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General Terms and Conditions (GTC) for Business Customers


Our Terms of Sale, Payment and Delivery for Business Customers


 
Lautsprecher Teufel's years of experience in the mail order business mean that it is best placed to ensure the safety and satisfaction of all its customers. For contracts between business customers (hereinafter, clients or end users) and Lautsprecher Teufel GmbH (hereinafter, Lautsprecher Teufel; also jointly referred to as parties), the following terms of sale, payment and delivery - in each case in the version valid as of the date of the order - shall apply:
 
1. General points/Order of precedence of provisions and scope of application
a) As far as the conclusion of the contract of sale is concerned, solely the provisions made in the order confirmation and, in addition, these General Terms and Conditions (GTC) shall apply. Where clients seek to impose different contractual terms, these shall not come to form an integral part of the contract even if Lautsprecher Teufel does not object to the same. The written (but not in email form) consent of Lautsprecher Teufel is required before any different contractual terms of clients can be incorporated. This requirement for consent shall apply in all cases; it should in particular be noted that the acceptance of an order and/or the provision of services without reservation by Lautsprecher Teufel shall not signify consent on its part.
b) The provisions made in the order confirmation shall prevail over these GTC and will where necessary be supplemented by these GTC.
 
2. Conclusion of contracts
a) Quotes from Lautsprecher Teufel GmbH are without obligation and subject to confirmation; this shall apply even if Lautsprecher Teufel makes product presentations or other documentation available to clients.
b) Once Lautsprecher Teufel has forwarded a quote to clients, they must confirm their acceptance in writing to Lautsprecher Teufel. The signed quote is considered to be the client's binding contractual offer. The contract is formed once the client has received the order confirmation from Lautsprecher Teufel. Unless otherwise provided for in the quote, Lautsprecher Teufel shall be bound by the content of the quote for a period of fourteen days.
c) For the customer, the other party to the contract is:
Lautsprecher Teufel GmbH
Directors: Sascha Mallah, Joachim Wimmers
Budapester Str. 44
10787 Berlin
Germany
Registered with Berlin-Charlottenburg District Court under the number HRB 20271
VAT Reg. No.: DE136745959
Contact: www.teufel.de/kontakt 
You will have to conclude contracts with other service providers, e.g. streaming services such as Spotify, whose services you may call upon when using our own products, directly with such suppliers.
d) Goods purchased may not be sold on to resellers in any form whatsoever for industrial or commercial purposes without the prior consent of Lautsprecher Teufel. Lautsprecher Teufel shall be entitled, at its reasonable discretion, to set a contractual penalty for any breach of the prohibition set out above, the reasonableness of which may be verified in case of dispute by the competent court. Lautsprecher Teufel reserves the right moreover to exclude clients who breach the prohibition set out above from the future purchase of Lautsprecher Teufel goods.
   
3. Prices and terms of payment, forms of payment
a) The prices cited in contracts and orders are understood to be in Euro incl. VAT. Unless otherwise provided for in the order confirmation, goods may be paid for by cash in advance, PayPal or under an invoice. Lautsprecher Teufel’s bank details are as shown in the order confirmation. For payments by PayPal, the client's account is debited immediately.
b) Shipping and transport costs are as shown in the order confirmation. c) Unless otherwise agreed, invoices are payable net fourteen working days after receipt of the payment request. Lautsprecher Teufel shall however at any time be entitled, including in the context of an ongoing business relationship, to complete a delivery/provide a service in full or in part against payment by cash in advance only. Lautsprecher Teufel shall express any such reservation at the latest in the quote without obligation.
d) The value date of any payment in Lautsprecher Teufel’s account shall be relevant for the purposes of determining whether such payment has been made on time. 
e) Payments of amounts due under invoices that have been objected to may be deferred or refused only if there is a serious possibility of a clear error.
f) Claims from Lautsprecher Teufel may be offset only by undisputed or legally established counterclaims. This shall not apply to claims which clients make against Lautsprecher Teufel on account of the latter’s total or partial failure to discharge, or defective discharge, of its performance obligation.
 
