Taiwan

Responsible for the Vivatmo me app from Bosch Healthcare Solutions GmbH

Name and address

Bosch Healthcare Solutions GmbH
Postfach 1127
71301 Waiblingen
Germany

Members of the Board of Management

Marc Meier
Markus Thürsam

Phone

+49 711 811-58321

E-mail address

service@vivatmo.com

Register Entries

Registration Court: District Court Stuttgart HRB728499

Value-added tax identification number

DE263309318 Legal notice of Bosch Healthcare Solutions GmbH

The pollen overview is offered in cooperation with MEDIZINISCHE UNIVERSITÄT WIEN

© Copyright

All rights reserved. Text, images, graphics, sound, animations, and videos as well as the arrangement of the same on the Bosch Healthcare Solutions GmbH app are protected by copyright and other commercial protective rights. The content of this app may not be copied, disseminated, altered, or made accessible to third parties for commercial purposes. In addition, some Bosch Healthcare Solutions GmbH apps contain images that are subject to third-party copyrights.

Trademark information

Unless specified otherwise, all trademarks on Bosch Healthcare Solutions GmbH apps are protected by trademark law. This applies in particular to Bosch Healthcare Solutions GmbH brands, nameplates, company logos, and emblems. The brands and design elements used on our app are the intellectual property of Bosch Healthcare Solutions GmbH.

Warranty information

This app was compiled with utmost care. Nonetheless, the accuracy or correctness of the information contained cannot be guaranteed. Any liability for damage resulting directly or indirectly from use of this app is precluded, unless caused intentionally or in gross negligence by Bosch Healthcare Solutions GmbH.

License information

The intellectual property contained in the Bosch Healthcare Solutions GmbH app such as patents, trademarks, and copyrights, is protected. This app does not grant a license for utilizing the intellectual property of companies of Bosch Healthcare Solutions GmbH or third parties.

Terms of Use Vivatmo app

As of May 2023

1. Scope of Terms of Use Scope, Provider, Language of the agreement

1.1. These terms of use ("Terms of Use") apply to access to Vivatmo app ("Vivatmo app"), a service offered by Bosch Healthcare Solutions GmbH, Stuttgarter Str. 130 71332 Waiblingen, Germany ("Provider"), to the use of services offered via Vivatmo app ("Services") as well as access to Partner Services by registered end users ("User"). and take precedence over any other terms. Detailed information on the Provider is provided in the corporate information.

1.2. The language for the conclusion of the agreement is English.

1.3. The User may retrieve and print out the currently valid Terms of Use at https://www.vivatmo.com/vivatmoapp-legal/?prevent-auto-open-privacy-settings=1.

 

2. Conclusion of agreement, Services and Availability

2.1. A legal contract is concluded between the Provider when the User agrees to these Terms of Use before the first time usage of the Vivatmo app ("User Agreement").

2.2. After conclusion of the User Agreement, the User may use free Services ("Basic Services") via the Vivatmo app.

2.3. The Services include, for example, the provision of functions such as FeNo-Tracking Functionality, Diary-functionality, data, pictures and sound documents, information, and other content ("Content").

2.4. The type and scope of the Services provided, as well as details on their technical requirements and availability, can be found in the service description at https://www.vivatmo.com/vivatmoapp-legal/?prevent-auto-open-privacy-settings=1. The service description serves only to describe the Service and contains neither statements as to quality nor guarantees.

2.5. Access to the Services is provided by an app for use on compatible mobile devices, such as smartphones or tablets ("App"). Individual functionalities of the Services may be restricted in each case depending on the access type.

2.6. The Provider shall endeavor to ensure that the use of the Basic Services is as uninterrupted as possible within the scope of its technical and operational abilities, but there shall be no entitlement to uninterrupted use. It is not warranted that access to or use of Basic Services will not be interrupted or impaired by maintenance work, further developments or otherwise by disruptions.

 

3. Conditions of use

3.1. Access to the App and use of the Services does not require a user account.

3.2. The User is responsible for creating and maintaining the technical requirements necessary in the User's area of responsibility for the contractual use of the Services (especially the necessary Hardware, web browser, mobile end device, internet access).

3.3. To use the Services via the App, the User must download and install the App on his smartphone or tablet. The App is available for Android and iOS. It must be installed via the respective app store. Details on technical requirements, functions, and operating instructions are available at https://www.vivatmo.com/vivatmoapp-legal/?prevent-auto-open-privacy-settings=1. The operating instructions serve only to describe the Service and contain neither agreements on quality nor guarantees.

3.4. The Provider may provide updates of the App, e.g. to close security gaps or to eliminate bugs. The User is obligated to install updates immediately and to always use the latest available version of the App.

