SPECIFIC TERMS AND CONDITIONS OF SERVICE
THE SERVICE IS OFFERED BY HAGER FOR THE COUNTRIES WHERE HAGER ACTIVELY MARKET THE HAGER POWER SETUP AND FOR PROFESSIONAL CLIENTS ONLY. IT IS THE OBJECT OF THESE SPECIFIC TERMS AND CONDITIONS OF SERVICE.
HAGER POWER SETUP IS AIMED AT PROFESSIONAL CLIENTS ONLY AND MUST BE INSTALLED BY A PROFESSIONAL INSTALLER DULY AUTHORIZED BY HAGER, USING THIS SOFTWARE AS PART OF THEIR BUSINESS OR PROFESSIONAL ACTIVITY.
THESE SPECIFIC TERMS AND CONDITIONS GIVE YOU SPECIFIC LEGAL RIGHTS AND ALWAYS PREVAILS OVER GENERAL CONDITIONS. IN ADDITION, YOU MAY ALSO ENJOY THE PROTECTION AFFORDED TO YOU BY MANDATORY PROVISIONS OF THE LAW OF YOUR COUNTRY OF THE INSTALLATION. THE PRESENT DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL NOT APPLY IF AND TO THE EXTENT THAT THOSE MANDATORY PROVISIONS ARE APPLICABLE AND PROHIBIT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
DEFINITIONS:
Country of Distribution is each country in which a company of Hager Group actively distributes the service according to appendix
Hager Group is Hager SE, Zum Gunterstal, 66440 Blieskastel, Germany, and any entity that directly or indirectly is controlled by Hager SE where the term “control” means holding the ownership of fifty percent (50%) or more of the voting stocks or interests or the power to elect the board of directors.
Hager is the company in charge of you depending on the country of installation (see appendix 1).
Mobile device: PC on which the Software product are installed.
Products are the physical products the Software products are interacting with.
Reference user is the person who create and is connected to the Software products on his myHager account.
Software products are the computer programmes on which the service is based.
Terms and Conditions of Service are the terms and conditions of service specified in Sections A and B.
YOU MUST ACCEPT THE FOLLOWING TERMS AND CONDITIONS ON THE PROVISION OF THE SERVICE AND END-USER LICENCE AGREEMENT FOR SOFTWARE PRODUCTS IN ORDER TO BE ABLE TO USE THE SERVICE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS IN WHOLE OR IN PART, YOU WILL NOT BE GRANTED ACCESS TO THE SERVICE.
THE AGREEMENTS (TERMS AND CONDITIONS ON THE PROVISION OF THE SERVICE AND END-USER LICENCE AGREEMENT FOR SOFTWARE PRODUCTS) CONCLUDED BETWEEN YOU AND HAGER GOVERN YOUR USE OF THE SERVICES AND THE ESSENTIAL SOFTWARE PRODUCTS. IF YOU CLICK ON ‘I ACCEPT’, YOU AGREE THAT THESE TERMS AND CONDITIONS ARE APPLICABLE WHEN YOU ACCESS OR USE THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR COUNTRY OF INSTALLATION AND THE LOCATION OF THE PRODUCTS INSTALLED WITH THE SOLUTION ARE IN A COUNTRY OF DISTRIBUTION.
A. PROVISION OF THE SERVICE
I. USE OF THE SERVICES
1. Registration
1.1 The setting up and/or the configuration with our HAGER POWER SETUP is reserved for suitably qualified professional (please consult the user manual accompanying the Software product information and/or related Products information for details).
1.2 In order to be able to use in these cases the service and/or to activate device with HAGER POWER SETUP, you must register on www.hager.com an account and, download and install the Software HAGER POWER SETUP. This registration can require giving the email address (= user identification), an individual user password, the name, area of business as well as the business name, street, house number, postal zip and country of the professional. For further details, please refer to the website Privacy Notice.
1.3 As a professional installer, you accept that the time setup, your first name and last name of your account on hager.com website is stored and accessible on the Products. Those information are stored as evidence you have performed the setting up and/or the configuration of the Products, until a new configuration or modification is performed with HAGER POWER SETUP.
