1. Scope
1.1 The following terms and conditions apply for the use of TÜV Rheinland Virtual Expert Online Remote Video Service powered by Librestream INC. (hereinafter called TÜV VIRTUAL EXPERT SERVICE) agreed between TÜV Rheinland Service GmbH (hereinafter called "TÜV"), the Customer and its authorized users (hereinafter called Users), which allows TÜV to support its affiliates companies conducting their services for the Customer via an “Online Remote Video Service”.
1.2 Conflicting or deviating conditions of the Customer and/or its Users do not apply and are hereby excluded. General terms and conditions of the Customer and/or its Users shall not become part of the contract even if TÜV does not expressly object to them or performs services without reservation.
2. Definition
The following terms used in these Terms and Conditions have the following meanings:
2.1 “TÜV affiliate company” means the respective TÜV Rheinland Company which is providing the customer with the agreed service.
2.2 “Customer” is the contractual partner of the respective TÜV Rheinland Company conducting the agreed service.
2.3 “User/s” are only authorized employees, suppliers, vendors, factories, and agents of Customer and Customers affiliates within the meaning of section 15 ff. of the German Stock Corporation Act (AktG). Authorization for each User is provided by the Customer designated responsible contact person (hereinafter called Administrator) to TÜV contact person (TÜV Coordinator).
2.4 Customers “Administrator” is the User on Customer side who is solely entitled to authorize each User for the use of TÜV VIRTUAL EXPERT SERVICE.
2.5 „Use" shall mean the use of TÜV VIRTUAL EXPERT SERVICE provided for the Customer and his Users in accordance with these Terms and Conditions.
2.6 “Licensee” means, each Customer and its User/s who downloads any of the Software, who installs any of the Software and/or who uses any of the Software and/or any Computing Device on which any of the Software has been installed or has otherwise been incorporated.
2.7 “Librestream INC.” means the proprietary owner of the software called “TÜV VIRTUAL EXPERT SERVICE”.
3. Functions / Features
- Talk, stream video, share high quality snapshots and content snips, add text and telestrate onscreen;
- Broad Device Support; runs on enterprise wearables, smartphones, tablets, PCs, and on-site devices;
- Remotely control the field camera adjusting zoom or lighting and taking pictures with a real-time field experience from the desk;
- Performs in even the low Bandwidth; share live content in even the most extreme low bandwidth – cellular, wireless or satellite
- Build a centralized knowledge base of content; record assessment sessions for future evidences in aim to answer critical questions regarding technical incidences; Information stored on local folder on PR of authorized User who has launched the remote session;
- Possible multiple participants to the call;
- High security with end-to-end encryption and authentication; data security will be ensured to save the knowhow and assets.
4. Access
4.1 TÜV VIRTUAL EXPERT SERVICE is provided solely for Users. Authorizations for each Users are carried out by the Customer’s Administrator to TÜV Coordinator.
4.2 In order to use TÜV VIRTUAL EXPERT SERVICE User will be notified by an invitation sent to e-mail address or per sms to the smartphone set up for the User by the Customer’s Administrator generated by the system and initiated by the responsible testing inspector assigned for the agreed service between Customer and the respective TÜV Rheinland Company.
4.3 After downloading and installing TÜV VIRTUAL EXPERT SERVICE software application on Users Hardware, User can join the remote session by clicking the session link sent in the invitation.
4.4 The Customer and its Users are responsible for providing the technical facilities required for using TÜV VIRTUAL EXPERT SERVICE (including internet connection). For access that means a state-of-the-art internet connected technical device (like Computer, Tablet, Smartphone) with video and audio function and non-restrictive firewall which blocks access.
4.5 Passing on the personal access information to third parties is expressly prohibited. The Customer and every of its Users are required to report any misuse of access data immediately on becoming aware thereof and to change the password without delay. There should be no sharing of user credentials for any User.
4.6 TÜV may refuse registration without stating a reason or block the Customers and its Users at any time if it is any doubt about the accuracy of user data or there are specific indications that the User may be contravening the Terms and Conditions of Use or be in breach of the law, security and functionality of TÜV VIRTUAL EXPERT SERVICE.
5. Customer and User’s Duties
5.1 The Customer is fully liable for his actions, the actions of his Users and any resulting damages. The Users own responsibility remains unaffected.
5.2 The Customer and his Users have the obligation to inform TÜV immediately of any misuse of access data or passwords or their loss. TÜV shall be then entitled to block access to TÜV VIRTUAL EXPERT SERVICE for each User until the circumstances have been clarified and the abuse has been remedied.
