AMAZONE - USA
AMAZONEN-WERKE H. DREYER SE & Co. KG (“AMAZONE”)
Commercial Register of the District Court of Osnabrück
Commercial Register Number: HRA 2716
VAT ID number: DE117583895
Am Amazonenwerk 9-13
D-49205 Hasbergen – Germany
HD International SE (Societas Europaea), represented by the Executive Directors, Ludger Braunsmann, Dr. Stephan Evers, Andreas Hermeyer and Dr. Rainer Resch
offers you, with the AmaTron Twin application (hereinafter referred to as the "AmaTron Twin App") a programme that enables you to display the map view of an AmaTron 4 – with limited functional range – on a mobile device.
Please note that you need a mobile device, and may require additional hardware, to use the AmaTron Twin App.
2. Scope of application
3. Conclusion of contract and contract object
3.3 You are not authorised to reproduce the App in whole or in part. Furthermore, you may not decompile the AmaTron Twin App.
4. Conditions of use
4.1 The use of the AmaTron Twin App generally requires the following:
- The AmaTron Twin App may only be used with an AmaTron 4.
- The AmaTron 4 must be equipped with the AmaTron4 Connect.
- To use of the AmaTron Twin App you are required to register via your personal MyAmazone user account.
4.2 To use the AmaTron Twin App, you also need a mobile device that meets the following technical requirements:
- Due to technical developments in both mobile devices and the AmaTron Twin App, the technical requirements are regularly adjusted; we will keep you informed about this. We would like to point out today that future changes to the technical requirements may mean that you are no longer able to use the AmaTron Twin App, or to use it to its full extent.
4.3 Furthermore, you need the following additional hardware to use the AmaTron Twin App (depending on the function):
- AMAZONE WiFi Stick for the AmaTron 4 (included in the AmaTron 4 Connect Package)
The hardware in your AmaTron 4 must be properly installed, operational and the mobile device must be connected to the Internet/mobile network.
4.4 Use of the AmaTron Twin App requires, for the one-time activation of the App on your mobile device, an internet connection with adequate speed for data transfer. This may incur costs that must be borne by you. Please note that full use of the AmaTron Twin App may therefore be limited to the reception and transmission range of your network operator's base stations.
4.5 The AmaTron Twin App service is only available in Germany, France, the Netherlands, Belgium, Denmark, Switzerland, Norway, Sweden, Finland, Poland, Ireland, Latvia and the United Kingdom.
5. The AmaTron Twin App functions and scope of performance
5.1 The AmaTron Twin App functions include:
- Representation of the map view of an AmaTron 4 on a mobile device
- Execution of the selected function of the GPS switch application
5.2 We reserve the right to modify the scope of performance of the AmaTron Twin App, insofar as this modification is reasonable in relation to the total scope of the agreed service. A modification of the scope of performance is specifically permissible where:
- additional performance functions or an extension of existing performance functions are offered;
- the modification of the scope of performance is not essential, but is necessary due to technical innovations or new regulatory requirements;
- the calculation parameters essential for the service have subsequently changed, if this change was not reasonably foreseeable when the contract was concluded, the modification does not constitute an essential change in the scope of performance, and is necessary to ensure profitability of the AmaTron Twin App offer; or
- technical changes to the AMAZONE machine(s), to which the AmaTron Twin App service relates, require this modification.
5.3 We will offer you further modifications to the scope of performance, for which the aforementioned requirements do not exist, in writing or via an electronic communication channel (e.g. email) in good time, before they come into effect. These become part of the contract if you agree to them. If you do not agree to the additional modification we offer within a reasonable period of at least four weeks, determined by us, or you withdraw your consent, we are entitled to terminate the existing usage contract by the planned date of entry into force of the modification. In this case, we will refund the payment made by you for the entire term of the contract on a pro rata basis.
5.4 The services provided as part of the AmaTron Twin App are rendered exclusively via electronic communication channels (e.g. internet, mobile radio).
5.5 With regard to the accuracy of data and information and the availability of the services of the AmaTron Twin App, we expressly refer you to Note 8.
The right to use the AmaTron App shall expire automatically when the licensing agreement between the authorised dealer and the customer, as part of the AmaTron4 Connect, expires.
7.1 The AmaTron Twin App can be downloaded free of charge. Additional costs are only incurred for the extra hardware that may be required for individual functions, and for activation of the functions (please see § 4). Furthermore, we do not charge a separate fee for the use of the AmaTron Twin App for the duration of the contract.
7.2 The costs for data transmission for the use of the AmaTron Twin App must be borne by you.
8. Availability and warranty
8.1 We give no guarantee and assume no liability for the accuracy of the information provided, the security of the AmaTron Twin App and its uninterrupted availability. The setting values suggested in the AmaTron Twin App for the AMAZONE machine merely represent recommendations and do not replace an independent verification by the user.
8.2 The provision of the service presupposes a proper functioning and operational mobile device. An impaired or delayed data transmission may therefore lead to a malfunction of the AmaTron Twin App. Services may also be affected by atmospheric conditions, topographical factors, the position of the AMAZONE machine or physical obstacles (e.g. bridges and buildings).
8.3 Furthermore, availability may be affected due to force majeure, including strikes, lockouts and official orders, as well as due to short-term capacity bottlenecks resulting from peak loads on the services, or from malfunctions in third-party telecommunications systems.
8.4 We are not responsible for the proper functioning and operability of your mobile device, you are.
9. User information
The AmaTron Twin App can never replace the operating instructions for your AMAZONE product. Therefore, always follow the operating instructions for safe handling of one of our products. Ensure that the AmaTron 4 for use with the AmaTron Twin App, is operated by people who are sufficiently familiar with it and trained.
10.1 We shall assume no liability for the consequences of disturbances, interruptions and functional impairments to the services, especially not in the cases described in Notes 8 and 9.
10.2 We assume unlimited liability for claims due to damages caused by us, our legal representatives, or vicarious agents involving:
10.2.1 injury to life, body or health,
10.2.2 intentional or grossly negligent breach of duty,
10.2.3 promise of guarantee, if any, and
10.2.4 provided that the scope of the Product Liability Act is established.
10.3 If we, our legal representatives or our vicarious agents breach essential contractual obligations, the fulfilment of which enables the proper enforcement of the contract in the first place, and on the observance of which you can trust (cardinal obligations), simple negligence, our liability is limited in its amount to the foreseeable, typically occurring damage at the time of the signing of the contract.
10.4 Otherwise, we are not liable for damage compensation.
11. Sale or permanent transfer of the machine
11.1 You cannot transfer your existing user contract with AMAZONE to third parties via the AmaTron Twin App without our consent. This also applies in the event that you sell your AMAZONE machine to a third party or pass it on permanently.
11.2 You are obligated to inform the third party to whom you sell your AMAZONE machine or to whom you permanently pass on your AMAZONE machine, about all activated or deactivated services within the AmaTron Twin App.
12. Data Protection
Here, we refer you to our data protection declaration for the AmaTron Twin App, which you can view in the AmaTron Twin App, the respective store for the App purchase and at [ https://amazone.de/de/produkte-digitale-loesungen/digitale-loesung/software/agapps/datenschutzerklaerung-amatron-twin-66368 ].
13. Final provision
13.1 The exclusive place of jurisdiction is D-49205 Hasbergen, Germany. We also have the right to file a suit before the competent court at the customer’s place of residence, or before any other court that may have jurisdiction under national and international law.
13.2 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.