End User License Agreement (EULA)

between HELLA Aglaia Mobile Vision GmbH (hereinafter “HAGL”) and the user (hereinafter “Licensee”).

1. General information

HAGL provides free firmware, updates (hereinafter referred to as „Software„) and additional information on the Software for download in the access protected customer area on the website www.people-sensing.com.

2. Contractual object

  • This EULA applies to all Software available for download on the website according to section 1 and provided by HAGL and grants the Licensee the rights of use described in section 4. All rights not expressly granted to Licensee hereunder are owned by HAGL or its licensors.
  • By downloading, installing, or otherwise using the Software as permitted in Section 4., Licensee agrees to be bound by this EULA.

3. Term and termination

  • This EULA comes into force upon the first download by Licensee and shall remain in effect until terminated by HAGL or Licensee. Upon termination of this Agreement, Licensee is obligated to permanently delete or destroy the Software. The obligation to delete or destroy does not apply to the Software already pre-installed when the HAGL People Counter is delivered to customers of Licensee.
  • The right to terminate this agreement for good cause remains unaffected.

4. Rights of use

  • HAGL grants Licensee a non-exclusive, non-transferable, royalty-free and perpetual right to use the Software available for download in connection with people counters from HAGL. All rights not expressly granted to Licensee hereunder are owned by HAGL or its licensors. The Software is made available to Licensee in object code.
  • The licensee may not
  • copy the Software, except for archiving purposes or when absolutely necessary for the authorized use;
  • modify, adapt or create derivative works from the Software;
  • remove, modify or obscure any product identification, copyright or other intellectual property notices contained within the Software; or
  • sell, rent, lease, loan, distribute, sublicense the Software or make it available to a third party or parts thereof without the prior written consent of HAGL. The aforementioned prohibition of use (iv) does not extend to Licensee who distributes the Software as a reseller in connection with the People Counter. For clarification purposes, this exemption does not apply to a business of distributing software only. Licensee may not publish, disclose, make available online, decompile, disassemble or reverse engineer the Software, except as otherwise provided by mandatory law or under Section 5.

5. Open source Software

Individual parts of the Software or even the entire Software may be subject to open source licenses. To the extent necessary for the lawful use of the Software, the applicable Open Source License Terms shall be set forth in the accompanying documentation of the Software. By using the Software, Licensee acknowledges these Open Source License Terms. Insofar as the validity of certain provisions is mandatory in the Open Source License, these provisions shall not apply in the event of contradictions to this Agreement (in particular the section 4. „rights of use“).

6. Warranty / Liability

  • HAGL makes no representations or warranties of any kind, including, but not limited to, that the Software:
  • is compatible with Licensee’s hardware or software;
  • is available at all times or at certain times without restriction;
  • meets Licensee’s requirements or other specific performance or functional requirements;
  • does not cause data loss;
  • is free from malware, malfunctions or other components that could endanger safety.
    • HAGL always endeavours to keep the Software virus-free, but does not guarantee that it is virus-free. Before downloading information, Software and documentation, the Licensee shall ensure appropriate security measures and virus scanners for its own protection and to prevent viruses.
    • If HAGL has caused damage through slight negligence, HAGL shall only be entitled to damages on the basis of the statutory provisions if essential contractual obligations have been breached. This claim for damages is limited to contract-typical damages and to an amount of EUR 1,000.
    • The limitation of liability does not apply in the case of intent or gross negligence or in the case of injury to life, limb and health.
    • Claims under the Product Liability Act (ProdHG) shall remain unchanged.

7. Miscellaneous

  • If any provision of this Agreement is found to be invalid, unlawful or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected. Additional agreements must be made in writing.
  • Place of jurisdiction is Berlin.
  • German law shall apply to the exclusion of the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods.


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Einkaufsbedingungen

2018