3.5. The User may uninstall the App at any time (see Section 10). In that case, the User will lose access to the Services via the App.

3.6. Some Services may require special, compatible Hardware, which must be paired with the App and the user account. These can be found in the service description. If the User is no longer entitled to use the Hardware (e.g., due to sale), he/she is obliged to unpair the Hardware immediately.

 

4. No Registration

The App does not come with any kind of registration.

 

5. User Content

5.1. The Provider may enable the User to post, upload, store, create, share, send or display his/her own content ("User Content") and make it available to third parties ("Transfer"), subject to the following provisions.

5.2. The User is obliged not to transfer any User Content which, by its content, form, design or in any other way, violates the Terms of Use, applicable law or morality or infringes the rights of third parties.

5.3. The Provider may prescribe rules of conduct for the Transfer of User Content and for communication and interaction with other Users.

5.4. By the Transfer of User Content, the User shall grant the Provider a non-exclusive, irrevocable right of use, without territorial or content restrictions, transferable to third parties and free of charge, to the User Content for the purpose of providing Vivatmo app and the Services offered via it. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of making available to the public. The User remains the owner of his/her User Content.

5.5. If the User has transferred User Content in connection with a Basic Service Plus and/or Premium Service, the right of use granted in accordance with Section 5.4 shall expire when the termination becomes effective or upon withdrawal by the User. This does not apply if the User Content

a) has no use outside the context of the Basic Services Plus and/or the Premium Services,

b) is exclusively related to the use of the Basic Services Plus and/or the Premium Services by the User,

c) has been aggregated by the Provider with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort, or

d) was generated by the User together with other Users, provided that other Users can still use the User Content.

For User Content containing personal data, the provisions of the data protection notice (Section 14) shall prevail.

5.6. The User shall waive the right to author attribution.

5.7. To the extent that the Provider expressly offers the option of removing transferred User Content, the aforementioned right of use and exploitation shall expire upon deletion of the User Content. However, the Provider remains entitled to retain copies made for backup and/or verification purposes, subject to applicable data protection legislation.

5.8. The User is responsible for the User Content posted by him/her. The Provider shall not assume any responsibility for checking the completeness, correctness, legality, topicality, quality and suitability for a particular purpose of the User Content.

5.9. The Provider is entitled to refuse the posting of User Content and/or to edit, block or remove User Content already posted without prior notice if the posting of User Content by the User or the posted User Content itself violates these Terms of Use, rules of conduct or legal regulations, or if the User has otherwise culpably violated contractual obligations. In this case, the Provider will take into account the legitimate interests of the User and choose the mildest means to avert a violation. The Provider shall inform the User of this measure by e-mail.

 

6. Vivatmo app Content

6.1. All rights in the Provider's Services and their Content ("Vivatmo app Content") are the exclusive property of the Provider or its licensors and are protected by copyright or other intellectual property rights. The compilation of Vivatmo app Content is also protected as such by copyright.

6.2. The Vivatmo app Content may only be accessed and displayed online for the User's own non-commercial purposes during the term of the User Agreement. The User is prohibited from copying, distributing and/or publishing Vivatmo app Content.

 

7. Third-Party Content, Third Party Services

7.1. Vivatmo app and the Services may contain links to content that is not exclusively provided by the Provider, but by Users, Partners or other third parties (collectively, "Third-Party Content").

7.2. This may also include the possibility of connecting the user account or the Services with Third Party Content that is part of an application (e.g. app of a third party) offered externally by third parties ("Third Party Services"). If the User makes use of Third Party Services, the User shall be responsible for the costs associated therewith and compliance with the Terms and Conditions applicable to the Third Party Services.

7.3. The Provider does not check Third Party Content and Third Party Services for completeness, correctness and legality and does not adopt them as its own. In particular, the Provider does not check the security aspects in connection with Third Party Content and Third Party Services. Therefore, the Provider does not assume any warranty for the completeness, correctness, legality and up-to-datedness of the Third Party Content and Third Party Services. This also applies with regard to the quality of the Third Party Content and Third Party Services and their suitability for a specific purpose, and also insofar as it concerns Third Party Content on linked external websites that may be viewed by way of framing.

7.4. The Provider will, at its sole discretion, investigate reasonable indications of violations of these Terms of Use or any illegality of individual Third Party Content or Third Party Services (or parts thereof) and, if necessary, take appropriate measures to discontinue this condition. In particular, the Provider will immediately remove illegal Third Party Content as soon as the Provider becomes aware of its illegality and insofar as this is technically possible.