4. Warranty
a) The nature of the goods is as described solely in the order confirmation, the product presentations and information provided by Lautsprecher Teufel. Any technical data, specifications and terms of reference included therein do not in principle represent any warranties or guarantees unless otherwise expressly agreed in the order confirmation. Public statements by Lautsprecher Teufel or blurb or other forms of advertising do not represent descriptions of the nature of the goods.
b) The expenditure required for the purposes of examination and cure, including but not limited to shipping and transport costs, labour and material costs, is chargeable to Lautsprecher Teufel if a defect does in fact exist. If a client's claim for the remedy of a defect proves however to be unwarranted, Lautsprecher Teufel may request reimbursement of the costs incurred if it must have been clear to the client that the claim for remedy of the defect was unwarranted.
c) Clients may not bring claims against Lautsprecher Teufel as the result of material defects that were caused by the client or by third parties and that may not be considered to fall within the sphere of responsibility of Lautsprecher Teufel. This may concern but shall not be limited to:  
- alterations, repairs, cleaning operations, improvements or other measures affecting the materiality of the goods,
- violation of operating instructions, documentation regarding use and application or other instructions for use, or
- improper operation by the client or by third parties.
d) Should the goods supplied be defective, Lautsprecher Teufel can choose whether to provide for a cure through remedy of the defect (subsequent improvement) or through the supply of an item that is free of defects (replacement). This shall not affect Lautsprecher Teufel’s rights to refuse to provide for a cure, subject to statutory requirements.
e) Should the cure provided for by Lautsprecher Teufel have failed twice or should Lautsprecher Teufel refuse to provide for the cure, the client may withdraw from the contract of sale or reduce the purchase price. Clients are not however entitled to withdraw if the defect is insignificant.
f) Clients are obliged to examine the goods with due care for quality and quantity variances and to notify Lautsprecher Teufel of any apparent defects immediately after receipt of the goods. This shall equally apply, as of discovery, to subsequently identified latent defects. If the requirement to examine goods and give notice of non-conformity is breached, the possibility of bringing warranty claims shall be ruled out.  
 
5. Guarantee
a) Lautsprecher Teufel provides a guarantee for Teufel products based on the following provisions. These terms of guarantee shall apply on condition that they do not conflict with the respective national law on guarantee provisions. This written guarantee shall not affect the provisions relating to warranty. 
b) As a precondition for the provision of the guarantee, the client must provide, together with the item of equipment, a copy of the original invoice. Lautsprecher Teufel provides no guarantee on free-of-charge extras or chargeable memorabilia (such as e.g. T-shirts, caps, jackets, etc.). Work performed under Teufel guarantees shall not serve either to extend or recommence the guarantee period. 
c) Lautsprecher Teufel provides clients with a 12-year guarantee, as of the purchase date, on passive speaker enclosures, chassis and crossovers. This does not include defects in the enclosure or the enclosure surfaces attributable to the signs of natural or normal wear and tear and ageing. The right to make a claim under the guarantee shall also be forfeited if the enclosure is repainted. 
d) Lautsprecher Teufel provides you with a 2-year guarantee, as of the purchase date, on electronic equipment, electrical components and modules, portables, headphones, streaming and/or Bluetooth devices and active loudspeakers. 
e) If during the aforementioned guarantee periods defects arise that are related neither to damage as the result of inappropriate use, improper handling or electrical or mechanical overload and if no attempts at repair have been made to date either by the client or by a third party, then Lautsprecher Teufel will at its discretion either replace or repair the item of equipment. Should Lautsprecher Teufel’s chosen method of fulfilling the guarantee not be open to it, Lautsprecher Teufel shall reimburse the client with the current market value of the item of equipment concerned. 
f) There shall be no right to make a claim under the guarantee for changes to a device's software or changes to any third party software with which the device interacts, where such changes were made by any other company following delivery of the device. Lautsprecher Teufel would point to the fact that it is possible for the device to be accessed and for changes to the software to be made by companies whose services clients use via the device, such as for example  music streaming services. 
g) Please contact Lautsprecher Teufel, before you send in the defective device and the copy of the invoice, at www.teufel.de/b2b-kontakt.html. Provided clients comply with Lautsprecher Teufel’s packing guidelines and requirements for returns when sending in goods for which valid claims have been made under the guarantee, Lautsprecher Teufel shall bear the risk of loss and damage in transit and shall meet the costs of the return if the country from which the goods are returned is a country that Lautsprecher Teufel delivers to.
 
