eWIRE

eWIRE in a glance

 

 

Terms and Conditions

X

LICENSED APPLICATION - END USER LICENSE AGREEMENT

By using SOCOMEC’s eWIRE Application (hereinafter referred to as the “Application”), the installer (hereinafter the “User”) agrees to be bound by this License Agreement (hereinafter the “License Agreement”). The Application is free of charge for the User.

Scope of License

SOCOMEC grants the User a nontransferable license to use the Application on any mobile device owned or controlled by the User within the conditions of this License Agreement. The terms of this License Agreement will govern any content, materials, or services accessible from Application as well as upgrades provided by SOCOMEC that replace or supplement the original Application, unless such upgrade is accompanied by a custom license agreement. This Application, the information and the software associated therewith shall not in any manner and by any means be distributed or sub-licensed, transferred, made available or otherwise marketed by User. Unless expressly permitted in this License Agreement, this License Agreement does not authorize the User to modify, copy, reverse-engineer, disassemble, attempt to derive the source code of, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).

Using the Application

1. Aim and Scope of the Application

This Application is meant to support the User when installing the relevant SOCOMEC products in tutoring the installation step by step. The Application shall in no way substitute the installation and user manual provided with this SOCOMEC product, which remains the sole accurate instructions in terms of safety, handling, connection and use of SOCOMEC products.

The Application requires interaction from User and will send reports to SOCOMEC’s Technical Call Center so to facilitate communication between the User and SOCOMEC and so to notify the readiness of the product for commissioning.

The Application is aimed to be used with its intended SOCOMEC products; SOCOMEC shall not be held liable for any use of the Application with other devices.

2. Compliance with Laws

The User shall use the Application in accordance with all applicable laws and must comply with the applicable third-party contract terms (such as the wireless data service agreement).

The User shall not use the Application in any way that could damage SOCOMEC or its products, in any manner that is inconsistent with the terms of this License Agreement or that infringes the intellectual property rights of SOCOMEC or any third party.

User agrees not to use the Application to harass, abuse, stalk, threaten, collect personal data or defame any person or entity, and that SOCOMEC is not responsible for any such use. The Application may not be available in all languages or in User’s Home Country, and may not be appropriate or available for use in any particular location. To the extent User chooses to use the Application, User is solely responsible for compliance with any applicable laws. SOCOMEC reserves the right to change, suspend, remove, disable or impose access restrictions or limits on the Application at any time without notice or liability towards the User.

3. Updates

SOCOMEC recommends installing all updates by not disabling the update notifications so that the Application runs properly and is kept up-to-date.

4. Uninstalling

To uninstall the Application, User shall use the application management tool on its device or refer to the manual of its mobile device.

External Services

The Application may enable access to third-party services and websites or contents belonging to or originating from third parties or links to websites and features in banners or other advertising (collectively and individually, "External Services"). User agrees to use the External Services at its sole risk. Such external links are not investigated, monitored or checked for accuracy, validity, reliability, availability or completeness by SOCOMEC. SOCOMEC shall not be liable for any such third-party External Services. Data that may be displayed by any such External Service is for general informational purposes only and is not guaranteed by SOCOMEC or its agents.

User shall not use the External Services in any manner that is inconsistent with the terms of this License Agreement or that infringes the intellectual property rights of SOCOMEC or any third party.

User agrees not to use the External Services to harass, abuse, stalk, threaten, collect personal data or defame any person or entity, and that SOCOMEC is not responsible for any such use. External Services may not be available in all languages or in User’s Home Country, and may not be appropriate or available for use in any particular location. To the extent User chooses to use such External Services, User is solely responsible for compliance with any applicable laws. SOCOMEC reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability towards the User.

Intellectual Property

The User acknowledges that the use of the Application may in no way be interpreted as conferring the User expressly or implicitly any proprietary right of any kind whatsoever, including any intellectual property right on the Application, on its updates, renewals, extensions and restorations. SOCOMEC keeps full and unlimited proprietary rights over the Application, on its updates, renewals, extensions and restorations. SOCOMEC only grants the User a limited right to use the Application for personal use on its mobile device to the extent allowed under this License Agreement and under the Terms of Use established by the owner of the store from which the Application is downloaded.

No warranty

User expressly acknowledges and agrees that use of the Application is at its sole risk. To the maximum extent permitted by applicable law, the Application and any services performed or provided by the Application and/or by External Services are provided "as is" and “as available,” with all faults and without warranty of any kind, and SOCOMEC hereby disclaims all warranties and conditions with respect to the Application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose or of accuracy. No oral or written information or advice given by SOCOMEC or its authorized representatives shall create a warranty. Should the Application or its related services prove defective, User assumes the entire cost of all necessary servicing, repair, or correction.

In particular, User expressly acknowledges and agrees that use of the Application implies action and answers from User. User is solely responsible for such action and answers, and SOCOMEC may not be held liable for any defective action nor for any answer given by User. Although SOCOMEC commits to provide its best efforts to offer the User a reliable application, the User must be aware that the accessibility of the Application at any time cannot be guaranteed due to technical conditions specific to the Internet, and SOCOMEC cannot be held liable for contingencies, these causes being beyond its control.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to User.

Limitation of Liability

The Application has been created to support the User when installing the relevant SOCOMEC products. The Application shall in no way substitute the installation and user manual provided with this SOCOMEC product, which remains the sole accurate instructions in terms of safety, handling, connection and use of SOCOMEC products. Should the User require an up-to-date copy of the manual, it is highly recommended to contact SOCOMEC’s customer service.