 

8. Prohibited Activities

8.1. The Services available via Vivatmo app are intended solely for the non-commercial use of the User. Any use for or in connection with commercial purposes is prohibited unless such use has been expressly permitted in advance and in writing by the Provider. Unauthorised commercial use includes in particular:

a) Offers and promotion of paid Content and Services, both our own and those of third parties,

b) Offers, promotions and implementation of activities with a commercial background, such as prize competitions, raffles, barter transactions, advertisements, or snowball systems,

c) Collecting electronically or otherwise the identity and/or contact details (including e-mail addresses) of Users (e.g. for sending unsolicited e-mails),

d) The exploitation of the Services available via Vivatmo app, including the Content offered herewith, in return for payment.

8.2. The User is prohibited from any activities on Vivatmo app and in connection with the use of the Services that violate these Terms of Use, applicable law or morality. In particular, the User undertakes to comply with applicable law and not to infringe the rights of third parties

8.3. Also prohibited is any action that is likely to impair the operation of Vivatmo app as well as the Services and the technical infrastructure behind them. This includes in particular

a) the Transfer of Content that contains viruses, worms, malware, trojans or harmful properties,

b) the use of software, scripts or databases in connection with the use of Vivatmo app and the Services,

c) the automatic reading, blocking, overwriting, modification, copying of data and/or other Content, except as necessary for the proper use of Vivatmo app and the Services,

d) activity to decrypt, decompile, disassemble, reconstruct, or otherwise attempt to discover the source code, any software or proprietary algorithms used, except as permitted by mandatory non-waivable provisions.

8.4. If the User becomes aware of an illegal, abusive or otherwise unauthorised use of the Services, the User may contact Bosch Healthcare Solutions GmbH, Stuttgarter Straße 130, 71332 Waiblingen by post or via email to service@vivatmo.com. The Provider shall then examine the matter and, if necessary, take appropriate steps.

8.5. In the event of significant breaches of duty for which the User is responsible, the Provider is entitled to terminate the User Agreement for cause in accordance with Section 10.

 

9. No Fees

Access to Vivatmo app and use of the Basic Services are free of charge. The App shall be provided to the User free of charge.

 

10. Term, Termination

10.1. Term

10.2. The User Agreement is concluded for an indefinite period. It begins with the acceptance of these terms and ends with the effectiveness of a termination by the Provider or the User.

10.3. Ordinary Termination

10.3.1. The Provider may terminate the User Agreement at any time with a period of notice of 14 days to the end of the month.

10.3.2. The User may terminate the User Agreement at any time by simply deleting the App.

10.4. The right to terminate for good cause remains unaffected for both parties.

10.5. Consequences of Termination

a) In the event of termination of the Contract, the User data are deleted at the time of termination and the User shall no longer have access to his User data, the Services, and the User Content.

b) The User is obliged to export and save his data and User Content on his own responsibility in due time before termination of the User Agreement or expiry of the aforementioned period.

10.6. Form of Termination

Except if the possibility of termination is provided for by a delete function in the Vivatmo app (e.g. function "Delete account"), notice of termination must be given in text form (letter, email, fax). Deletion of the App in accordance with Section 10.3.2 shall also constitute termination of the Contract. In that case, the Provider waives receipt of the notice of termination.

 

11. Warranty

The Provider does not assume any warranty for defects of material or title for Basic Services, except in cases where the Provider has fraudulently concealed the respective defect of material or title.

 

12. Liability

12.1. Within the scope of the use of the Basic Services, the Provider shall only be liable in accordance with the statutory provisions in the event of intent or gross negligence.

12.2. Liability shall be excluded in all other respects.

 

13. Indemnification

The User indemnifies the Provider in the event of a claim due to an alleged or actual infringement and/or violation of third-party rights from all third party claims, including damages arising therefrom (e.g. costs for appropriate legal defence), resulting from culpable actions of the User in connection with the use of Vivatmo app and the Services.

 

14. Data Protection

All information on processing of personal data can be found in the Provider’s Data Protection Policy. It is available at https://www.vivatmo.com/vivatmoapp-legal/?prevent-auto-open-privacy-settings=1

 

15. Online Dispute Resolution Platform, Dispute Resolution Procedure, Complaints

15.1. The European Commission provides a platform for online dispute resolution (OS): The platform is available at https://ec.europa.eu/consumers/odr. The email address of the Provider is service@vivatmo.com

15.2. The Provider is neither obligated nor willing to participate in a dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz; VSBG).

15.3. Complaints, grievances, questions and comments can be asserted or submitted under the contact details stated in the corporate information.