6. Liability
a) The parties and their servants and assistants shall have no liability for loss or damage caused by negligence unless an act of intent or gross negligence led to the loss or damage; this shall not apply to:
- loss or damage arising from injury to life, limb or health,
-the negligent breach of material contractual obligations, i.e. such obligations the fulfilment of which is even only made possible by the proper execution of the contract and upon whose compliance the other party to the contract may consistently rely (so-called primary obligations).
b) In case of any breach of material contractual obligations not caused by intent or gross negligence, liability shall be limited to the loss or damage that the liable party had envisaged as a possible consequence of any breach of the contract at the time of conclusion of the contract, or the loss or damage that the liable party should have envisaged given the circumstances that it was aware of or should have been aware of. The same applies to the grossly negligent conduct of simple servants (non-managerial staff) outside the confines of material contractual obligations and injury to life, limb or health. 
c) This shall not affect the provisions of the Product Liability Act. 
d) The respective injured party must notify the other party of the loss or damage without delay.
e) All clients' claims for defects of title or quality shall, with the exception of claims for compensation, become statute-barred one year after delivery of the goods. This shall not apply to clients' claims for defects of quality in goods a s defined by sec. 438, para. 1, clause 2, BGB [Civil Code] or defects a s defined by sec. 438, para. 1, clause 1, BGB. 
f) Unless a party is liable without limitation, the claims for compensation referred to in sections 6 a) and 6 b) shall – provided they are not based on liability for intent – become statute-barred one year after commencement of the statutory limitation period pursuant to sec. 199 to201 BGB.
 
7. Delivery terms
a) Delivery shall be made within the European Union, the European Economic Area and the European Free Trade Association.
b) Unless otherwise agreed, delivery shall be made from Lautsprecher Teufel’s works to the delivery address indicated by the client. 
c) Due to the size of our product, we are unable to ship to parcel pick up stations. For deliveries by DHL, the goods are delivered directly to the business premises. On deliveries by DHL, however, there is the possibility that a shipment consisting of one or more packages may be delivered on different days. Should it not be possible to take acceptance of a shipment on the business premises, clients shall receive notification from DHL permitting them to collect the goods from the respective post office. Where the services of a freight forwarder (operating in Germany and abroad) are used for delivery, i.e. in case of more large-scale systems, in which goods are packed on a disposable pallet, goods are delivered up to the business premises (kerbside). Clients must make their own arrangements for onward transport. Disposable pallets are retained by clients and must be properly and professionally disposed of. 
e) The estimated delivery date is as shown in the order confirmation. 
f) If Lautsprecher Teufel is unable to adhere to the delivery date for reasons beyond Lautsprecher Teufel’s control (non-availability of the goods or services), clients will be informed of this without delay and will at the same time be given a new estimated delivery date. Should Lautsprecher Teufel still be unable to deliver on this date for the same reasons, Lautsprecher Teufel shall be entitled to withdraw from the contract in full or in part. Any consideration paid by clients in return will in that case be reimbursed without delay. A case of non-availability of goods or services as defined herein would be in particular any failure on the part of suppliers to deliver on time in case of matching covering transactions, for which neither Lautsprecher Teufel nor the suppliers are to blame or whereby Lautsprecher Teufel has in that particular case no purchasing obligation.
g) The risk of accidental loss or accidental deterioration of goods is transferred on handover to the freight forwarder, to the carrier or to those otherwise directed to complete the shipment.
h) If clients default on payments, Lautsprecher Teufel may take reasonable measures to enforce its claim; if Lautsprecher Teufel seeks payment again or if Lautsprecher Teufel arranges for a representative to collect the amount, Lautsprecher Teufel shall charge clients the costs incurred on this. This shall not affect sec. 288, para. 5 BGB.
 
8. Fees/customs/VAT
For deliveries within Switzerland, clients are not charged any additional country-specific customs, taxes and fees. For other deliveries to countries that are members of the European Economic Community and/or the European Free Trade Association, but not the European Union, the details of which country-specific customs, taxes and fees will be charged are as shown in the quote.
 
9. Reservation of ownership, goods for testing
a) Any sale is subject to reservation of ownership. Up until the payment in full of the purchase price, goods shall remain the property of Lautsprecher Teufel.
b) Where ownership has not yet been transferred to clients, clients must notify Lautsprecher Teufel without delay in writing whenever the purchased item has been seized or is exposed to other third party measures. If the third party is not in a position to reimburse Lautsprecher Teufel with the court costs and out-of-court costs of any litigation pursuant to sec. 771 of the Code of Civil Procedure (ZPO), clients shall be liable for the loss suffered by Lautsprecher Teufel.
c) Should goods have been delivered to clients for the purposes of testing, ownership shall not be transferred to the client. Client are obliged to take care when handling goods for testing.
 
