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Last updated March 2023
1.1 Please read the following information carefully. By logging on for the first time to a software application developed by ENERCON GmbH for mobile terminal devices (hereinafter referred to as ‘ENERCON SIP Mobile’ or ‘SIP App’) and/or accessing the ENERCON SIP (or ‘SIP’ for short) you acknowledge that you have read and understood the following legal information and accept it as binding.
1.2 If any parts of the following notes do not or no longer correspond to the current legal situation, the remaining parts of these GTU shall remain valid without restriction.
2.1 ENERCON grants User a licence to use ENERCON SIP Mobile and/or the ENERCON SIP in accordance with the provisions of these GTU. Any further use contravening or outside of these GTU is prohibited. The application of User’s general terms and conditions or any other conditions is hereby expressly objected to.
2.2 To use ENERCON SIP Mobile and/or the ENERCON SIP, User is required to authenticate itself by means of a user name and the associated password (‘access code’). ENERCON reserves the right to modify existing access codes or introduce new ones.
2.3 User must not disclose its access codes to any third party and must ensure that such access codes are not kept in an unsafe place or saved on User’s access computer.
2.4 User is not entitled to pass its access codes on to any third party without ENERCON’s prior written consent.
3.1 In return for payment of the agreed usage fee/licence fee, User shall receive a non-exclusive, non-transferable, non-sublicensable right to use ENERCON SIP Mobile and the ENERCON SIP for its own use within the framework of its business operations, such right being limited to the term of the licence agreement. Furthermore, the right of use is limited to the purpose of the app and to the portal as well as use within the framework of the existing business relationship with ENERCON. Under no circumstances shall User have the right to lease ENERCON SIP Mobile and the ENERCON SIP or sublicence them in any other way, reproduce them in public or make them publicly accessible via a wired or wireless connection, or make them available to third parties free of charge or against payment. Any further details and conditions of the granting of rights such as licence fees, the term of the licence agreement and notice periods, etc. are governed by the digital service contract or the relevant service and maintenance contract (EPK contract) that must be concluded separately between ENERCON GmbH and User.
3.2 User may run the SIP and the SIP App on one or more terminal devices for which the user name has been registered, within the framework of the agreed purpose of use. Copying the SIP and the SIP App is not permitted, except for the purposes expressly permitted in this licence. Reverse engineering, decompilation (except in the cases set forth in Section 69 e of the German Copyright Act [UrhG]) and disassembling the app into its component parts are not permitted. This also applies to any and all updates to the SIP and the SIP App that are released in the course of the business relationship.
3.3 User shall not be entitled to modify, remove or circumvent proprietary notices, particularly copyright notices and serial numbers, licence codes or security mechanisms installed with the SIP and the SIP App, including the documentation.
3.4 The SIP and the SIP App are provided without any warranty.
3.5 The provisions of sections 3.1 to 3.4 of these GTU apply to the use of the ENERCON SIP and the ENERCON SIP App accordingly.
3.6 User is obliged to take all necessary measures to ensure that no unauthorised access is gained to ENERCON systems via User’s internet connection or other networks, that no programs are tampered with, that no computer viruses infiltrate the system, and that system and network security are not adversely affected in any other unauthorised way.
3.7 User is solely responsible for any use of the access to the provided ENERCON SIP Mobile and/or the ENERCON SIP through its access code, and is liable for any damage caused by misuse of such access. Any impairment of system and network security is forbidden. Non-permissible access to data, systems or network elements, analysis, monitoring or scanning thereof, any other non-permissible use thereof or the falsification of control information such as the TCP/IP address or control system information (address data) is particularly forbidden.
3.8 ENERCON particularly reserves the right to block User’s account with immediate effect and delete its contents if User or a third party that has used User’s access data infringes the abovementioned provisions, or if ENERCON has reason to believe that such an infringement is going to take place in the future, or User no longer requires access to the app and/or the SIP within the scope of its business relationship with ENERCON, and/or ENERCON or User has terminated the licence agreement. If the right to use the app is revoked or withdrawn, User must delete the app from all terminal devices without delay and notify ENERCON thereof in writing. ENERCON reserves the right to inform the competent authorities about any infringement and to cooperate with them.
3.9 ENERCON expressly reserves the right to assert any claims for damages against User.
3.10 User must notify ENERCON App Support of changes to user data at sip.support@enercon.de without delay and without being requested. User must indicate its full user name and the respective wind farm number in the subject line of the e-mail request.