1.4 After the setting up and/or the configuration of the Products, you can request for an export of these parameters on a PDF file. As a professional installer this PDF file automatically includes first name and last name of your account on hager.com website. Hager could not guarantee that there is no changes after this export. It only shows the value at the “export” time. The professional shall be solely responsible for fault in registration. For further information about the registration process, please consult the user manual accompanying the Software product information and/or related Products information for details.
2. System requirements / compatibility:
For the system requirements please refer to the Software product information. Hager assumes no warranty or liability for the compatibility of your Mobile device with the Software products.
3. Third-party supplier fees. The system uses an Internet connection for the installation and the user authentication. The use of this service requires the transmission of a certain volume of data via the respective connections. It is necessary to ensure an appropriate volume of data is available for the Internet connection at the installation site of HAGER POWER SETUP and, if applicable, on your computer. For further information on the applicable fees, data volume available, usage restrictions and other provisions on performance please contact the respective Internet or mobile service provider. We accept no liability for any fees accrued from third-party suppliers.
4. Unauthorized use. The system shall exclusively be used conforming to the operating and installation instructions. In particular it is prohibited to use the service for purposes other than those intended, in particular in a threatening, detrimental, abusive, defamatory, offensive, slanderous, denigrating, false, improper or otherwise illegal or inappropriate way or to access, gather, store or use the personal data of third parties without their consent.
Also prohibited is any use of the service which unreasonably or disproportionately encumbers the infrastructure of Hager or its business partners or which alters, damages or deletes content provided by Hager.
The service is not intended for use in high security sectors, such as nuclear power engineering, in life-sustaining systems, in emergency communication systems, in aircraft navigation or communication and, generally, in such systems and environments, including corridors and emergency exits, which may result in death, injury, or serious personal or environmental damage in the event of a malfunction of the service.
5. Updates. The software products are to be maintained by Hager and modified or updated in the course of time as required. We perform these updates in the form of error corrections, patches, extended functions and new versions by means of standard procedures in the operating system of HAGER POWER SETUP or via the commercial App platform. Depending on the type of update, your consent may be required, e.g. for legal or technical reasons, in order to be able to continue using the services without restrictions. Hager accepts no liability for any errors of the service attributable to your failing to download or to download completely and/or to install updates already available to you.
To the extent permitted by law, you have no claim for software updates.
6. Intellectual property. Hager and its affiliates are owners of the copyrights, brands and other intellectual property rights to all the content displayed with and by the service. You may not, without our prior written consent, reproduce, alter or use such materials or content to the benefit of third parties, or compile, advertise, create, realize, publish, disseminate, distribute, communicate or broadcast works derived therefrom or put such into circulation (including the display or dissemination of such materials on third-party websites); excluded therefrom is the use of the service for the purposes intended in accordance with these Terms and Conditions of Service.
7. Access from outside a Country of Distribution. For information about the Countries of Distribution, please refer to Appendix 1. If you access and benefit from the service from outside a Country of Distribution, you do so on your own initiative, and you are solely responsible for complying with applicable local laws in your country of residence. To the extent permitted by law, Hager accepts no responsibility or liability for damages or loss caused by your access or use of the service from outside a Country of Distribution.
II. RESTRICTIONS ON THE SERVICES AND EXCLUSION OF LIABILITY
1. Events beyond the control of Hager. You accept that the service is subject to limitations and restrictions over which Hager can have no influence, including the reasonable care of HAGER POWER SETUP in accordance with the respective instructions for use, the capacities of your wireless network, Internet availability, environmental influences (e.g. buildings, weather, geography and topography), atmospheric conditions and other factors which may affect the use of the Internet or of satellites and satellite data. Furthermore, the software services and network availability are dependent on third-party providers and are by nature server-based services. In view of this fact, Hager is not in a position to guarantee uninterrupted availability, accuracy, completeness or punctuality of the service.
2. Restrictions and alterations of the services. Hager reserves the right to interrupt and suspend access to the service temporarily and for as long as this is necessary for compelling reasons, such as in the case of essential maintenance work on the servers or infrastructure, of software updates or unauthorized attacks on data. Furthermore, Hager reserves the right to alter the service (or parts or content thereof) and access procedures if and to the extent to which this is deemed to be acceptable to you in consideration of the interests of Hager. Whenever possible, we will advise you in advance of any alterations, suspension or interruptions. Hager assumes no liability to you or third parties if Hager alters, suspends or interrupts the services in such a way.