10. Data protection
The parties shall process personal data in accordance with the relevant statutory provisions. Personal data may be communicated to Lautsprecher Teufel only if such communication is lawful according to the relevant statutory requirements (i.e. is e.g. either covered by the data subject’s consent pursuant to Art. 6, para. 1, sub-para. a), GDPR or is e.g. required for the performance of a contract pursuant to Art. 6, para. 1, sub-para. b), GDPR). Should clients breach relevant provisions of data protection legislation as the result of the communication of personal data and should this cause Lautsprecher Teufel to incur costs (e.g. the costs of arranging for the legal defence of claims from data subjects or the payment of fines), clients shall be obliged to reimburse Lautsprecher Teufel for all such costs.
 
11. Prohibition on assignment
Clients are entitled to assign the rights and obligations arising under these GTC and under the respective contract of sale only with the express consent of Lautsprecher Teufel. This shall, where applicable, not affect sec. 354a HGB [Commercial Code].
 
12. Confidentiality 
a) The parties undertake to treat all information that is made available to them in connection with the respective contracts as confidential and - unless such information is required to achieve the purpose of the contract - not to disclose to third parties or to make this available to third parties in any form whatsoever without the other party's written consent.
b) This shall not apply to information that is passed on to consultants who are obliged to maintain professional confidentiality.
 
13. Jurisdiction and applicable law
a) Berlin shall be the exclusive place of jurisdiction for merchants as defined by the Commercial Code, public sector corporations and public law entities with special public funds.
b) Contracts that include these General Terms and Conditions are subject to the law of the Federal Republic of Germany, with the exclusion of the UN Convention on Contracts for the International Sale of Goods. 
c) These terms and conditions are conclusive. There are no additional verbal agreements. Should individual provisions of this contract be or become invalid or unenforceable, the contract shall remain valid in all other respects.
 
End-User License Agreement (EULA)

Please read this End-User License Agreement (hereinafter referred to as ‘EULA’) carefully and completely. You agree to EULA when you use the Google Cast for audio- enabled Lautsprecher Teufel product (hereinafter referred to as ‘Google Cast enabled device’) and the apps suitable to its usage. You may only use the Google Cast enabled device and the app in accordance with this EULA.
This EULA governs your rights and obligations associated with the software programmes, including any updates and upgrades, and online or offline documentation, which are provided to you to use on the Google Cast enabled device by Lautsprecher Teufel or third parties from which these software programmes originate. The EULA also applies to any data arising from the use of the software programmes (hereinafter collectively referred to as ‘Software’).
Irrespective of this EULA, the use of individual software programmes on the Google Cast enabled device may be subject to the license conditions of third parties from whom these software programmes originate. In this case, the license conditions apply in addition to this EULA. In case of a conflict between this EULA and the license conditions of third parties, the license conditions of third parties shall prevail.

1. Software license

a) Lautsprecher Teufel grants you the right to use the software solely in connection with the Google Cast enabled device upon which the software was originally installed by Lautsprecher Teufel. Lautsprecher Teufel and third parties reserve all rights to the software, to which you have not been expressly granted with this agreement. The right of use expires immediately after the Google Cast enabled device on which the software is installed is no longer used.

b) In no way may you duplicate, work on or edit this software or duplicate any alterations and changes. In no way may you tamper with or circumvent functions and mechanisms used to protect the software against unauthorised usage. In no way may you also disconnect the software or individual components of the software for the purpose of using components on one other or with another Google Cast enabled device and use them either together or separately. Reverse engineering and dissembling of the software is also prohibited. Decompiling is only permitted for the purpose of rectifying the software’s inability to operate with other software or hardware components, insofar that this is permissible by law, which falls under this agreement.  

c) The license restrictions stipulated in a) and b) do not apply to software programmes or programme components which fall under an open source license. The use of this software programme or programme components is based solely on the relevant open source license in its currently valid version which applies at the time of use.  For any use of a software programme or programme components which are subject to an open source license, the user must familiarise himself/herself with the respective license conditions as well as to strictly comply with the license conditions. If the open source license includes an obligation on the part of the supplier to provide the user with the software’s source code, the end-user can contact Lautsprecher Teufel in this regard.

d) You may not remove or alter, cover up or deface any trademarks or other notices on the Google Cast enabled device; this also applies to the Google Cast enabled device manufacturer or parts of the Google Cast enabled device or the software.

