Terms of Contract and Use
WeldCube Air
Valid from 1st of January 2023
1 General
1.1 FRONIUS INTERNATIONAL GmbH (hereinafter referred to as "Fronius") enables the
provision of the web application "WeldCube Air" (hereinafter also referred to as
"Software" or "WeldCube Air") via the website air.weldcube.com, for which the
following terms apply. In the registration process, you accept their exclusive validity
by clicking on the corresponding checkbox. The Customer's general terms and
conditions shall not apply.
1.2 WeldCubeAir is operated and maintained by and on the servers of Fronius or a third
party. Access to and use of WeldCubeAir by the Customer shall be via the Internet
using a browser.
1.3 It is noted that the parties are entrepreneurs within the meaning of § 1 Austrian
Commercial Code (UGB) and that there is no founding transaction within the
meaning of § 1 para 3 Austrian Consumer Protection Act (KSchG).
2 Subject matter of the Contract and Scope of Services
2.1 The subject matter of this Contract is providing the web-based application WeldCube
Air for use of its functionalities, the granting or procurement of rights of use to the
software, if applicable, against payment of the agreed fee.
2.2 The modules and their mode of operation as well as the technical requirements are
described in more detail at air.weldcube.com.
2.3 Access to WeldCube Air shall be browser-based via the Internet. For this purpose,
the Customer shall create an account via which it can use WeldCube Air to the agreed
extent. The Customer may allow third party WeldCube Air users to access its
organization.
2.4 Unless otherwise specified in the specifications, Fronius shall ensure that WeldCube
Air can be accessed during the term within the availability according to Clause 7, and
that the relevant infrastructure and WeldCube Air are dimensioned in such a way
that they are available with an appropriate response and execution speed with
regard to the expected / agreed accesses.
2.5 Fronius will ensure that during the runtime, within the availabilities, if the hardware
is correctly connected and functioning on site, there is an ongoing transmission of
the data. The data will be made available to the Customer via the account on his
dashboard for analysis and monitoring purposes. The customer shall ensure that
the welding equipment, including the firmware versions installed on it, is compatible
with WeldCube Air. The current compatibility list is made available under the link
air.weldcube.com on the Fronius Website.
2.6 The transfer point for the services contractually owed by Fronius is the router output
of the data center used by Fronius to the Internet. The Customer is responsible for
the condition of the required hardware on the part of the customer as well as for the
Internet connection between the customer and the handover point.
2.7 Fronius will provide updates as well as patches and bug fixes that bring WeldCube
Air up to date in order to solve errors and security deficiencies known to Fronius.
Furthermore, Fronius shall, at its own discretion, provide updates or upgrades of
WeldCube Air that optimize and improve its functionality. However, the Customer is
not entitled to this.
2.8 The Customer is responsible for the Internet connection between the customer and
the data center and the hardware and software required for this (e.g. PC, network
connection, browser). Any system requirements for hardware and software at the
customer's premises are regulated in the documentation, which is available on the
Fronius website.
2.9 If WeldCubeAir is provided free of charge, Fronius shall have the discretion to
determine the storage period of the data provided to the Customer. Otherwise, the
storage period shall be determined by the Performance specification. Irrespective of
any data storage, Customer shall be responsible for regularly saving of the data
entered and created by analysis.
3 Granting of Rights of Use
3.1 Fronius grants the customer a simple, non-exclusive, non-transferable, nonsublicensable and revocable right to use the Software for the agreed term in
accordance with and to the extent of the services ordered and as described below.
3.2 Fronius provides WeldCube Air via Internet. WeldCube Air therefore not provided to
the Customer for his own permanent storage, nor is the customer authorized to
make it accessible himself or to operate a data center.
3.3 If Fronius provides new versions, updates, upgrades or modifications of WeldCube
Air or makes other changes during the term of the Contract, the provisions of this
Clause shall also apply to these.
3.4 The customer shall not be entitled to receive, use or examine WeldCubeAir's
machine or source code or any development documentation.
4 Restrictions on Use
4.1 Fronius shall hold all rights of use and exploitation to WeldCube Air, all software
components, all further developments, improvements and adaptations, as well as all
copies thereof, and otherwise all works arising from the provision of the other
services.
4.2 The Customer shall not be permitted to use WeldCube Air for purposes other than
those described in the order, to modify, adapt, combine with other programs,
translate, convert to another programming language, reverse engineer or
disassemble, decompile or create derivative works. In particular, the customer is not
permitted to use WeldCube Air other than only within the contractual model.
5 Access Data; Access Rights
5.1 The Customer warrants that access to its WeldCubeAir organization is restricted to
persons authorized by the customer. The customer shall be responsible for
identifying and authenticating all users defined by the customer, for controlling
against unauthorized access by users and for maintaining the confidentiality of user
names, passwords and account information, regardless of whether they are users at
the customer's premises or at a third party named by the customer. If the customer
becomes aware that unauthorized third parties are aware of the access data or if
misuse of the WeldCubeAir account has already taken place, the customer shall
inform Fronius immediately.
5.2 User accounts and access data are not transferable and are limited to the agreed
contract period. Unless otherwise agreed in writing, maintenance (e.g. change of
rights) and deactivation shall be carried out by the Customer. If a user leaves the
company, the user account in question must be deactivated.
5.3 The Customer undertakes to use WeldCube Air exclusively for the contractual
purpose and only during the term of the contract. The customer shall bear the sole
risk for all actions taken by the user authorized by it via WeldCube Air, irrespective
of whether these are actions by its employees or third parties.
5.4 Fronius is not responsible for damage caused by authorized users or persons who
have gained access to WeldCube Air unlawfully or even by accident. The risk of
economic disadvantage or damage of whatever nature caused by the use of
WeldCube Air by such persons shall be borne by the Customer.
6 Fee
6.1 The fee shall be agreed as part of the order process and shall depend in particular
on the scope of the services ordered. If Fronius provides WeldCube Air (e.g.
temporarily or in the form of a test version) free of charge, Fronius shall be entitled
to charge the customer a reasonable fee for the further provision of the software in
the future; section 5.3 shall apply accordingly.
6.2 The Customer is not entitled to withhold payments or to offset them against claims
that have not been confirmed by a Court. All fees and taxes (e.g. value added tax)
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