3.11 User is obliged to handle the login data with care. User is categorically prohibited from disclosing and providing
the login data to third parties, and/or from giving third parties access to the profile by circumventing the login data.
3.12 The contents, information and documentation stored in ENERCON SIP Mobile and the ENERCON SIP must not be distributed, leased or provided to third parties in any other way by User. The contents, information and documentation are protected by both copyright laws and international copyright agreements as well as by other laws and agreements on intellectual property. User must observe these rights, and, in particular, must not remove alphanumerical
identifiers, trademark and copyright notices neither from information nor from documentation or copies thereof. Any information and documentation as well as any copies thereof which have been made shall be returned to ENERCON or deleted without delay, provided that they are no longer required for the contractual purpose within the scope of the business relationship with ENERCON.
3.13 User shall not add any content that contravenes legal norms or good customs; in particular, User shall not infringe any copyrights, industrial property rights, or any other intellectual property rights. Furthermore, User shall not add any content that contains computer viruses, Trojans or other programs that might modify or damage the software of the app and/or the SIP. User shall be fully liable for the lawfulness and admissibility of any content it adds. Any infringement of the aforementioned limitations constitutes a breach of these GTU, which entitles ENERCON to ban User and/or delete any content added in contravention of these terms and conditions.
3.14 Apart from the rights of use that are expressly granted herein and in the digital service contract or the relevant service and maintenance contract (EPK contract) that must be concluded separately between ENERCON GmbH and User, or other rights, User shall not be granted any other rights whatsoever, particularly to the company name and industrial property rights such as patents, utility models or trademarks, nor is ENERCON under any such obligation to grant such rights.
4.1 ENERCON endeavours to ensure trouble-free operation of ENERCON SIP Mobile and the ENERCON SIP. This is limited per se to services over which ENERCON has control. ENERCON is free to restrict access to the app and/or the SIP, in whole or in part, temporarily or permanently, due to maintenance work, capacity issues and other events not under its control.
4.2 User shall not be entitled to claims for damages against ENERCON if user access or data have been blocked or deleted. The same applies in the event of temporary loss of usability of the app or the SIP.
4.3 ENERCON does not guarantee that the SIP or the app can be used without problems on any device.
4.4 ENERCON reserves the right to modify and improve the app and/or the SIP, the method and type of access or individual content at any time and without prior notice.
4.5 ENERCON endeavours to provide information and data that is up to date, accurate with regard to contents and complete at all times. However, errors cannot be completely ruled out. ENERCON therefore does not accept any liability for the data, information and documents that are stored in and retrievable from the SIP being up to date, correct, complete, and accurate with regard to contents. Nor does ENERCON accept any liability with regard to the use and usability. Any liability claims whatsoever against ENERCON on the grounds of material or immaterial damage caused by accessing and/or using the app and/or the SIP shall be ruled out.
User undertakes to treat all contents (data, information, documents etc.) stored in the app and the SIP as confidential, use them for the agreed purpose only, and not to pass them on to third parties without ENERCON’s prior written consent. The provisions of section 3.12 apply.
6.1 ENERCON places great importance to compliance with data protection regulations and observance of data protection guidelines. User data will be treated confidentially and in a manner permitted by data protection law. The privacy policy provides detailed information about the collection, processing and use of personal data in or in connection with the ENERCON SIP Mobile App and the ENERCON Service Info Portal (SIP).
6.2 User hereby consents to the storage of the personal information it has input. This also applies to the storage of the IP addresses, which are transmitted each time ENERCON SIP Mobile or the ENERCON SIP is used. In particular, User consents to analysis of the personal information it has input, as well as its user behaviour.
6.3 The use of ENERCON SIP Mobile and the ENERCON SIP makes the collection, processing and use of personal information by ENERCON unavoidable. ENERCON assures that all saved data will be treated with care and will only be processed within the framework of the consents afforded to the user under data protection law. Any other use of personal information by ENERCON will only take place to the extent permitted by law or where User has given its prior consent. Further information can be found at ENERCON Data policy.
7.1 If User is a ‘full merchant’ (Vollkaufmann) as defined by German commercial law, the place of jurisdiction shall be ENERCON’s place of business; however, ENERCON shall be entitled to bring legal action against User in the court of its domicile.
7.2 The law of the Federal Republic of Germany applies to these GTU and the overall legal relationship between User and ENERCON. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby explicitly ruled out.
7.3 Unless stipulated otherwise by other contractual agreements, the place of fulfilment shall be ENERCON’s place of business.