2. Content services

a) The acquisition or use of the Google Cast enabled device and software does not entitle you to access content (music or other sound recordings, films, etc.) which has been made available by a third party (hereinafter referred to as a ‘Content provider’) on a network or a server. The use of this content is exclusively dependent on the conditions on which the content provider makes this content accessible for retrieval. In order to use this content, you must conclude an agreement with the content provider for which you may be obliged to pay a fee to use the content provider’s content. Lautsprecher Teufel or a third-party provider from whom a software programme on the Google Cast enabled device originates are not responsible for the provision and use of the content by a content provider.

b) If you use the Google Cast enabled device and the software to access legally protected content (music or other sound recordings, films, etc.), the Google Cast enabled device and the software may only be used to the extent to which law or contract allows you to access this content in accordance with the law under which this agreement or content fall. You shall indemnify Lautsprecher Teufel and any third party from whom the software programme on the Google Cast enabled device originates from any claims that may arise due to unlawful use of content. This also applies to any costs which may arise for Lautsprecher Teufel or a third party from whom the software programme on the Google Cast enabled device originates in connection to your unlawful use of content. In the case of the unlawful use of content, you agree that Lautsprecher Teufel or a third party provider from whom a software programme on the Google Cast enabled device originates shall take all appropriate measures to ensure the property rights to the content. Such measures may also include online controls on your use of the software or another user of the Google Cast enabled device which allow for an examination of the lawful use of the software.

3. Internet connection

The use of the Google Cast enabled device and online access to third-party content require an Internet connection. You must conclude a license agreement with a telecommunications provider in order to have an Internet connection. Lautsprecher Teufel or a third party provider from whom a software programme on the Google Cast enabled device originates are not responsible for the services of the telecommunications provider. Lautsprecher Teufel or a third party from whom a software programme on the Google Cast enabled device originates do not guarantee that the Internet connection you have on your Google Cast enabled device is sufficient in order to use all the Google Cast enabled device’s functions or the software installed on it. The provision, quality and security of your Internet connection is the sole responsibility of your telecommunications provider and is subject to the conditions it agreed upon with the end-user.

4. Updates and upgrades

The end-user agrees that Lautsprecher Teufel or a third party from which a software programme on the Google Cast enabled device originates shall regularly make online software upgrades, updates and other changes at its own discretion, i.e. without any prior consent. If necessary, such upgrades, updates or changes can modify or delete functionalities of the software. Lautsprecher Teufel or a third party from whom a software programme is provided on the Google Cast enabled device can make the further use of the software or a software component conditional on the complete installation and acceptance of upgrades, updates or changes. The terms of use of this EULA shall continue to fully apply for the upgraded, updated or modified software or software component.

5. Liability and guarantee

a) Lautsprecher Teufel and the end-user agree that the absence of errors in software based on the current state of technology cannot be guaranteed. Minor errors in the software do not represent a defect with the Google Cast enabled device. Lautsprecher Teufel will endeavour to resolve any substantial errors by way of online software updates.

b) Lautsprecher Teufel or a third party from whom a software programme on the Google Cast enabled device originates are not responsible for software functions meeting your expectations and that the software is regularly updated.

c) Provided it is possible to use the Google Cast enabled device and software to access the network or the server of Lautsprecher Teufel or a third party, who can also be a content provider, Lautsprecher Teufel does not guarantee that, upon granting the right of use to the software, continuous access to the network or server of Lautsprecher Teufel or the third party can be guaranteed at all times and without interruption.

d) Lautsprecher Teufel or a third party from whom the software programme on the Google Cast enabled device originates, do not assume any warranty or liability in all cases where the end-user uses the Google Cast enabled device and the software in an environment where it may not be used due to the law, contract, house rules or any other possible reasons (e.g. hospitals, nuclear power facilities, aircraft).

6. Termination

Lautsprecher Teufel or a third party from whom a standard programme on the Google Cast enabled device originates are entitled to terminate this EULA and any additional provisions in favour of the third party and thus to prohibit the end-user from further using the software when the end-user has violated a provision of this EULA once again after Lautsprecher Teufel or the third party informed him/her of the infringement of this EULA. In case of termination, they are no longer entitled to use the software or the standard programme affected by the termination.

