Group’s intellectual property rights and/or secure claims of any payments due.