3. Liability
3.1 Subject to the provisions in 3.2, Hager’s liability, irrespective of their legal grounds, shall be restricted as follows:
(i) Hager shall only be liable up to the amount of foreseeable damages typical for the contract,
(ii) Hager is not liable for slight negligence in breach of non-essential obligations arising from the contractual obligations.
3.2 The aforementioned liability limitations do not apply in cases of mandatory liability under the law, in particular in accordance with Product Liability Law, in the case of having provided a guarantee or of culpable injury to life, limb or health.
III. RESPONSIBILITY OF THE REFERENCE USER
The Reference user is not only responsible for personally complying with the obligations arising from these terms and conditions of service but also for all the users of the services with his personal account, irrespective of whether or not such use has been authorized by the reference user.
IV. DATA PROTECTION
Hager does not process personal data. HAGER POWER SETUP is an on-premise software which is installed and runs on the computer you are using. The software uses only the first and last name of your website account on hager.com to facilitate your use and to track changes to the product.
Those information are downloaded and/or updated at each new connection to your computer in order to save it on the product when you make a set-up or a modification with the software and to complete the PDF report.
Hager does, however, process personal data in connection with your use of the website. For more information please consult the applicable PRIVACY NOTICE of the HAGER Website (MyHager).
V. NOTICE OF TERMINATION
Notwithstanding other rights and legal claims, Hager is entitled, for good cause without giving notice of termination, to terminate this contract with you, to block access to the Software products and to deactivate your account, especially if you or another user have not fulfilled an essential contractual obligation, have continuously failed to fulfil contractual obligations and such breach of the contract cannot be remedied or you do not remedy the breach of contract within the period specified for remedy thereof. Hager is also entitled to terminate the access to the Software products at any time due to technical obsolescence or for reasons which have an impact on the functionality. Hager is not liable to you or third parties if Hager has exercised its right to terminate the contract.
VI. ASSIGNMENT OF CONTRACT
Hager are entitled to assign the rights and obligations arising from the agreements in accordance with Sections A and B in full discharge to one of our affiliates. If Hager exercise this right of assignment, you are entitled to terminate the agreements with immediate effect.
VII. APPLICABLE LAW AND PLACE OF JURISDICTION
These conditions are governed by and construed in accordance with the laws of France.
We both agree to submit to the non-exclusive jurisdiction of the courts of Strasbourg, which means that you may bring a claim to enforce your client protection rights in connection with these Terms and Conditions of Service in Strasbourg only.
Please contact us with questions and problems directly, so we can directly clarify your concerns in direct exchange.
B. END-USER LICENCE AGREEMENT FOR SOFTWARE PRODUCTS
The Software products, which are in part available online, will be licensed to you. Your licence for these Software products requires your prior consent to this end-user licence agreement in accordance with Section B. Your licence for the use of the software products under these terms and conditions will be granted to you by Hager and or any other group company of Hager SE, Zum Gunterstal, 66440 Blieskastel, GERMANY, HRB 16434 Amtsgericht Saarbrücken, represented by us. The publisher and Hager reserve all rights in and to the software products, which have not been expressly granted to you under the terms and conditions of Section B.
The licence for the software products issued to you for the use of the services is limited to the granting of non-transferable rights to the use in accordance with these Specific Terms and Conditions of Service. This licence does not allow you to distribute the software products or to make them available via a network. You may not rent out, loan, sell, assign, redistribute or sublicense the Software products. You may not copy (unless this is expressly permitted by this licence and the terms of use), decompile, reverse engineer, or disassemble the Software products, updates of the Software products or parts thereof, or attempt to obtain the source code of the Software products, or process the Software products or create works derived from the Software products (unless and insofar one of the limitations specified is inadmissible under current law or the terms of the licence governing the use of an open-source as part of the licensed application allow this – refer to Appendix 2 for the list of third-party software components). Any attempt to do this is immediately deemed to be in breach of our rights as licensor.
The terms of this license are also applicable to all updates, which are provided by us or the publisher, and which replace or supplement the original software products, unless such updates are subject to a separate licence. In this case the update is governed by the terms of the separate licence.
