1. Subject matter of the contract
1.1 Right of use
Authorized users are the owner as buyer of the CRANEbee license and the persons authorized by the owner of the CRANEbee license to use the software. The right of use is not transferable without written permission from CRANIMAX. It expires automatically if the license expires or is transferred to a third party after CRANIMAX’s written permission. CRANIMAX reserves all rights to CRANEbee and its contents. The right of use is limited to the installation of CRANEbee on the selected hardware, the execution of the installed applications for the contractual purpose, the storage of project data on local data carriers, the exchange of data necessary for the execution of the applications with the CRANIMAX server and the export of planning data in documents in PDF format.
The user is not authorized,
- to modify CRANEbee or use it in such a way that other software could be impaired or persons or property could be damaged,
- to modify, reconstruct, decompile, create other products from or disassemble the software programs contained in CRANEbee and/or to use CRANEbee or parts thereof for purposes other than those granted to CRANEbee in this Agreement,
- to use CRANEbee as far as national or international legal regulations, e.g. import or export regulations, are violated thereby.
1.2 Availability
The availability of CRANEbee depends on a functioning data connection between CRANIMAX and the user as well as on the functioning of all systems involved. Therefore, it cannot be excluded that access to CRANEbee is temporarily not possible or restricted. CRANIMAX reserves the right to interrupt the availability of CRANEbee to the extent customary in the market for maintenance measures or updates.
1.3 Support
CRANIMAX is available for questions and problems due to or in connection with CRANEbee during CRANIMAX business hours. Furthermore, CRANIMAX is not obliged to provide the user with services for the use of the software in addition to the above-mentioned operating instructions, whether in the form of online support or a hotline. The CRANIMAX service and price list applies to all additional support services offered.
2. Remuneration
For granting the right of use to CRANEbee, the user must pay the contractually agreed remuneration.
3. Protection of the software and prohibition of reproduction
By purchasing the license, the user does not acquire ownership of the program, but merely receives a non-exclusive right of use. CRANEbee is protected by national and international copyright and intellectual property laws and treaties. CRANIMAX remains the owner and originator and holder of other intellectual and immaterial property rights to the CRANEbee application. Any use of the CRANEbee outside the rights expressly granted to the user in this agreement and outside the contractual purpose constitutes a breach of contract and may infringe copyrights, trademark rights and other statutory provisions. This contract does not give the user any rights to trademarks or design of CRANIMAX. The user is not entitled to duplicate CRANEbee beyond the creation of a normal backup. Any, also the non-commercial passing on of calculation and planning results of the program to third parties or the rental or public demonstration require the written permission of CRANIMAX for each individual case.
4. Warranty and liability
CRANIMAX guarantees that CRANEbee functions under the application conditions tested by CRANIMAX, in particular system requirements, and can be used by the user without legal restrictions. The following minimum system requirements must be met in order to use CRANEbee:
- Processor with 1.8 GHz and more
- 4 GB RAM (8 GB recommended)
- Hard disk space: 1.5 GB basic program plus ~ 0.1 GB to 2 GB for each crane
- Operating system: Microsoft® Windows® 7 professional SP1 (64 bit only) and higher
- Network: Windows compatible network share
The warranty period on the part of CRANIMAX is twelve months from the first installation of CRANEbee at the user. The warranty is excluded if there are defects or malfunctions in the hardware used by the user, in the operating system, file management or the data connection, as well as in case of faulty operation or subsequent changes. In such a case, the User is obliged to reimburse CRANIMAX in full for any costs incurred for troubleshooting and/or troubleshooting. In the event of a significant defect, CRANIMAX will remedy the defect within a reasonable period of time after written request. If the defect is not remedied after the expiry of the period, the user shall be entitled to reduce the user fee or to withdraw from the contract.
CRANEbee shall assist the user as a planning tool and provide quick preliminary results. The calculated ground pressures are theoretical values which can only be correct under certain circumstances. The prerequisite for this is that the crane stands on a level and even surface.
It is also assumed that the displayed superlift or derrick ballast is within the minimum-maximum range. Since CRANEbee does not take into account all influences such as deflection, environmental influences, load or crane movements, the actual ground pressures or support loads can deviate greatly from the values calculated in this software depending on the strength of these influences. When driving without load, the values may be higher than the maximum ground pressures in operation with load.
The results do not release the user from his duty of care to check the values on the crane and on the construction site and, if necessary, to recalculate them using his own methods. CRANEbee also does not replace safety functions in and on the crane. All calculation results and information which the user receives through or in connection with the use of the CRANEbee do not replace the application documentation belonging to the crane models used, for example the operating, assembly or maintenance instructions, load tables or similar. Despite the use of CRANEbee, the user remains solely responsible for the planning and selection of a crane.
In the event of personal injury, CRANIMAX is in any case only liable for intent and gross negligence. The warranty expires if the CRANEbee or the calculation results of the CRANEbee are passed on to third parties, whether with or without the permission of CRANIMAX.