To the extent not prohibited by law, SOCOMEC shall not be held liable for personal injury or any incidental, special, direct and indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to User’s use or misuse of or inability to use the Application, however caused, regardless of the theory of liability (contract, tort, or otherwise), including any damage incurred by third-parties, and even if SOCOMEC has been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to User. In such case, SOCOMEC’s overall and aggregate liability for all damages (other than as may be required by applicable law in cases involving personal injury) shall in no event exceed the amount of one thousand Euro (1000 €).

Privacy Policy

The Application collects some Data and Personal Data from its Users, by itself or by third parties. This Privacy Policy sets out the principles and guidelines that govern the protection of Data and Personal Data (as defined below) collected by SOCOMEC, regarding the Users of the Application. “Personal Data" means any personal data, ie any information relating to an identified or identifiable natural person; is deemed to be an identifiable natural person a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, a unique device identifier for advertising (Google Advertiser ID or IDFA, for example), usage data, a phone number, an e-mail address, location data, an online identifier, or one or more specific elements relating to its physical, physiological, genetic, psychic, economic, cultural or social identity. “Data” means any other data that is not a Personal Data and that may be collected by the Application during the process of downloading the Application by the User or during its execution on the User’s mobile device. Data may consist of, among others, Cookies.

1. Purpose of the collection of Data and Personal Data

Data and Personal Data are collected for the following purposes and using the following services:

Analytics

  • Google Analytics for Firebase
  • Personal Data: Cookies, unique device identifiers for advertising (Google Advertiser ID or IDFA, for example) and usage data

Contacting the User

  • Contact form
  • Personal Data: address, city, company name, email address, field of activity, first name, last name and phone number

Location-based interactions

  • Non-continuous geolocation
  • Personal Data: geographic position

User’s Data and Personal Data are collected to allow SOCOMEC to provide the User with services related to the Application, as well as for the following purposes: improving its products and the relating Application, facilitating the provision of software updates, contacting the User, Location-based interactions and Analytics.

By providing its e-mail address, User expressly authorizes SOCOMEC to use it to send it commercial or marketing messages (such as newsletters) but also for the purpose of elaborating directories and making commercial prospection.

SOCOMEC may also use this e-mail address for administrative or other non-marketing purposes (for example, to notify the User of significant changes to the Application).

User's Data and Personal Data may also be used for legal purposes by SOCOMEC, in Court or in the stages leading to possible legal action arising out of the use of this Application or the execution of this License Agreement. The User declares to be aware that SOCOMEC may be required to reveal Personal Data upon request of public authorities.

Finally, this Application and any third party services may collect files that record interaction with this Application (System logs) or use for this purpose other Personal Data (such as IP Address) for operation and maintenance purposes.

2. Process of the collection of Data and Personal Data

The Data and Personal Data are either collected automatically when downloading and/or using the Application or are freely provided by the User.

Some Data and Personal Data requested by this Application are mandatory and failure to provide these Data and Personal Data may make it impossible for the Application to provide its services. In cases where the Application specifically states that some Data and Personal Data are not mandatory, User is free not to communicate these Data and Personal Data without any consequences on the availability or the functioning of the Application.

User who is uncertain about which Data and Personal Data are mandatory is welcome to contact SOCOMEC.

User is responsible for any third party Data and/or Personal Data obtained, published or shared through this Application and confirm that it has the third party's consent to provide those Data and/or Personal Data to SOCOMEC.

3. The processing of Data and Personal Data

"Processing" means any operation or set of operations performed or not using automated processes and applied to Data or sets of Data and Personal Data, such as collection, registration, organization, structuring, retention, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or by any other mean, reconciliation or interconnection, limitation, deletion or destruction.

SOCOMEC processes the Data and Personal Data in a proper manner and takes appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the Data and Personal Data. SOCOMEC commits to be compliant with the provisions of the European General Data Protection Regulation no. 2016/679.

The Data and Personal Data Processing is mostly carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition, in some cases the Data and Personal Data may be accessible to restricted and designated people from administration, sales, marketing, legal and system administration for the purposes described in this License Agreement.

4. Retention time

The Data and Personal Data are kept by SOCOMEC for the time necessary to provide the service requested by the User, or for the duration of the contractual relationship resulting from the download of the Application and ending with the uninstalling of the Application. The User can always require SOCOMEC to modify, suspend or remove such Data and Personal Data.

5. The rights of User

User has the right, at any time, to know whether or not its Data and Personal Data have been stored. User can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any Data and Personal Data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller of the User’s usual place of residence.

This Application does not support “Do Not Track” requests. To determine whether any of the third party services it uses honour the “Do Not Track” requests, it is highly recommended to read their privacy policies.

Termination

This License Agreement is effective until terminated by the User or SOCOMEC. User’s rights under this License Agreement will terminate automatically if User fails to comply with any of its terms.

Export Control

User may not use or otherwise export or re-export the Application except as authorized by French law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any French-embargoed countries or (b) to anyone on the French Treasury Department's Denied Persons List or Entity List. By using the Application, User represents and warrants that User is not located in any such country or on any such list. User also agrees that User will not use the Application and the related SOCOMEC products for any purposes prohibited by French law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

Applicable Law and Jurisdiction

Except to the extent expressly provided in the following paragraph, this License Agreement and the relationship between User and SOCOMEC shall be governed by the laws of France, excluding its conflicts of law provisions. User and SOCOMEC agree to submit to the personal and exclusive jurisdiction of the courts of Strasbourg, to resolve any dispute or claim arising from this License Agreement. If (a) User is not a French citizen; (b) User does not reside in France; and (c) User is not accessing the Application from France, User hereby agrees that any dispute or claim arising from this License Agreement shall be governed by the laws of User’s usual place of residence without regard to any conflict of law provisions, and User hereby irrevocably submits to the non-exclusive jurisdiction of the courts located in its usual place of residence.

Privacy policy