This license agreement applies for the use of the Miele Voice Assistant Services, e.g. by using the Miele Voice Assistants for Amazon Alexa and/or Google Action, (“Miele Voice Assistants”) made available by the Miele & Cie. KG, Carl-Miele-Straße 29, 33332 Gütersloh, Germany (“Miele”) to the licensee (“you”). Usage of the Voice Assistant provided by Miele is solely permitted on the basis of the terms and conditions defined below. By activating or using the Voice Assistant, you acknowledge and agree to the following license agreement in full.
This license agreement solely relates to your use of the Miele Voice Assistants. No other services are owed to you under this license agreement.
Miele grants you a limited single-use, non-exclusive, revocable and non-transferable right to use the Miele Voice Assistants, subject to your strict compliance with all applicable laws, this license agreement, and any applicable Policies and Terms made available through the respective Stores. No additional rights are granted to you. Miele is the sole and exclusive owner of the rights to the Miele Voice Assistants. Any form of sub-licensing, rental and/or other distribution of the Miele Voice Assistants or usage rights to the Miele Voice Assistans may not be granted by you.
Miele Voice Assistants are provided free-of-charge and as a dynamic, developing products. Miele may extend, update or modify the Miele Voice Assistants, in particular add, modify or remove individual functions, at any time and at its own reasonable discretion. This license agreement shall also apply to updates or revisions thereto. However, you are not entitled to claim for any update of the Miele Voice Assistants which extends the functions of the Miele Voice Assistants.
You acknowledge and agree to the following restrictions and warrant that You will not encourage or facilitate any third party to violate these restrictions.
You shall not distribute, sell, rent or otherwise license or sub-license the Miele Voice Assistants without our prior approval;
You shall not commercially exploit the Miele Voice Assistants;
You shall not use the Miele Voice Assistants for any illegal purposes or in any way which could violate these Terms or any applicable law, in particular but without limitation to applicable data protection law or any other third party rights;
You shall not use the Miele Voice Assistants to interfere with, try to gain unauthorized access to, or otherwise disrupt any other products and/or services made available by Miele or any servers or networks connected with any products and/or services made available by Miele;
You shall not transmit any malware, defects or any other items of destructive nature or any other items which could threat the Miele Voice Assistants or any other products and/or services made available by Miele, to any servers or networks connected with any products and/or services made available by Miele;
You shall not translate, decompile, copy, reverse engineer, create derivative works or otherwise modify the Miele Voice Assistants unless You are explicitly entitled to do so under applicable mandatory law or under the Miele Vulnerability Disclosure Policy;
The foregoing restrictions do not apply to individual components of the Miele Voice Assistants that are subject to an open source license and whose use is therefore governed by the respective open source license.
Miele collects and processes personal and non-personal data through your use of the Miele Voice Assistants. For more information about the processing of your data, please see our privacy policy at privacy policy.
By accepting this license agreement, you acknowledge Miele’s and all other third party property rights to the Miele Voice Assistants in their entirety, and you are obliged to their preservation. These rights include, among others, copyrights, patents, trademarks and trade secrets.
You agree to undertake all necessary steps to prevent possible damage or injury to these rights, to stop said damage or injury, and to prosecute third parties if a third party has wrongfully accessed or come into the possession of the Miele Voice Assistants from you.
THE MIELE VOICE ASSISTANTS IS PROVIDED TO YOU ON AN “AS IS“ BASIS. MIELE MAKES NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE MIELE VOICE ASSISTANTS OR SUITABILITY OF THE MIELE VOICE ASSISTANTS, UNLESS EXPLICITLY STATED OTHERWISE. IN ANY CASE MIELE CANNOT WARRANT THAT THE MIELE VOICE ASSISTANTS ARE ACCESSIBLE WITHOUT INTERRUPTIONS OR TEMPORARY IMPAIRMENT IN THEIR FUNCTIONALITY AS THE MIELE VOICE ASSISTANTS. MIELE SHALL ONLY BE LIABLE FOR DAMAGES RESULTING FROM A LEGAL OR MATERIAL DEFECT OF THE MIELE VOICE ASSISTANTS IF MIELE FRAUDULENTLY CONCEALS THE RESPECTIVE LEGAL OR MATERIAL DEFECT. § 7 SEC. 3 OF THIS LICENSE AGREEMENT SHALL REMAIN UNAFFECTED.
MIELE DISCLAIMS ALL LIABILITY AND WARRANTY FOR VERSIONS OF THE MIELE VOICE ASSISTANTS WHICH ARE NOT INTENDED FOR USE BY END USERS (TEST, PILOT, ALPHA, BETA VERSIONS OR SIMILAR). YOU AGREE THAT YOU ARE AWARE OF AND ACCEPT THE RISKS INVOLVED IN USING SUCH PROGRAMS; IN PARTICULAR, THAT MALFUNCTIONS OR DATA LOSS MAY OCCUR. THE USE OF SUCH PROGRAMS IS AT THE SOLE RISK OF YOU AND ANY CLAIMS RELATING TO WARRANTY AND LIABILITY SHALL BE EXCLUDED.