5. General information
Questions of data protection are regulated separately in the data protection declaration. CRANIMAX will immediately inform the user of any changes to these Terms of Use or the Privacy Policy or the introduction of additional conditions. Until such notice is given, the change shall be deemed approved if the User does not object to it within six weeks. If the User does not object, CRANIMAX will use the amended version of these Terms of Use or the Privacy Policy as a basis for the continued use of CRANEbee. CRANIMAX will point out these consequences when announcing the change.
Amendments to this agreement must be made in writing. The German version of these Terms of Use shall take precedence over translations into other languages. Should any provision of this agreement be or become invalid, this shall not affect the validity of the remaining provisions of this agreement; the invalid provision shall be deemed to be replaced by a provision that comes as close as legally permissible to the economic purpose of the invalid provision. The same applies if this agreement contains a loophole.
6. Place of jurisdiction/applicable law
German law shall apply in the event of legal disputes arising from this agreement. Place of jurisdiction is Zweibruecken, Germany.
Privacy policy for the application CRANEbee
The privacy policy applies to the use of CRANEbee by the authorized user (hereinafter referred to as “user” in both the male and female form for better readability). Any agreements that may apply to the user vis-à-vis his employer remain unaffected by this data protection declaration. If the user later revokes his confirmation, the user is obliged to uninstall the program. The customer’s license will be blocked.
CRANIMAX GmbH attaches great importance to data protection and data security and complies with all applicable data protection regulations. We will explain in detail below for which purposes and to what extent personal data is collected, processed and used by CRANIMAX GmbH when using CRANEbee for this purpose. Data processing shall only take place upon the user’s request pursuant to Art. 6 para. 1 sentence 1 lit. b DSGVO for the purposes explained below.
I. Collection and storage of personal data
1. Inventory and content data
1.1 Collection of inventory and content data during product activation
Personal data of the user is transferred to CRANIMAX for product activation of the license after input by the user and stored there. Personal data are:
- Company name
- Serial number of the CRANEbee license
- Product activation email address
1.2 Metadata
A range of metadata can also be assigned to your inventory record. In particular, this includes the following data:
- the creation date of the record,
- the creator of the record,
- a user ID,
- the customer number assigned to the user,
- a log file containing information about the hardware and software used by the user,
- IP address,
- Usage metrics, such as useful life, usage behavior, regional location,
- the date on which the record was last changed, and
- a note stating that the storage and processing of the data has been agreed to in accordance with 1.1 above.
This data shall be automatically transmitted to CRANIMAX.
1.3 Visibility of the user’s data to other persons
The administrator is obliged to ensure compliance with the applicable data protection regulations in relation to the users of the licensing company.
II. Further processing and use of data
The collection of inventory and content data is required for the following purposes in addition to the fulfilment of reciprocal obligations arising from the user agreement concluded between the parties
- the communication of CRANIMAX with the user,
- for proper invoicing,
- for quality assurance and continuous improvement of CRANIMAX products,
- to avoid misuse of data by third parties,
- to fulfill warranty rights in case of defects and occurred errors, and – in case of a product support commissioned by the user – to be able to help quickly and effectively with problems.
III. Transfer of usage and inventory data to third parties
Usage and inventory data will only be passed on to third parties,
- if and insofar as this is absolutely necessary for the execution of the contractual relationship existing with the user or for the enforcement of claims of CRANIMAX GmbH,
- if the user has consented to the transfer,
- if CRANIMAX is legally obliged to do so or is obliged to do so by a court, or
- when inquiries are made by authorities, in particular law enforcement authorities or supervisory authorities, if and to the extent that this is necessary to avert threats to public safety and order and to prosecute criminal offences.
IV. Links to other websites
The information offered in connection with CRANEbee and the application itself may also contain links to websites of providers not affiliated with CRANIMAX. The operators of all linked sites are solely responsible for their content. After clicking on the link, CRANIMAX no longer has any influence on the processing of personal data transmitted to third parties (such as the IP address or the URL on which the link is located) and in this case assumes no responsibility for their collection and processing.
V. Information, correction, deletion, blocking
The user has the right to request information about the personal data stored about him by CRANIMAX at any time. In addition, the user has the possibility at any time to have his personal data corrected, blocked or deleted if the legal requirements for this are fulfilled in each case. In the event of inaccuracies, CRANIMAX will correct the stored data immediately after notification by the user. All enquiries should be sent to the e-mail address dsgvoinfo@cranimax.com .
Personal data will be deleted if
- the collection or processing was inadmissible from the outset,
- the processing or use proves to be inadmissible due to subsequent circumstances, or
- knowledge of the data is no longer necessary for the fulfilment of the purpose of processing or use.
Excluded from the deletion are only the data that CRANIMAX requires to process outstanding tasks or to enforce claims, as well as data that must be stored in accordance with legal requirements. However, such data will be blocked.
VI. Security
CRANIMAX uses technical and organizational security measures to ensure that the personal data of all users is protected against loss, incorrect changes or unauthorized access by third parties. In any case, only authorized persons have access to the User’s personal data, and only to the extent necessary for the purposes stated above.