5.3 The Customer and its Users are responsible for ensuring that the technical prerequisites for access TÜV VIRTUAL EXPERT SERVICE are created in their area and maintained during the term of use. In particular, the Customer and its Users shall use state-of-the-art hardware, operating system software and Internet access with up-to-date software and have them used by its authorized users as well as have a stable Internet connection on site.
5.4 In the event of further development of TÜV VIRTUAL EXPERT SERVICE, it shall be the responsibility of the Customer, after having been informed by TÜV, to make the necessary adjustments to the IT infrastructure used by him and to inform his users accordingly and also to oblige them to implement the same.
5.5 The Customer and its Users are obliged to take the necessary precautions to secure their systems, in particular to use the usual security settings and to use current protective mechanisms to defend against malware in order to prevent impairments of TÜV VIRTUAL EXPERT SERVICE. Any use of TÜV VIRTUAL EXPERT SERVICE which may result in damage, decommissioning, overloading or impairment of TÜV VIRTUAL EXPERT SERVICE is prohibited and must be avoided. The Customer and its Users shall be liable without limitation for any damage arising in this concern.
5.6 The Customer and its Users must ensure that no use of TÜV VIRTUAL EXPERT SERVICE with their access data is in breach of statutory bans, good morals and/or third-party rights (brands, names, copyright, data protection rights, etc.).
5.7 Customer and its Users agree not to create any content or otherwise transmit any information, data or material, that (a) is false or misleading (b) is harassing or invades another’s privacy, harms minors in any way, or promotes bigotry, racism, hatred or harm against any group (c) is obscene (d) infringes another’s right, including but not limited to intellectual property rights (e) constitutes spam or (f) constitutes any kind of computer virus. Customer is responsible for all Content and other materials that Customer and its Users transmit or use via TÜV VIRTUAL EXPERT SERVICE.
5.8 TÜV expressly reserves the right to suspend or terminate any account and/or remove or delete any content without prior notice if use of TÜV VIRTUAL EXPERT SERVICE is likely to interfere with the stipulations of
Section 5.
6. Confidentiality
6.1 By using TÜV VIRTUAL EXPERT SERVICE, TÜV may gain access to expressly stated Confidential Information of the Customer and/or its Users, for example confidential documents, pictures, drawings, know-how, data, samples and/or project documents (hereinafter called "Confidential Information"). TÜV is permitted to use, process and make these Confidential Information available to Librestream INC. via TÜV VIRTUAL EXPERT SERVICE to supply TÜV affiliate Companies (including their employees, test inspectors, consultants, auditors, attorneys, service providers) with the streamed and/or recorded video and audio content for conducting the agreed Service between the TÜV affiliate Company and the Customer.
6.2 During and after the term TÜV will: (a) use the Confidential Information solely for the purpose for which it is provided; (b) not disclose such Confidential Information to a third party, except on a need-to-know basis to its affiliate Companies (including their employees, test inspectors, consultants, auditors, attorneys, service providers) its attorneys, auditors, consultants, and service providers (like Librestream INC.) who are under confidentiality obligations at least as restrictive as those contained herein; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that it protects its own Confidential Information of a similar nature.
6.3 If TÜV is required by law to disclose Confidential Information, TÜV will give prompt written notice to the Customer before making the disclosure, unless prohibited from doing so by the legal or administrative process.
7. Availability
7.1 The Customer and its User’s are not guaranteed any specific availability of TÜV VIRTUAL EXPERT SERVICE and are not entitled to permanent use of TÜV VIRTUAL EXPERT SERVICE.
7.2 The Customer and its User’s will not be notified when TÜV VIRTUAL EXPERT SERVICE is not available due to system outages.
7.3 The Customer and its User’s will also not be notified for carrying out maintenance, installation or upgrade work. TÜV is under no obligation to give prior notice. TÜV VIRTUAL EXPERT SERVICE is in international use, so specifying certain maintenance times that are based on, e.g. office hours is not possible.
7.4 The Customer and its Users are also advised that TÜV VIRTUAL EXPERT SERVICE may not be usable for reasons that are beyond TÜV risk or control or make an unscheduled system shutdown urgently necessary. These reasons include force majeure, telecommunication line faults, third-party disruptions, averting virus risks, hacking or threats to data security or confidentiality. TÜV is not obliged to notify Customer and its Users of the need to shut the service down.
7.5 In principle TÜV VIRTUAL EXPERT SERVICE may for cause be shut down for maintenance at any time.
8. Limited License and Right of Use
8.1 TÜV VIRTUAL EXPERT SERVICE is based on Librestream Software, that is proprietary to Librestream Technologies INC. a corporation with offices located at Suite 110-895 Waverley Street, Winnipeg, MB R3T 5P4 Canada and that is not Third Party Software.