7. Inclusion of third parties

a) Every third party from which a software programme on the Google Cast enabled device originates is entitled to assert and enforce all rights of Lautsprecher Teufel, arising out of the terms of this EULA against the enduser, in its own name against the end-user, provided that the third party has been affected by the end-user’s behaviour. This applies in particular when the behaviour of the end-user impacts the third party’s interests to its software programme.

b) Google Cast for Audio

aa) Google Cast for Audio is a software-based technology of Google, Inc., USA, which enables the Google Cast enabled device to wirelessly access content made available by Google. Upon installing this technology, you must accept the Google Terms of Services (http://www.google.com/policies/terms/) and the Google Privacy Policy (http://www.google.com/policies/privacy/). It is not possible to use the technology without your express acceptance of these Google policies.

bb) You can subsequently activate a technology provided that Lautsprecher Teufel installs a Google Cast technology on a Google Cast enabled device at a later point in time. In this case, you must also accept the Google Terms of Services (http://www.google.com/policies/terms/) and the Google Privacy Policy (http://www.google.com/policies/privacy/). It is not possible to use the Google Cast technology without your express acceptance of these Google policies.

cc) In addition to software whose usage is limited to the property rights of Google or third parties, Google Cast for Audio also uses open source software which is subject to the conditions of an open source license. Further information is available at https://support.google.com/googlecast/answer/6121012. The end-user acknowledges the requirements and restrictions of this open source license upon using Google Cast for Audio.

c) StreamUnlimited Engineering GmbH

The Google Cast enabled device contains a software programme of StreamUnlimited Engineering GmbH, Austria (hereinafter referred to as ‘StreamUnlimited’) that is required for the use of Google Cast for Audio and if necessary for other technologies and services in the future. In addition to the terms of use for software on the Google Cast enabled device, the following conditions, which are required for using StreamUnlimited Software, and which are accepted by the end-user upon using the software, apply.

aa) The end-user acknowledges that any use of the licensed software is limited to a certain cloud server. The conditions for use are outlined in the best practice for the authentication and server usage (see below).  

bb) The end-user is prohibited from transferring the StreamUnlimited software to another Google Cast enabled device.  

cc) StreamUnlimited rejects any warranty in the scope allowable by applicable law. Implied warranties of sufficient quality, suitability for a particular purpose, violations of intellectual property rights of third parties and defects that arise in the course of using the software are excluded from the warranty. Furthermore, StreamUnlimited does not guarantee the uninterrupted provision of the licensed software, nor does it guarantee that it will run smoothly or that defects shall be rectified.

dd) StreamUnlimited rejects any liability for any direct or indirect or incidental or consequential damages arising from the use of licensed software.

ee) StreamUnlimited rejects any liability for the availability and proper functioning of audio service functions such as Google Cast, unless it can be demonstrated that StreamUnlimited acted with intent or gross negligence.

ff) The end-user agrees that his/her use of StreamUnlimited’s licensed software shall be verified by protocolling user activities on the cloud server, that Lautsprecher Teufel may also report unauthorised use to StreamUnlimited and that Lautsprecher Teufel can transfer any rights of examination to which it is entitled to StreamUnlimited.

gg) The end-user is aware that the permission to use the licensed software may be revoked under certain conditions set out by StreamUnlimited. These conditions are outlined in ‘Best practice for authentication and server usage’ (see below).  

hh) The end-user acknowledges that the developer of audio service functions such as Google Inc. can revoke the license key for the use of its functions regardless of this EULA and the supplementary terms of usage of StreamUnlimited, and that StreamUnlimited may not influence these measures in any way. StreamUnlimited cannot be held responsible by end-users for such disruptions to the services of audio service functions such as Google Cast.

ii) The end-user agrees that StreamUnlimited is entitled to enforce its intellectual property rights to the licensed software in accordance with this EULA.
Best practice for authentication and server usage

(i) The end-user acknowledges that the licensed software has been developed by Stream Unlimited Engineering GmbH (hereinafter referred to as ‘StreamUnlimited’) and that StreamUnlimited organises and supports the cloud server which is required for access to audio services.

(ii) The end-user acknowledges that any use of the licensed software or the supported online music features (e.g. Google Cast) or any other function can make a transfer to a cloud server necessary, which include the ‘Google App Engine’ which is operated and managed by Google, Inc., USA, or a similar product that is operated or managed by a third party. StreamUnlimited is not responsible for unauthorised access to this cloud server and for the data processed in this event.   