 

16. Applicable Law, Place of Jurisdiction

16.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN United Nations Convention on Contracts for the International Sale of Goods if (i) the User has his habitual residence in Germany, or (ii) his habitual residence is in a country that is not a member of the European Union. In case the User has its habitual residence in a member state of the European Union, the applicability of German law shall also apply, without prejudice to mandatory provisions of the state in which the User has its habitual residence ("benefit-of-the-doubt principle").

16.2. If the User is an entrepreneur, the exclusive place of jurisdiction for all legal disputes arising from or in connection with these Terms of Use shall be Stuttgart, Germany. The same shall apply if the User had his domicile or habitual residence in Germany at the time of conclusion of the contract and has either moved out of Germany at the time the Provider brings an action or if the User's domicile or habitual residence is unknown at that time.

 

17. Change of the Terms of Use

17.1. The Provider is entitled to amend or supplement provisions of these Terms of Use at any time, effective for the future, as far as this becomes necessary due to changes in the law or due to functional adjustments to Vivatmo app or the Services.

17.2. The User shall be notified of any changes or amendments within the app no later than six weeks before these enter into effect. It is not necessary to submit the amended or supplemented Terms of Use in detail or the new version of the Terms of Use as a whole. Instead, it shall be sufficient to inform the User that the amendments or supplements were made. The Provider shall provide a link in the announcement where the new version of the Terms of Use can be viewed in its entirety.

17.3. If the User does not object to the amendment or supplementation within 30 days of the announcement of the amendment or supplementation and continues to use Vivatmo app and the Services, this shall be deemed consent to the amendment or supplementation ("implied consent"); the Provider shall refer to this separately in the announcement. Implied consent shall not apply to any changes that concern a main performance of the Contract if it would lead to an unfavorable disproportion between performance and compensation to the User’s detriment.

17.4. In the event of objection, the usage relationship shall continue subject to the previous conditions. The Provider reserves the right to terminate the usage relationship in accordance with Section 11 in the event of an objection.

17.5. Editorial changes to these Terms of Use, i.e. changes that do not affect the contractual relationship, such as the correction of typing errors, shall be made without notifying the User.

 

18. Changes in Performance

The Provider reserves the right to change, supplement, or discontinue the Basic Services at any time or to limit use of the Basic Services in time or to make them available for a fee. The User has no claim to certain Basic Services or parts thereof being maintained. The Provider shall strive to consider the legitimate interests of the User from case to case.

 

19. Final Provisions

19.1. Legally relevant declarations and notifications to be made to the Provider after the conclusion of the contract (e.g. setting of deadlines) shall be made in text form (letter, e-mail) to be effective).

19.2. Should any provision of these Terms of Use be or become invalid or unenforceable, this shall not affect the remaining provisions.

 

20. Country specific terms

20.1. France

a) For Users who have their habitual residence in France, the following shall apply:

Section 12. (Liability) is not applicable.

Section 15. (Online dispute resolution platform, Dispute resolution procedures, Complaints)

Section 15.2 is deleted and replaced by the following wording:

"15.2 In addition to the above, if the User is a resident in France, he can contact the local ombudsman
www.cmap.fr
par courrier électronique : cmap@cmap.fr
ou
par voie postale :
Centre de Médiation et d'Arbitrage de Paris. 39 avenue Franklin D. Roosevelt. 75008 PARIS."

20.2. Italy

a) For Users who have their habitual residence in Italy, the following shall apply:

b) Section 12. (Liability) is not applicable.

20.3. Portugal

a) For Users who have their habitual residence in Portugal, the following shall apply:

b) Section 15. (Online dispute resolution platform, Dispute resolution procedures, Complaints)

Section 15.2 is deleted and replaced by the following wording:

“15.2 To the maximum extent permitted by local laws the Provider is not obligated or willing to participate in a dispute resolution procedure pursuant to the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG)."

20.4. Romania

a) For Users who have their habitual residence in Romania, the following shall apply:

Section 15. (Online dispute resolution platform, Dispute resolution procedures, Complaints)

Section 15.2 is deleted and replaced by the following wording:

"15.2 In addition to the above, if the User is a consumer, he may also file a complaint to the European Consumer Center – ECC Romania who operates within the Romanian National Authority for Consumer Protection. (https://eccromania.ro/sesizari/)."

Section 16. (Applicable law, Place of jurisdiction)

Section 16. is completed with a new section 16.3 with the following wording:

"16.3 If the User is a consumer resident in Romania, the above sections shall not exclude the applicability of jurisdiction from Romania for legal disputes arising from or in connection with these Terms of Use."

20.5. Sweden

a) For Users who have their habitual residence in Sweden, the following shall apply:

b) Section 15. (Online dispute resolution platform, Dispute resolution procedures, Complaints)

Section 15.2 is deleted and replaced by the following wording:

"15.2 As a consumer the User may also file a complaint to the Swedish National Board for Consumer Disputes (www.arn.se/om-arn/Languages/english-what-is-arn/)."