MIELE'S LIABILITY TO YOU IS LIMITED TO THE SCOPE OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF COMPATIBLE "MIELE APP" AND "MIELE@HOME" PRODUCTS ONLY. MIELE SHALL BE LIABLE FOR DAMAGES CAUSED BY INTENT, GROSS NEGLIGENCE OR WILFUL MISCONDUCT AND IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THE GERMAN PRODUCT LIABILITY ACT WITHOUT LIMITATION. IN THE EVENT OF SLIGHT OR MINOR NEGLIGENCE, MIELE SHALL ONLY BE LIABLE WITHOUT LIMITATION FOR DAMAGES TO LIFE, HEALTH OR PERSONAL INJURY. IN ALL OTHER CASES OF SLIGHT OR MINOR NEGLIGENCE, MIELE SHALL BE LIABLE INSOFAR AS MIELE BREACHES OR VIOLATES AN OBLIGATION WHICH IS ESSENTIAL FOR THE PROPER IMPLEMENTATION OF THIS LICENSE AGREEMENT AND OF WHICH YOU RELY ON OR MAY REGULARLY RELY ON – IN SUCH EVENT, MIELE’S LIABILITY TO YOU SHALL BE LIMITED TO THE TYPICAL FORESEEABLE DAMAGE UNDER THIS LICENSE AGREEMENT. FURTHER CLAIMS FOR DAMAGES CAUSED BY SLIGHT OR MINOR NEGLIGENCE ARE EXCLUDED.
YOU ARE NOT ENTITLED TO CLAIM FOR DAMAGES CAUSED BY SOFTWARE DEFECTS, INSOFAR AS YOU FAIL TO APPLY ONLINE SOFTWARE UPDATES PROVIDED BY MIELE AND THE DAMAGE COULD HAVE BEEN AVOIDED IF THE UPDATE HAD BEEN APPLIED. THIS ALSO APPLIES TO SECURITY VULNERABILITIES, WHICH ARISE PROVIDED THAT THE SOFTWARE UPDATE WAS NOT INSTALLED BY YOU OR THE UPDATE WAS ABORTED DURING INSTALLATION.
YOU ARE AWARE THAT NO CLAIMS FOR DAMAGES CAN BE MADE AGAINST MIELE RESULTING FROM YOUR NEGLIGENT, UNAUTHORISED OR ILLEGAL SECURITY MECHANISMS, ESPECIALLY WITHIN YOUR LAN OR MOBILE DEVICE, OR AS A CONSEQUENCE OF YOU USING THE MIELE VOICE ASSISTANTS CONTRARY TO THE TERMS OF THIS LICENSE AGREEMENT. YOU MUST ALSO MAKE SURE THAT THE MIELE VOICE ASSISTANTS CANNOT BE MISUSED BY THIRD PARTIES AND MUST SECURE ACCESS TO THE MIELE VOICE ASSISTANTS ACCORDINGLY.
IF YOU LOSE YOUR DEVICE ON WHICH THE MIELE VOICE ASSISTANTS ARE ACCESSIBLE (E.G. THROUGH LOSS, THEFT, ETC.) THEN YOU ARE RESPONSIBLE FOR IMMEDIATELY REVOKING ANY ACCESS PERMISSIONS WITH APPROPRIATE MECHANISMS IN ORDER TO ENSURE THAT UNAUTHORISED ACCESS TO THE MIELE VOICE ASSISTANTS IS PREVENTED.
IF YOU KNOW OR HAVE REASON TO BELIEVE OF ANY POTENTIAL DAMAGE TO MIELE IN CONNECTIONS WITH YOUR USE OF THE MIELE VOICE ASSISTANTS, YOU ARE OBLIGATED TO INFORM MIELE OF ANY SUCH DAMAGE OR LOSS SCENARIOS.
For the avoidance of doubt it shall be clarified that any transmission of content over telecommunication networks (e.g. wireless, wired, etc.) lies exclusively within the competence and responsibility of the mobile operator used by you. Any charges for the use of necessary telecommunications services relating to this are your responsibility.
Both Miele and you may terminate this license agreement at any time. Notwithstanding the foregoing provision, Miele may only terminate this license agreement with a two (2) weeks’ notice.
The Parties statutory right to terminate this license agreement for a compelling reason without a notice period shall remain unaffected. In Particular, Miele is authorised to immediately terminate this license agreement without a notice period in the event of a material breach of this license agreement or any term set forth in this license agreement by you.
Termination of this license agreement shall lead to withdrawal of your authorisation to use the Miele Voice Assistants, and you must immediately stop such use.
This license agreement is subject to German law. This choice of law shall not have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of the country where you have your habitual residence.
You are not permitted to transfer or assign your rights and duties arising from this license agreement to a third party.
Any changes to this license agreement must be agreed between the parties. In case Miele wishes to make changes to this license agreement Miele shall notify you of the changes and you may object to the changes within a reasonable period of time as specified by Miele ("Objection Period") within the notification. If you do not object to the changes within the Objection Period it will be deemed that you accept the changes. In case you object to the changes Miele may terminate the license agreement with a two weeks' notice. Miele will also inform you about the Objection Period and the legal effect of objecting or non-objecting separately within the notification.
In the event of invalidity or ineffectiveness of individual terms, the effectiveness of the other license terms shall remain unaffected. Ineffective or invalid terms shall be replaced by effective terms that best approximate the economic purpose of the ineffective or invalid terms.