8.2 Subject to Licensee’s strict compliance with the terms and conditions of this Agreement, Licensee is granted, during the term of this agreement a worldwide, non-transferable, non-exclusive, revocable, royalty-free limited license to use the Software for business relationship purposes with TÜV and TÜV affiliate Companies on Computing Devices owned or under the control of Licensee and for no other purpose whatsoever.
8.3 A Licensee may not use the Software on any Computing Device for which the Licensee does not have a valid license key.
8.4 Any use of the Software which is not expressly authorized by this Agreement is strictly prohibited. Without limiting the generality of the foregoing and notwithstanding any other provision of this Agreement, in no event may Licensee do any of the following or permit any third party to do any of the following:
8.4.1 transfer, assign or sublicense any of its license rights to any other person; or
8.4.2 distribute, license, sublicense, rent, lease or sell the Software or any portion thereof as a standalone product – any such distribution, license, sublicense, rent, lease or sale shall be null and void; or
8.4.3 circumvent in any manner whatsoever the activation process that needs to be followed in order to use the Software as authorized by this Agreement; or
8.4.4 make error corrections to or otherwise modify or adapt the Software or any portion thereof; or
8.4.5 reverse engineer, decrypt, disassemble or decompile the Software or any portion thereof, or otherwise reduce the Software of any portion thereof to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this prohibition; or
8.4.6 create any derivative works based upon the Software or any portion thereof or take any actions that would cause the Software or any portion thereof to become subject to the GPL, the LGPL or any other open source license (unless that portion is already expressly subject to the GPL, the LGPL or any other open source license, as expressly noted in any Third Party Software License Agreement); or
8.4.7 use the Software or any portion thereof to perform services for third parties outside the scope of Licensee’s business relationship purposes with TÜV and TÜV affiliate Companies, whether on a service bureau or time sharing basis or otherwise.
8.5 The Software is licensed, not sold. All right, title and interest in and to the Software and any copies thereof, regardless of form or media, shall remain solely with Librestream INC. or the Third Party Licensors (TÜV), as the case may be. Except as expressly provided herein, this Agreement does not grant Licensee any rights under any of Librestream’s or any Third Party Licensor’s patents, copyrights, trade secrets, trademarks or other Intellectual Property rights. Librestream and each Third Party Licensor retain all rights not explicitly granted herein.
8.6 Licensees may make such limited copies of the Software as are strictly necessary for backup purposes only, provided that Licensee (i) does not copy the Software onto any public or distributed network and (ii) will not remove, obscure or destroy, and will reproduce on all copies of the Software so made, any Librestream and any Third Party Licensor names, logos, copyright or other notices, trademarks and other proprietary markings which appear on the Software.
8.7 User Accounts are only valid for the period of time for which TÜV has paid the applicable license to Librestream INC. Once such period of time expires with no further payment then that User Account will become invalid and Licensee will no longer be able to use the Software via that User Account.
9. Customers Proprietary Rights and Rights of Use
9.1 Customer and/or its Users grants TÜV a perpetual, non-exclusive, non-transferable, right, to use every video and audio content made available by the Customer and/or its Users via TÜV VIRTUAL EXPERT SERVICE to service TÜV affiliate Companies for conducting the agreed service. Therefore the Customer and its Users declare their express consent that Librestream INC. as provider of the software is allowed to store and process the data either for the purpose of this agreement.
9.2 If therefore the personal consent of a filmed and recorded person is required for the use of the transmitted video and audio content, the Customer is obliged to obtain the prior consent of the persons depicted within the content.
10. Defects
10.1 TÜV states expressly, however, that no specific assurances are given with regard to the use of TÜV VIRTUAL EXPERT SERVICE, the contents or its functionalities.
10.2 In particular, TÜV does not give any kind of guarantee that TÜV VIRTUAL EXPERT SERVICE will correspond to the Customers and its User’s needs, will work with the Customer and its User’s programs, or that the software is suitable for the Customer and its User’s purposes. TÜV does not guarantee compatibility with any other of the Customers and its User’s systems in connection with the use of TÜV VIRTUAL EXPERT SERVICE.
10.3 TÜV operates TÜV VIRTUAL EXPERT SERVICE to the technical standard provided by Librestream INC.. Due to technical circumstances, however, no guarantee or warranty of TÜV VIRTUAL EXPERT SERVICE freedom from computer viruses can be given, so all Customers and its Users are required for their own protection, but also to prevent the placing of malware on TÜV VIRTUAL EXPERT SERVICE, to take suitable precautions themselves and use appropriate computer virus scanners or other technical provisions for this purpose.
10.4 In the event of a defect, TÜV thrives to remedy the defect within a reasonable period of time, but only in-between the time period provided by Librestream INC. The notification of defects by the Customer must be in textform.
