Special terms of use for the "FRIAMAT Software Update” module in the customer portal at aliaxis.de

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With the “FRIAMAT Software Update” module, the user has the option of receiving new unit-specific information and innovations for the fusion units registered in the module and downloading the available software updates and, finally, of performing a software update himself on the FRIAMAT fusion unit (currently only for 7th generation FRIAMAT fusion units; in future also for other FRIAMAT unit types). After registering for the “FRIAMAT Software Update” module, the user will receive update notifications as well as further unit-specific information and innovations for the registered FRIAMAT fusion units of the user by email from ALIAXIS Germany and its affiliated companies to the email address saved in the user account in the customer web portal.

For the use of the “FRIAMAT Software Update” module, the following special terms of use apply in addition to the general terms of use of the customer portal of ALIAXIS Deutschland GmbH, Steinzeugstrasse 50, 68229 Mannheim (hereinafter ALIAXIS Germany) and the services offered to the user there. The currently valid version of the general and special terms of use for the customer portal on aliaxis.de can be viewed and printed out at www.aliaxis.de in the footer under the heading “GTC”.

Important note: to use the FRIAMAT fusion unit, you have to enter a four-digit activation PIN once in the unit display. This activation dialog in the FRIAMAT fusion unit itself can be skipped in order to activate it at a later point in time. The FRIAMAT fusion unit must also be registered independently of the activation dialog via the ALIAXIS Deutschland GmbH customer portal using the FRIAMAT software update module. However, the FRIAMAT fusion unit itself is not activated. The “FRIAMAT Software Update” module also does not generate an activation PIN to activate the FRIAMAT fusion unit. The user can find the details of activating the FRIAMAT fusion unit in the section “Initial start-up” in the current operating instructions.

I Terms of Use, Registration for Use

  1. The prerequisite for access and use of the “FRIAMAT Software Update” module is registration in the ALIAXIS Germany customer portal as a basic user. This requires approval of the general terms of use for the customer portal on aliaxis.de.
  2. In order to be able to use the “FRIAMAT Software Update” module, you must agree to these special terms of use when you retrieve the “FRIAMAT Software Update” module for the first time.

II Options for Use and Module Contents

  1. FRIAMAT fusion units (only for FRIAMAT units offering this update function) can be registered in the “FRIAMAT Software Update” module. To do this, the user must enter and save the unit number and the date of purchase for each FRIAMAT fusion unit being registered.
  2. Software updates will be downloaded and made available in the “FRIAMAT Software Update” module as soon as one becomes available for a registered FRIAMAT fusion unit, so long as it can be installed by the user and does not require the assistance of an authorised service station of ALIAXIS Germany. ALIAXIS Germany is not obliged to provide or offer updates.
  3. The user will be informed of any recently available software update by email using the email address that was given during customer registration.
  4. The user can download the download file to a standard USB stick using a standard computer with USB connections and Internet access. Commercially available USB sticks of format FAT 32 with up to 256 GB can be used for the software updates. The standard USB stick must be formatted in FAT 32 before use. The software update can then be carried out by the user using the respectively valid operating instructions for the FRIAMAT fusion unit and the instruction file for the respective update via the USB interface on the FRIAMAT fusion unit.
  5. Each update consists of several files. One of these files contains the instructions for performing the update and information on any necessary system and hardware requirements (especially system requirements, USB stick) for downloading and transferring to the FRIAMAT fusion unit. The process and application notes for performing the respective update are described in the instruction file. License conditions and regulations on usage rights are also attached to the update as a file.

III Duties of the User

  1. The user is obliged to keep his email address and his user and company data saved in the customer portal up-to-date in order to ensure that he can actually receive the update notification email.
  2. The user may only register FRIAMAT fusion units (only for FRIAMAT units offering this update function) which he owns or are owned his employer or client, provided that the latter has not already registered the unit.
  3. If the registered FRIAMAT fusion unit is sold, the user must inform the new owner about the update options and use of the “FRIAMAT Software Update” module in the customer portal on aliaxis.de, as well as ALIAXIS Germany about the change of ownership or keeper by naming the new owner and/or keeper.
  4. If, for whatever reason, the user is not able to install the update on the FRIAMAT fusion unit, he is obliged to contact the relevant service station or service partner or to contact ALIAXIS Germany directly.
  5. The introduction of the “FRIAMAT Software Update” module does not release the user from his obligation to use the FRIAMAT fusion unit used by him, by third parties or on his behalf in accordance with the information in the operating instructions (once a year) and the conditions applicable at the place of use but at least to maintain or have serviced in accordance with the relevant technical standards and rules as well as relevant official requirements. If the generally recognised rules of technology applicable at the respective place of use of the FRIAMAT fusion unit provide for a shorter maintenance period than one year, this shorter period must be observed.

IV Conduct and Terms of Use

  1. In accordance with these special terms of use, the user receives the simple, non-exclusive, non-transferable right to use the “FRIAMAT Software Update” module, which is limited to the duration of the user contract.
  2. The FRIAMAT fusion units registered by the user in the “FRIAMAT Software Update” module are saved by ALIAXIS Germany for the purpose of technical support, the development of new services and products, statistics and the implementation of sales support measures.

V Update and Unit Information per Email after Termination of the User contract / Data Protection

  1. If the user contract for the “FRIAMAT Software Update” module or for the customer portal on aliaxis.de is terminated in its entirety, the user may inform ALIAXIS Germany as to whether the user no longer wishes to receive update and device information about the previous registered units via the email address previously registered in the customer portal. If the user does not inform ALIAXIS Germany upon termination of the user contract that they no longer wish to receive update and device information from ALIAXIS Germany, the user agrees that the he will continue to receive update and device information on the previous units until ALIAXIS Germany is notified to the contrary. The user will be informed of the option of unsubscribing from or changing the email address used to receive the update and device information in every notification email / update notification. The user's email address will continue to be used after termination of the user contract to safeguard the legitimate interests of ALIAXIS Germany as well as the interests of the user as the owner and operator of the registered FRIAMAT fusion units for the purpose of informing him about update options and device information, so that the user as the owner or operator of the units, can promptly ensure that the updates are installed in other ways (e.g. through service stations).
  2. If the user is a natural person, the user reserves the right, for reasons that arise from his particular situation, to object at any time to the processing of his personal data used to send the update and device information after termination of the user contract, which is then based on Article 6 paragraph 1 lit. f GDPR. ALIAXIS Germany will then no longer process the personal data unless ALIAXIS Germany can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
  3. Cessation of use of the “FRIAMAT Software Update” module or the customer portal on aliaxis.de in its entirety does not release the user from the obligation that the FRIAMAT fusion unit used by him, by third parties or on his behalf must be maintained in accordance with the contents of the currently valid operating instructions, as well as the applicable conditions at the place of use, and at the very least in accordance with the relevant technical standards and rules, as well as relevant official requirements. If the generally recognised rules of technology applicable at the respective place of use of the FRIAMAT fusion unit provide for a shorter maintenance period than one year, this shorter period must be observed.
  4. Even after using the “FRIAMAT Software Update” module or the customer portal on aliaxis.de, ALIAXIS Germany is not obliged to provide, offer or inform the user of software updates in any other way.
  5. If the user is a natural person, information about further rights of the user and information about the handling of the personal data of the user is available at https://www.aliaxis.de/de/metanavigation/datenschutz.

Mannheim, October 2020