Professional

VIVARES Cloud Services Terms of Use

(last update: June 2021)


1. Subject of these Terms of Use

1.1 VIVARES Cloud Services is an online service of LEDVANCE GmbH with its registered office in 85748 Garching near Munich, Germany (hereinafter "LEDVANCE") which is provided to authorized users as a browser-based application (hereinafter: the "Cloud Services"). Access to the Cloud Services requires a valid subscription of the VIVARES Cloud Services and a user registration.


1.2 You acknowledge having read and understood these Terms of Use in their entirety, and you agree to be bound by all of the provisions of these Terms of Use without limitation. If you do not wish to accept all of the Terms of Use, you are not authorized to use the Cloud Services and must discontinue use immediately.

1.3 If you agree to these Terms of Use on behalf of a legal entity, such as the company for which you work, you represent and warrant that you are acting on behalf of the company and are authorized to make and receive legally binding declarations on its behalf.

2. Registration, Login Data, Security of the User Account, Obligations of the User

2.1 In the registration mask at the unique URL <ORG-NAME> .dalipro.io, you must provide your username, a valid e-mail address, and a password (collectively, "Login Data") and agree to the Terms of Use. Following registration, your account must be activated before you can use the Cloud Services.

2.2 After successful registration and activation, you will have a user account with individual Login Data and user rights through which you can use the Cloud Services in accordance with these Terms of Use.

2.3 Your Login Data is personalized. You are obligated to handle your Login Data with care, to keep them safe and protect them against access by third parties in accordance with the state of the art. In particular, you are prohibited from disclosing your Login Data to third parties and/or allowing third parties to access your user account in any other way. If you lose your password or if you suspect that a third party has gained access to your password, you are obliged to immediately notify LEDVANCE and to change the password. You will also notify LEDVANCE immediately of any unauthorized use of your account or any other known or suspected breach of security or confidentiality. If you breach these obligations and your user account is misused, you will be liable for all activities that occur using your user account. You will not be liable if you are not responsible for the misuse.

2.4 You are obliged to take the necessary precautions to secure your systems, in particular to use the current security settings of the browser and to use up-to-date protection mechanisms to ward off malware.

2.5 You will not use technologies that compromise the functionality or security of the Cloud Services.

3. Rights of Use, Term, Open Source Components

3.1 Subject to your compliance with these Terms of Use, LEDVANCE grants you a personal, revocable, nonexclusive, non-transferable, limited right to use the Cloud Services for the purposes agreed to in these Terms of Use and in accordance with applicable law.

3.2 Insofar as computer programs are made accessible to you within the framework of the Cloud Services, changes to the computer programs as well as error corrections are permitted to the extent that they are necessary for the intended use of the computer programs. A reverse translation (decompilation) of the program code into another form of presentation is prohibited. Excepted from this is a partial translation for the purpose of establishing interoperability of an independently created computer program with a provided computer program or with other computer programs under the restrictions specified in § 69e UrhG (German Copyright Code).


3.3 The rights of use are granted to you for as long as you are activated as a user, but at the longest for the duration of the subscription. Your rights of use expire in any case if your user account is suspended or cancelled.

3.4 The Cloud Services use open source components that are subject to additional prevailing license terms. The open-source components and the corresponding license terms can be found in the Open-Source Declarations listed on the LEDVANCE Website at https://www.ledvance.com/professional/products/product-stories/vivares/open-source-declarations.

4. Restrictions on Use, Suspension/Cancellation of the User Account

4.1 You are not allowed and you must not allow others to

a) Transmit or distribute using the Cloud Services any code intended to harm or change a network, computer, mobile device, the Cloud Services, devices of the lighting installation, or the software embedded in devices of lighting installation;

b) Interfere with, disrupt, or attempt to gain unauthorized access to the servers, devices, and networks connected to the Cloud Services or any other servers, devices, or networks, or violate the policies of such networks;

c) Violate any industrial property rights, copyrights, personal, proprietary and other rights of third parties using the Cloud Services;

d) Attempt to access the Cloud Services other than through an interface provided by LEDVANCE;

e) Decompile, reverse engineer, disassemble, or decrypt the Cloud Services, deices of the lighting installation, or software embedded in devices of the lighting installation;

f) Make any modification to or derivative work from the Cloud Services;

g) Violate any policies, laws or regulations governing the use of the Cloud Services, including export controls and international trade laws;

h) Use the Cloud Services to create a competitive or similar product or service;

i) Remove, disable, circumvent any copy protection, rights management, security features or proprietary notices in the Cloud Services, the lighting installation devices or the software embedded in the lighting installation devices; or

j) Send spam or distribute malware.