11. Liability
11.1 TÜV is not liable for damages or reimbursement of expenses on whatever legal grounds - in particular due to defects, breach of duties arising from the contractual relationship or tort. This applies in particular, but not exclusively, to claims for damages due to lost sales or profits, financing costs as well as damages as a result of business interruption or loss of production.
11.2 This exclusion of liability according to section 11.1 does not apply in the case of a) intent or gross negligence, b) liability for guaranteed quality characteristics, c) liability on the basis of the Product Liability Act and d) culpable injury to life, body or health. In addition, TÜV is also liable in accordance with legal provisions in the event of a breach of essential contractual obligations, i.e. obligations whose fulfilment is essential for the proper execution of the contract and on whose observance the Customers regularly relies and may rely.
11.3 TÜV's strict liability for defects already existing at the time the contract was concluded in accordance with § 536a (1) half-sentence 1 BGB (German Civil Code) is excluded.
11.4 Insofar as TÜV is not liable for intent or gross negligence, injury to life, body or health, for guaranteed quality characteristics or under the Product Liability Act, TÜV's liability in the event of a breach of essential contractual obligations is limited to the foreseeable damage typical for the contract.
11.5 Insofar as liability under this section 11 is excluded or limited, this shall also apply to the personal liability of the employees, representatives, organs and other employees of TÜV and its assistant and vicarious agents.
11.6 The limitation period for claims for damages and reimbursement of expenses shall be governed by legal provisions.
11.7 No change in the burden of proof to the detriment of the Customer and its Users shall be construed with the above mentioned provisions.
11.8 TÜV accepts no liability for contents of external links, unless TÜV expressly adopts these content as its own, the illegality of the content was clearly apparent to TÜV at the time of linking and TÜV violated a reasonable duty of inspection in this context.
11.9 TÜV is not responsible for the content of sites linked to TÜV VIRTUAL EXPERT SERVICE that are not operated by TÜV. This also applies to illegal, incorrect or incomplete content on these pages and in particular to damage arising from the use or non-use of information on the linked pages.
11.10 The Customer will indemnify TÜV for all claims, legal proceedings, losses, damage, fines, penalties and costs incurred, including but not limited to costs of legal action, court and attorneys fees, arising from acts by the User or by third parties commissioned by the User or attributable to the User and will thus indemnify and if applicable compensate TÜV. The Users own responsibility remains unaffected.
12. Termination of Use
12.1 Irrespective of the regulations stipulated in section 8.7, Customers and its Users right to use TÜV VIRTUAL EXPERT SERVICE ends automatically upon the agreed Service of a TÜV affiliate Company is conducted, without the need for a separate termination.
12.2 Otherwise the right to use TÜV VIRTUAL EXPERT SERVICE ends, if TÜV terminates the User Agreement for cause without notice. Such cause shall exist especially for TÜV,
12.2.1 if the Customer and its Users commits a serious breach of its duties arising from Sections 4, 5 and 8 (above).
12.2.2 if Librestream INC. and TÜV quite their cooperation to provide TÜV VIRTUAL EXPERT SERVICE based on Librestream INC. software for any reason.
12.3 Upon termination, TÜV shall be entitled to immediately block access to TÜV VIRTUAL EXPERT SERVICE for the Customer and its Users without any notification.
13. Data Protection
User data is handled in accordance with TÜV Rheinland Data Protection Declaration available through the following link: https://www.tuv.com/world/en/data-protection-declaration-wo/ . The person related data will be stored for maximum 24 months after expiration/ fulfillment of the respective contract for the purposes of post-project relevant requests
14. Export Restrictions
14.1 Customer and/or its Users may not access, download, use or export the service rendered under this agreement, or any Information, Data not belonging to the Customer, in violation of any national or international export regulations, or in violation of any other applicable laws or regulations. Customer agree to comply with all export laws and restrictions and will not directly or indirectly, provide or otherwise make available the services of TÜV in violation of such restrictions, laws or regulations, or without all necessary approvals.
14.2 The performance of this agreement is subject to the provision that there are no obstacles to performance due to national or international foreign trade legislations or embargos and/or sanctions.
15. Amendments, Ineffective Provisions, Applicable Law, Place of Jurisdiction
15.1 Amendments and additions to these Terms and Conditions of Use must be made in textform to be valid; this also applies to amendments and supplements to this text form regulation. The priority of the individual Agreement between the parties in accordance with § 305 b BGB remains unaffected.
15.2 Oral side agreements do not exist.
15.3 Should individual provisions of these Terms and Conditions of Use be or become ineffective the validity of the remaining provisions shall not be affected.
15.4 Legal disputes arising from or in connection with these Terms and Conditions of Use shall be subject solely to substantive German law.
15.5 The place of jurisdiction is Cologne, Germany.