20.6. Switzerland

a) For Users who have their habitual residence in Switzerland, the following shall apply:

b) Section 16. (Applicable law, Place of jurisdiction)

Sections 16.1 and 16.2 are deleted and replaced by the following wording:

"16.1 If the User is a consumer, the legal relationship between the Provider and the User as well as these Terms of Use shall be governed exclusively by Swiss law, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

16.2 If the User is a consumer, the courts in Zuchwil (Switzerland) shall have exclusive jurisdiction for legal claims of any kind against the Provider, subject to deviating mandatory statutory provisions. Legal actions by the Provider against the User shall be brought either in Zuchwil (Switzerland) or at the registered office or place of habitual residence of the User."

20.7. Hungary

a) For Users who have their habitual residence in Hungary, the following shall apply:

b) Section 15. (Online dispute resolution platform, Dispute resolution procedures, Complaints)

Section 15.2 is deleted and replaced with the following wording:

"15.2 In addition to the above, if the User is a consumer and is a resident in Hungary, he can contact Conciliation Panel. The list of Conciliation Panels is available here: www.bekeltetes.hu."

20.8. New Zealand

a) For Users who have their habitual residence in New Zealand, the following shall apply:

b) Section 11. (Warranty)

Section 11. is deleted and replaced by the following wording:

“The statutory provisions shall apply. The Consumer Guarantees Act 1993 NZ may also apply to the Services. If the Consumer Guarantees Act 1993 NZ does apply, the Provider notes that these warranties are supplemental to any other rights and remedies you have under the Consumer Guarantees Act 1993 NZ, unless your use of the Services is for commercial purposes, in which case Provider excludes all consumer guarantees implied in the Consumer Guarantees Act 1993 NZ in respect of the Services.

20.9. Slovak Republic

a) For Users who have their habitual residence in the Slovak republic, the following shall apply:

b) 11. (Warranty)

Section 11. becomes section 11.1 and is amended by a new section 11.2:

"11. (Warranty, Complaints Procedure)

11.2 The Client is entitled to make a claim in writing (by post to the Provider's registered office address, by email to service@vivatmo.com and the claim must be delivered to the Provider. The Provider undertakes to notify the result of the complaint within 30 days from the date of receipt."

c) Section 15. (Online dispute resolution platform, Dispute resolution procedures, Complaints)

Section 15.2 is deleted and replaced with the following wording:

"15.2 In addition to the above, if the User is a consumer and is a resident in the Slovak republic, he/she can contact an Alternative dispute resolution body for consumer disputes. The list of the Alternative dispute resolution bodies for consumer disputes is available here: Alternative dispute resolution bodies for consumer disputes."

20.10. Czech Republic

a) For Users who have their habitual residence in the Czech Republic, the following shall apply:

b) Section 12. (Liability)

Sections 12.1 and 12.2 are deleted and replaced by the following wording:

“12.1. The Provider shall be liable in accordance with the statutory provisions (i) in the event of intent and gross negligence, (ii) in accordance with the provisions of applicable Product Liability Acts, (iii) to the extent of a guarantee assumed by the Provider, (iv) in the event of injury to the life, body or health of a person, and (v) natural rights as defined by the Czech law.

12.2. In the case of negligently caused damage to property and financial loss, the Provider shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damage that was foreseeable and typical for the contract at the time of conclusion of the contract, material contractual obligations are those whose fulfilment characterizes the contract and on which the User may rely. This provision shall not apply in case when the User is a consumer.

12.3. If the User is an entrepreneur, the liability is excluded in all other respects. Section 12.1. is not affected.”

c) Section 15.2. is deleted and replaced by the following wording:

“The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.:000 20 869 internet address: (https://adr.coi.cz/cs), is also competent for consumer disputes and the settlement of consumer disputes.”

20.11. Australia

a) For Users who have their habitual residence in Australia, the following shall apply:

b) Section 11. (Warranty)

Section 11. is deleted and replaced by the following wording:

“The statutory provisions shall apply. The Australian Consumer Law may also apply to the Services. If the Australian Consumer Law does apply, the Provider notes that:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."

c) Section 12. (Liability)

A new Section 12.3 is added with the following wording:

"12.3 If you are a “consumer” for the purposes of the Australian Consumer Law, certain guarantees, rights and remedies may be conferred on you which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, Provider’s liability to you is limited, at Provider’s option, to: (a) in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and (b) in the case of Services, resupply of the services or payment of the cost of re-supplying the Services. If the Australian Consumer Law does apply, nothing in these Terms of Use is intended to affect those rights. Subject to the above, and to the maximum extent permitted by law, liability is excluded in all other respects.”