4.2 LEDVANCE is entitled to suspend or cancel your user account without prior notice if there are indications of unauthorized access or use of the user account or if LEDVANCE has reasonable grounds to suspect that you have failed to comply with any of the provisions of these Terms of Use, in particular clause 4.1, violate any applicable laws, regulations, licenses or terms of use, or use the Cloud Services improperly or inappropriately, and in particular if LEDVANCE determines that your use of the Cloud Services or your registration for the Cloud Services:

a) Is unlawful or fraudulent;

b) Poses a security threat to the Cloud Services, LEDVANCE or its affiliates, or a third party;

c) May adversely impact the integrity of the Cloud Services or the systems or content of a LEDVANCE partner or another End User;

d) May subject LEDVANCE, its affiliates or any third party to liability; or

e) Exceeds the authorized scope of use.


4.3 LEDVANCE accepts no liability whatsoever in connection with the suspension or cancellation of your user account.

5. Confidential Information, Intellectual Property Rights, Trademarks

5.1 The Cloud Services contain proprietary and confidential information that is protected by intellectual property laws and treaties. The Cloud Services are the intellectual property of LEDVANCE or its affiliated companies within the meaning of §§ 15 et seq. of the German Stock Corporation Act (hereinafter "Affiliated Companies") or their licensors, which reserve all rights not expressly granted in these Terms of Use.

5.2 All trademarks, logos and service marks (collectively the "Marks") displayed in the Cloud Services are the property of LEDVANCE, its Affiliated Companies or licensors. You are not authorized to use any of these trademarks without the prior written consent of the respective trademark owner.

6. Privacy Policy, Data Security

6.1 Any personal data collected from you by LEDVANCE will be processed in accordance with the provisions of the VIVARES Privacy Policy for the Cloud Services. The Privacy Policy is available at the following address: https://www.ledvance.com/professional/products/product-stories/vivares/privacy-policy

6.2 The security of your personal data is important to LEDVANCE. However, LEDVANCE cannot guarantee or warrant that its security will never be compromised or that unauthorized persons will never access your personal data. You provide your personal data at your own risk. You are solely responsible for securing your home network and connected devices and should monitor any unauthorized or suspicious use.

6.3 Although LEDVANCE always endeavors to keep the Cloud Services free of malware, including but not limited to viruses, spyware, worms, Trojan horses and ransomware ("Malware"), LEDVANCE does not warrant or guarantee the absence of Malware. Before using the Cloud Services, you should take appropriate security precautions and scan for Malware for your own protection and to prevent Malware.

7. Applicable Law, Place of Jurisdiction

7.1 The legal relationship between LEDVANCE and you, including these Terms of Use, shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the provisions of international private law.

7.2 If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with your use of the Cloud Services or these Terms of Use is Munich, Germany. However, LEDVANCE is also entitled to sue you at your general place of jurisdiction. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected.

8. Changes to the Terms of Use, Severability Clause

8.1 LEDVANCE reserves the right to amend these Terms of Use to the extent necessary, provided that you are not thereby disadvantaged in a manner contrary to good faith or unreasonably. Any amendments to the Terms of Use will be made available to you via the VIVARES Cloud Service website. If you do not agree with the amended Terms of Use, you are free to reject them; however, this means that you will no longer be able to use the Cloud Services.

8.2 If any provision of these Terms of Use is or becomes invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic objectives of the parties. The same shall apply in the event of an omission.

Last update: June 2021

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