Körber Technologies GmbH Terms of Software Use

August 2024

Copyrights and Exploitation Rights All software products and software documentation contained in our scope of supply are protected by copyright either in our favor in the case of our own proprietary software ("Körber Software") or in favor of the software supplier from whom we have acquired a license in the event of software licensed by the software supplier ("Licensed Software").
All copyrights and exploitation rights are our property or the property of the software suppliers.
You will observe the copyrights and exploitation rights and in particular will not delete or alter the copyright notices.

Rights of Use On payment of the agreed purchase price or, if no separate purchase price for the software is agreed, on delivery of the products, we grant you, in respect of Körber Software or Licensed Software, the non-exclusive, perpetual, and non-transferable right to use the software products and their documentation for their intended purpose in accordance with the contract within your company. All rights to use the Licensed Software are subject to the restrictions agreed between the software supplier and us.
The right to use relates to the actual scope of supply in which the software is implemented or to the contractually agreed scope of use of the software.
You are not entitled to pass the software on to third parties. An exception to this provision is the transfer of integrated software when selling complete machines provided that reference is made to our copyrights and exploitation rights or those of the software suppliers.
We are under no obligation to give you the source code for the Körber Software or, unless explicitly agreed otherwise, to provide you with any updates of the Körber Software or Licensed Software.

Duplicating and Editing Rights Any recompilation, disassembly, or similar process designed to obtain the editable source code of the software is prohibited. Any duplication of software and documentation or their use in other applications, even partially, requires our prior written consent.
The making of a backup copy is excluded from this provision, on condition that you provide this with the corresponding copyright notices of the original.
In the event of the sale or other permanent transfer of complete machines including the transfer of integrated software to third parties, you will either hand over the backup copy to the third party or destroy it.
Any editing or altering of the software also requires our prior written consent unless it has been explicitly released for editing or altering.
Editing or altering the software renders all potential warranty claims against us null and void.

Responsibility for Data You are responsible for the use and protection of the data generated and saved by the software.

Intellectual property and data usage

Körber reserves the right to collect, analyze, and utilize data from its machines to optimize performance, predict maintenance needs, enhance product quality, and achieve other operational objectives.
Data that may be collected includes, but is not limited to:
•  Operational data
•  Performance data
•  Error and diagnostic data
Körber is committed to protecting the privacy and security of the collected data. This data will be used internally only. By using our machines, you consent to the collection, analysis, and utilization of your data in accordance with this clause. You have the right to revoke your consent at any time; however, such revocation may affect the continuous improvement of performance and functionality of the machines.
 
Data Utilization Agreement
1)         Collection and utilization of Digital Data
By accepting this offer, you agree that we may extract, collect, store, transfer, process, and utilize data generated from the operation and maintenance of machines, or the use of services or digital solutions supplied by us to you (hereinafter “Digital Data”) and any data based on or derived from Digital Data free of charge to develop and improve our products and services and to achieve other operational objectives in accordance with the provisions of this section “Digital Data”. Digital Data includes, but is not limited to operational data, performance data, statistical data, error and diagnostic data.
Notwithstanding the foregoing, we will not be granted any rights in any of your intellectual property rights comprised in Digital Data.
You have the right to revoke your consent to extract and collect Digital Data at any time for the future by written notice to us; however, such revocation may affect the continuous improvement of performance and functionality of the machines, services and/or digital solutions and might make the provision of certain services impossible.
2)         Confidentiality and security of Digital Data
We will protect the confidentiality and security of Digital Data and take appropriate technical and organizational measures to protect Digital Data against unauthorized access by third parties. Digital Data will - unless explicitly agreed with you otherwise for specific cases - be anonymized or aggregated so that none of your customer-specific content is identifiable. Digital data might be transferred to our affiliates as well as contracted third parties only for the business purposes of the Körber Group of companies. These provisions supersede any confidentiality and/or security provisions agreed otherwise between us.
3)         Personal Data
We will extract, collect, store, transfer, process, anonymize, utilize and erase personal data comprised in Digital Data in accordance with applicable data protection regulations (such as GDPR).
Claims in the Event of Infringements of These Provisions If there is a violation of these provisions we reserve the right to serve notice in respect of the rights of use and to claim damages.

License Provisions of the Software Suppliers Any further provisions issued by our software suppliers will be submitted to you if applicable.

Körber Technologies GmbH