20.12. India

a) For Users who have their habitual residence in India, the following shall apply:

b) Section 1. (Scope of Terms of Use Scope, Provider, Language of the agreement)

New Sections 1.4 and 1.5 are added with the following wording:

1.4 Users shall only be individuals who are lawfully able and have the capacity to enter into contracts (e.g., the User may not be a minor who is below 18 years of age).

1.5 The User understands that the Vivatmo app is not a substitute for professional medical advice or any form of diagnosis or treatment. The Vivatmo app only provides the services as set out in Section 2 below.

c) Section 5 (User Content)

A new Section 5.10 is added with the following wording:

5.10 The User agrees that the User Content shall not be (i) false, misleading or deceptive; (ii) defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating to encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) harmful to child; (iv) violates any law for the time being in force; (v) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vi) impersonates another person; (vii) threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation; (viii) contains software virus, or any other computer code, file or program, designed to interrupt, destroy or limit the functionality of any computer resource; (ix) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. Provider shall have the right to terminate the access or usage rights of a User for non-compliance of this clause.

d) Section 19 (Final Provisions)

A new Section 19.3 is added with the following wording:

19.3 Any questions about the Service or the Vivatmo app may be addressed to the Provider at service@vivatmo.com.

20.13 Indonesia

a) For Users who have their habitual residence in Indonesia, the following shall apply:

b) Section 1 (Scope of Terms of Use Scope, Provider, Language of the agreement)

Section 1.2 is deleted and replaced with the following wording:

1.2 The language for the conclusion of the agreement is English. The provided translation of these Terms of Use into Indonesian is for information purposes only, only the English language version shall be binding.

c) Section 16. (Applicable Law, Place of Jurisdiction)

Section 16 is deleted and replaced with the following wording:

16.1 The contractual relationships between the parties shall be governed by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of law regulations are excluded.

16.2 All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by an arbitrator appointed in accordance with the said Rules without recourse to the ordinary courts of law. The Court of Arbitration may also pass a binding decision on the validity of this arbitration agreement. The Court of Arbitration shall comprise one sole arbitrator to be nominated jointly by the Parties. The arbitration proceedings shall be conducted in English. No discovery shall be conducted between the Parties. The place of arbitration is Stuttgart (Germany).

For the Vivatmo app of Bosch Healthcare Solutions GmbH

Bosch Healthcare Solutions GmbH (hereinafter "BHCS”, "We" or "Us") welcomes you to our Vivatmo app (hereinafter "Online Offer"). Thank you for your interest in our company and our products.

1. BHCS respects your privacy

The protection of your privacy when processing personal data, as well as the security of all business data, is an important concern for us. We process personal data collected when using the Vivatmo app confidentially and only in accordance with legal requirements.

Data privacy and information security are anchored in our corporate policy.

 

2. Controller

The controller for the processing of your data is:

Bosch Healthcare Solutions GmbH
Stuttgarter Straße 130
71332 Waiblingen
Germany

Email: Info-Bosch-Healthcare@Bosch.com

Exceptions are explained in this privacy policy.

2.1 Rights of the data subject

To exercise your rights and report data protection incidents, use the following link: https://www.bkms-system.net/bosch-datenschutz

2.2 Contacting the data protection officer

If you have any complaints or suggestions regarding the processing of your personal data, we recommend that you contact our Data Protection Officer:

Datenschutzbeauftragter
Abteilung Informationssicherheit und Datenschutz
Bosch-Gruppe (C/ISP)
Postfach 30 02 20
70442 Stuttgart
Germany

or

email: DPO@bosch.com

 

3. Collection, processing and use of personal data

3.1 Principles

Personal data is any information relating to an identified or identifiable natural person. For example, names, addresses, telephone numbers and email addresses, which are an expression of a person's identity.

Particularly sensitive data such as health data (cf. Art. 9 GDPR) is personal data relating to the physical or mental health of a natural person, including the provision of health care services, from which information about their state of health is derived.

In principle, we only collect, process and use personal data if there is a legal basis for doing so.

3.2 Possible uses of the app

The Vivatmo app lets you read your respiratory gas values measured with the Vivatmo me and keep the history along with other relevant vital parameters in a health diary and create a personal profile.

The use of the Vivatmo app and the collection of (personal) data is always voluntary.

We offer you two ways to use the Vivatmo app:

a) Use without data sharing

In this case, the data transmitted by Vivatmo me and the data you enter are stored locally and encrypted on your terminal device. You can view, manage and delete your data yourself.

b) Use with data sharing

You can give permission for this when you log in to the app for the first time or under the "Settings" menu item. You can stop data sharing at any time by turning off the sharing feature in the app settings. The data will then once again be stored exclusively on your device. We will still have data that has already been transferred. The following is a list of the data that is transferred to us when you give permission. Free text fields (e.g. notes) are not transmitted to us as a rule.