21rst of May 2021
Appendix 1
| Country of Distribution | Company in charge of You |
|---|---|
| Germany | Hager Vertriebsgesellschaft mbH Co. KG, Zum Gunterstal, 66440 Blieskastel, Germany |
| Poland | Hager Polo Sp. z o.o , 43-100 Tychy, ul. Fabryczna 10, Poland |
| France | Hager SAS 132 boulevard d’Europe 67215 Obernai, France |
| Switzerland | Hager AG, Sedelstrasse 2, 6020 Emmenbrücke, Switzerland |
Appendix 2
The Software product integrates third-party software components which are subject to specific open source licenses and consequently not governed by the provisions of the Terms and Conditions of Service. The list of components is provided to you in the following list and you can obtain the full source code and corresponding software free from our Software product by following the corresponding URL.
| Component | Version | Site | License |
|---|---|---|---|
| EEPlus | 6.0.6 | https://epplussoftware.com/ | MIT License |
| ExcelDataReader | 3.6.0 | https://github.com/ExcelDataReader/ExcelDataReader | MIT License |
| ExcelDataReader.DataSet | 3.6.0 | https://github.com/ExcelDataReader/ExcelDataReader | MIT License |
| ExpertPdf.HtmlToPdf.NetCore | 17.0.0 | https://www.html-to-pdf.net/ | License purchased |
| Handlebars.Net | 2.1.2 | https://github.com/Handlebars-Net | MIT License |
| Handlebars.Net.Helpers | 2.3.5 | https://github.com/Handlebars-Net/Handlebars.Net.Helpers | MIT License |
| Haukcode.WkHtmlToPdfDotNet | 1.5.85 | https://github.com/HakanL/WkHtmlToPdf-DotNet | LGPL-3.0-or-later |
| IdentityModel.OidcClient | 5.0.2 | https://github.com/IdentityModel/IdentityModel.OidcClient | Apache License 2.0 |
| iTextSharp | 5.5.13.3 | https://itextpdf.com/en | GNU Affero General Public License |
| LibCom4Lagan | 1.0.30 | Hager component - Communication library | Hager |
| Microsoft.Bcl.AsyncInterfaces | 6.0.0 | https://github.com/dotnet/runtime | MIT License |
| Microsoft.Extensions.Configuration.Binder | 6.0.0 | https://github.com/dotnet/runtime | MIT License |
| Microsoft.Extensions.Configuration.Json | 6.0.0 | https://github.com/dotnet/runtime | MIT License |
| Microsoft.Extensions.DependencyInjection | 6.0.0 | https://github.com/dotnet/runtime | MIT License |
| Microsoft.Extensions.Options.ConfigurationExtensions | 6.0.0 | https://github.com/dotnet/runtime | MIT License |
| Microsoft.NET.Test.Sdk | 17.3.0 | https://github.com/microsoft/vstest/ | MIT License |
| Microsoft.Web.WebView2 | 1.0.1293.44 | https://docs.microsoft.com/fr-fr/microsoftedge/webview2/ | MIT License |
| Microsoft.Xaml.Behaviors.Wpf | 1.1.39 | https://github.com/Microsoft/XamlBehaviorsWpf | MIT License |
| Newtonsoft.Json | 13.0.1 | https://www.newtonsoft.com/json | MIT License |
| Nlog | 5.0.2 | https://nlog-project.org/ | Jaroslaw Kowalski, Kim Christensen, Julian Verdurmen |
| NUnit | 3.13.3 | https://nunit.org/ | MIT License |
| NUnit3TestAdapter | 4.2.1 | https://docs.nunit.org/articles/vs-test-adapter/Index.html | MIT License |
| PhysicalLayerCP2110 | 1.0.1 | Hager component - Physical Layer | Hager |
| PhysicalLayerFT232R | 1.0.0 | Hager component - Physical Layer | Hager |
| Shouldly | 4.0.3 | https://github.com/shouldly/shouldly | BSD-2-Clause License |
| System.IdentityModel.Tokens.Jwt | 6.22.0 | activedirectoryidentitymodel-extensions-for-dotnet | MIT License |
| System.Security.Crytpography.ProtectedData | 6.0.0 | https://github.com/dotnet/runtime | MIT License |
| System.Text.Encoding.CodePages | 6.0.0 | https://dotnet.microsoft.com/en-us/ | MIT License |
| xuni | 2.4.2 | https://github.com/xunit/xunit | Apache License 2.0 |
| xunit.runner.visualstudio | 2.4.5 | https://github.com/xunit/visualstudio.xunit | MIT License |