(iii) Within the context of a subscription agreement, the end-user can access the cloud server through a Google Cast enabled device or any other method permitted by Lautsprecher Teufel.

(iv) By agreeing to the provisions of this EULA and any additional terms of usage of StreamUnlimited, the enduser is granted a non-exclusive, revocable, non-transferable, limited right to use the respective cloud server in accordance with the terms of the EULA and the additional terms of usage of StreamUnlimited for the sole purpose of streaming content via the licensed software and the corresponding online music features, as they are integrated into the Google Cast enabled device.  

(v) The end-user acknowledges that he/she has no right or other entitlement to the cloud service, data, applications, business methods or parts thereof, or any type content, which is processed via the cloud server.  

(vi) The right of the end-user to use the cloud server ends with the object of ownership to the licensed product.

(vii) The end-user acknowledges that StreamUnlimited is entitled within appropriate means to check the enduser’s lawful use of the licensed software in order to detect any unlawful or in any way irregular use of the licensed software (e.g. the transmission of a copy of the licensed software to an unlicensed Google Cast enabled device). The identification of the Google Cast enabled device of the end-user is carried out using an integrated individual token to which the end-user, by using it, gives his/her consent for monitoring purposes.

(viii) The Google Cast enabled device communicates with the cloud service during every operation, in order for StreamUnlimited to generate certain data required for the authentication and verification of the legitimate use of the licensed software. This data processing does not violate any confidentiality interests of the enduser, because StreamUnlimited, as the owner of the intellectual property rights to the licensed software, can invoke its legitimate and prevailing interests in the verification of the proper usage.

(ix) For this reason, the end-user recognises that the usage of StreamUnlimited’s licensed software shall be monitored each time the cloud server is accessed, so that the MAC address (Media access control address), the IP address of the end-user, the brand, model and firmware version of the Google Cast enabled device, the identification number and the access time stamp are protocolled every time the StreamUnlimited Google Cast enabled device is activated. By analysing this file, StreamUnlimited can detect any misuse of the licensed software. The end-user acknowledges that StreamUnlimited may store and process the data from these monitoring activities and analyse them in the case of reasonable suspicion of illegal misuse of the licensed software. StreamUnlimited is also entitled to transmit the data in an anonymous format to the appropriate developer of one of the licensed software-supported functions if reasonable suspicion of an infringement by the end-user exists.

(x) The end-user acknowledges that StreamUnlimited can revoke the right to use the licensed software if the analysis of the monitored data suggests a reasonable suspicion of unlawful use of the licensed software. In this case, the end-user shall receive an automatic notification with instructions to contact customer service. If it turns out that the end-user is an authorised user, customer service can reactivate the licensed product for him/her.

(xi) In regards to its intellectual property rights to the licensed software as well as to the usage of the licensed software, the end-user accepts that StreamUnlimited is a direct beneficiary to such as stipulated by this EULA and the supplementary terms of usage of StreamUnlimited. StreamUnlimited is entitled to defend the rights to the licensed software and to enforce all rights and claims arising from misuse of the licensed software or a breach of this EULA or the supplementary terms of StreamUnlimited directly against the end-user.  

   
8. Other relevant provisions

a) In addition to this EULA, the Data Privacy Policy which was agreed upon between Lautsprecher Teufel and the end-user in regards to the use of the Google Cast enabled device and software shall apply for the use of the Google Cast enabled device and the software. In case of a conflict between this EULA and the Data Privacy Policy, the provisions of the Data Privacy Policy shall prevail over the EULA.
b) In addition, the General Terms and Conditions of Lautsprecher Teufel shall apply. In case of a conflict between these General Terms and Conditions and this EULA, the provisions of this EULA shall prevail.

9. Applicable law and jurisdiction

Insofar that the purchaser and/or end-user of the Google Cast enabled device is a merchant, EULA is governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Movable Goods. The legal place of jurisdiction is Berlin, Germany.
Insofar that the purchaser and/or end-user of the Google Cast enabled device is not a merchant, German law shall also apply, provided that the law of the State in which the purchaser and/or end-user of the Google Cast enabled device is located allows for the application of foreign law to be agreed upon in a legally effective way.
 
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Version as of: 14.08.2019
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