In both cases, we need your GPS location for the pollen forecast. If you want this, location services must be enabled for the Vivatmo app. The legal basis of this processing is a contract (Art 6 (1)(b) GDPR). For this, we additionally refer to the privacy policies of your mobile phone provider as well as the app store operators for devices with the Android and iOS operating systems.

3.3 Categories of processed data

When using the Vivatmo app with data sharing, we process the following categories of data:

• Device-related data (e.g. Vivatmo me serial number)
• Service-related data (e.g. GPS data)
• Log files (Internet protocol data without IP address)
• Anonymized health data (e.g. FeNO readings, information on allergies)
• Anonymized user-related data (e.g. age, gender, registered allergies, smoking status)

3.4 Processing purposes and legal bases

We, and service providers contracted by us, process your personal data for the following processing purposes:

3.4.1 Provision of our online offer

When using our online offer, certain information is automatically transmitted to us and stored in "Log files". In particular, the following information is processed in the log files:

• Names of the accessed files or information
• Name of the service provider used to access the online service;
• Date and time when the connection was established
• https-status code
• Device data (string of the user interface, e.g. iOS, Android,...)

The log files are processed for the purpose of providing and optimizing our online services, ensuring technical operation and identifying and eliminating malfunctions as well as investigating criminal offences.

The legal basis for this is our legitimate interest (Art 6 (1)(f) GDPR). The legitimate interest of the BHCS is the purposes just listed.

The data is deleted after 90 days when it is no longer needed for the purposes just listed. Log files, the further storage of which is required for evidentiary purposes are exempt from deletion until the respective incident has been finally clarified and may be passed on to investigating authorities in individual cases within the scope of the statutory provisions.

3.4.2 Download the app

When you download our app, certain personal data required for this purpose is transferred to the corresponding app store. We have no influence on the collection and processing of this data, which is carried out exclusively by your preferred app store. As such, you must refer to its privacy policy.

3.4.3 Using the app without registration

You can use our app without registering.

3.4.4 Use of the app services

Information about your use of Vivatmo me can be displayed via our app. Among other things, you will receive an overview of the measured values and your weekly/monthly overview. You can also create a profile and activate the pollen forecast.

To use our services, you need to connect the Vivatmo me to the app. The connection and data transfer to the Vivatmo app is made via Bluetooth. To establish the connection, you can perform a DMC scan of the Vivatmo me serial number in the Vivatmo app via the camera function and have an automatic connection established. To do this, you need to give the app access to your camera function. If you do not wish to do this, you can also enter the serial number of your Vivatmo me device manually.

To establish such a Bluetooth connection between Vivatmo me and mobile terminal with the IOS or Android operating systems, the providers need access to your position data (e.g. GPS data). For this purpose, the providers process your position data to establish a Bluetooth connection with an IOS or Android device. Please refer to the privacy policy of your provider.

When linking your Vivatmo me with the app, the following information of your Vivatmo’s hardware and software components ("device-related data") is processed:

• Serial number of your Vivatmo me device
• Occurred error messages (Error Codes)
• FeNO values of the measurements
• Number of measurements performed
• Time on the Vivatmo me

In addition, depending on your selection, personal data will be processed when you use the services. The possible services are described below ("service-related data"). Service-related data is only processed for the purpose of providing the features. The legal basis for the processing of service-related data is the contract (Art 6 (1)(b) GDPR) unless otherwise stated below.

a) Pollen forecast

You can use our location-based pollen forecast services.

The following data is processed when you use the Service (“service-related data"):

• Position data (GPS data)

Regarding the tracking of mobile devices (GSM tracking), we refer to the privacy policies of your mobile provider as well as the app store operators for devices with the operating systems Android and iOS. Please note that most mobile devices allow you to enable or disable the use of location services as well as their accuracy in the device's settings menu. If you use our online services, please note that if you disable the mobile device tracking feature, certain services may not be available due to the nature of our services.

b) Diary entries

You have the option of writing diary entries to gain a better overview of the course of your measured values.

We process the following data for this:

• FeNO measured values
• Pollen data
• (Emergency) medication use (Yes/No) without specifying concrete medication
• Symptoms ("I feel...", shortness of breath, cough, cough secretion), each on a scale of 1-5
• Asthma attack (Yes/No)

We evaluate this data as "health data" The data is stored anonymously and can therefore not be associated with your person

c) Profile

You have the option of creating a profile within the app. In this case, we process the following data:

• Gender
• Age
• Allergies (Yes/No) without specification of specific allergies
• Smoker status
• (Emergency) medication

We classify this data as "user-related data". Also, in this case, the data is stored anonymously, as it cannot be linked to your person.

d) PDF export of your health diary

You can export your measurement data to a PDF file and use it for a printout, for example. The PDF file is generated locally on your end device. We do not transmit any data.

e) Contacting us/rating (giving feedback)

We have provided a corresponding function in the app for you to give us feedback. Click on the "Give feedback" tab, your email program will open and you can contact us. In this case, we process the content of the message, attachments if any and your email address. We do this solely to process your feedback. This process is voluntary. If you are dissatisfied, we will take the liberty of forwarding your feedback to our customer service department and, if necessary, contact you to resolve your dissatisfaction. The collection and processing of this data are based on Art 6 (1)(b) GDPR (contract) or, in the case of an inquiry by email, Art 6 (1)(a) GDPR (consent).

3.4.5 Product improvement and development

To continuously improve our online offer, develop new products and services and for market research, we use the data mentioned under 2.3.

The data is only processed in anonymized form and used for evaluations for statistical purposes. The legal basis for this processing is a legitimate interest pursuant to Art 6 (1)(f) GDPR. The legitimate interest of Bosch Healthcare Solution GmbH is to optimize its own products and services, to develop new products and services and thus to maintain or increase your satisfaction.

 

4. Children

This offer is not intended for children under 16 years.

 

5. Data sharing

We use Bosch internal service providers for data hosting and software programming. We have carefully selected these service providers and obligated them to maintain confidentiality and to comply with the statutory data protection provisions.

5.1. Transfer of data to service providers outside the EEA

We transfer data to service providers that are located outside the EEA in “third countries”. In doing so, we ensure that either an adequate level of data protection exists prior to the transfer (e.g. based on an adequacy decision of the EU Commission for the respective country or the agreement of what are known as EU standard contractual clauses of the European Union) or your consent to the transfer has been obtained. You have the right to receive an overview of the third-country recipients and a copy of the specifically agreed provisions to ensure an adequate level of data protection. Please use the information in the contact section.

6. Video content and external services

In our app, we embed videos from the video platform YouTube, for which Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("YouTube") is responsible under data protection law. YouTube is a platform that enables the playback of audio and video files. When you want to play a video, the embedded YouTube player connects to YouTube so that the video or audio file can be transferred and played. In doing so, browser data is transferred to YouTube as the controller. For more information about the scope and purpose of the data collected, the further processing and use of the data by YouTube, your rights and the privacy options you can choose, please refer to YouTube's privacy notice https://policies.google.com/privacy?hl=de&gl=en.

 

7. Duration of storage; Retention periods

As a matter of principle, we store your data for as long as is necessary to provide our online offering and the associated services or as long as we have a legally recognized legitimate interest in continuing to store it. In all other cases, we delete your personal data, with the exception of data that we must continue to retain to fulfil legal obligations, e.g. we are obligated to retain documents such as contracts and invoices for a certain period due to retention periods under tax and commercial law. Otherwise, you can delete all your data directly from the app at any time.

 

8. Security

We use all necessary technical and organizational measures to ensure an adequate level of protection and to protect your data that we manage, in particular against the risks of accidental or unlawful destruction, manipulation, loss, alteration or unauthorized disclosure or access. Our security measures are continuously improved in line with technological developments.

 

9. Changes to this privacy policy

We reserve the right to change our security and data protection measures insofar as this becomes necessary due to technical development. In these cases, we will also adjust our privacy policy accordingly. Therefore, please note the current version of the privacy policy.

 

Updated: May 2023

Locksmith 4.0.0

Copyright (c) 2015 matthewpalmer Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

MTBBarcodeScanner 5.0.11

Copyright (c) 2016 Mike Buss Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

SideMenu 6.4.7

Copyright (c) 2015 Jonathan Kent Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

SwiftyBeaver 1.8.4

The MIT License (MIT) Copyright (c) 2015 Sebastian Kreutzberger Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

YoutubeDirectLinkExtractor 0.3.0

MIT License Copyright (c) 2018 Andrey Sevrikov Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Quick 2.2.0

Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and (b) You must cause any modified files to carry prominent notices stating that You changed the files; and (c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS APPENDIX: How to apply the Apache License to your work. To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "{}" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives. Copyright 2014, Quick Team Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Nimble 8.0.4

Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and (b) You must cause any modified files to carry prominent notices stating that You changed the files; and (c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS APPENDIX: How to apply the Apache License to your work. To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "{}" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives. Copyright 2016 Quick Team Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.