1. CONTRACT SUBJECT

1.1. dormakaba Schweiz AG ("dormakaba", "we" or "us") provides resivo, a cloud-based Software-as-a-Service solution (SaaS) that is updated, expanded, or re-released from time to time ("access solution"). The resivo Home App (including all related documentation, the "application") is a component of the access solution.

1.2. Any access to or use of the application by you is subject to this dormakaba End User License Agreement (EULA). "You" or "End User" means any natural person who has installed the application on a mobile device.

1.3. Country-specific provisions. In addition to, deviating from, or instead of the general terms and conditions set forth herein, country-specific provisions may apply to you. Such country-specific provisions, if available, are included in Section 18 - Country-specific Provisions or in a country-specific End User License Agreement (EULA) for the Home App.

2. YOUR CONSENT TO THIS END USER LICENSE AGREEMENT (EULA)

2.1. BY ACCEPTING THIS END USER LICENSE AGREEMENT (EULA), YOU AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THE EULA, YOU MAY NOT USE THE APPLICATION.

2.2. Age Restriction. By using the application, you confirm that you

(a) have reached the age of majority in the country where you reside or are otherwise legally capable of entering into this End User License Agreement (EULA); and

(b) if you have not reached the age of majority, you have obtained verifiable consent from a parent or legal guardian. If you do not know whether you are of legal age at your place of residence, or do not understand this section, do not use this application until you have sought assistance from your parents or legal guardians. If you are the parent or legal guardian of a minor, you and the minor accept this EULA and agree to be bound by it, and you are responsible for supervising the minor’s use of the application. Your access to and use of the application may be terminated without notice if, at our sole discretion, we believe you are not of legal age and have not obtained verifiable consent from a parent or legal guardian.

3. ACCESS TO THE APPLICATION; SYSTEM REQUIREMENTS

After downloading and installing the application on a compatible mobile device ("end device"), setting up an account within the application, and activating the invitation code you received from dormakaba following the registration of the person/company who designated you as a tenant (as defined below) within the access solution, the application allows you to interact with compatible systems, products, and services from dormakaba and/or third parties. Information on the compatibility of end devices and systems can be found at https://techdoc.dormakaba.com/cds/go/resivo-tenants-en.

4. DESCRIPTION OF THE APPLICATION; FUNCTIONALITY

4.1. Access Solution. The access solution is offered as a cloud-based Software-as-a-Service (SaaS) solution for the planning, management, maintenance, and monitoring of digital access systems for multi-family residential buildings, i.e., residential complexes with multiple apartments, users, and tenants. To implement the access solution for a specific multi-family residential building or property complex ("Property"), dormakaba or a dormakaba-affiliated company enters into an individual contract with a customer, typically a property management company ("Customer"). The Customer is responsible for managing the access solution for this Property. The contractual relationships between dormakaba and the Customer are governed by separate agreements and are not subject to this End User License Agreement (EULA).

4.2. resivo Home App. This application is intended for tenants of rental units within a property. "Tenant" means an owner, renter, or occupant of a rental unit within a property. "Rental unit" is a specific enclosed area that can be rented or owned as a unit (e.g., an apartment along with an assigned basement compartment). To use the application, you must be registered as a tenant in the access solution and have received and activated the corresponding activation code for the application.

4.3. Functionalities.

(a) Access and access management. Within the application, the tenant can use the mobile device as a key to open doors to which they have access. The tenant can also manage access for third parties ("access recipients") to the properties and their rental unit by adding or revoking dormakaba key media (RFID key cards and key fobs) or sending or revoking digital keys.

(b) Naming of Roommates. The customer can also use the application to update components of the rental property doors (for RFID key card or key fob).

(c) Update of components of rental property doors. Tenant may further use the Application to update components of the Rental Property doors (for RFID keycard or key fob).

(d) Further description. The functionalities mentioned above and others are described in more detail within the application itself or in the respective documentation.

5. LICENSING

5.1. License Grant. Subject to the terms of this End User License Agreement (EULA), dormakaba grants you a non-exclusive, non-sublicensable, non-assignable, and non-transferable right to install and use the application on a device that you own or otherwise control, (i) for your personal use in accordance with this EULA; (ii) solely for the purpose and to the extent for which the use of the application is intended; and (iii) solely for the purpose for which access is granted to you in your specific case.

5.2. Restrictions. Unless expressly regulated otherwise by this End User License Agreement (EULA), the license to download, install, and use the application is subject to the following terms and restrictions:

(a) You may use the application solely in accordance with this End User License Agreement (EULA). You must take appropriate measures to prevent unauthorized or illegal access to the application.

(b) You are prohibited and may not allow third parties to (i) copy, reproduce, modify, reverse engineer, decompile, decrypt, or otherwise attempt to ascertain the source code of application protocols in whole or in part, or (ii) access or use parts of the application to develop, offer, or use a similar or competing product or a similar or competing service; however, this only applies to the extent that such actions are not expressly permitted by applicable mandatory law.

(c) You are prohibited from and may not allow third parties to (i) circumvent or violate the security measures used by the application; (ii) access or use the application without using your own valid account registration data, PIN, or password; (iii) remove or alter documentation or copyright or ownership notices from the application or other materials provided by dormakaba; (iv) provide, transmit, or activate information within or through the application that is unlawful or contains harmful code such as viruses or other routines intended to damage, impair, or intercept systems, applications, or data; (v) use the application for fraudulent or illegal activities or in a manner that infringes the intellectual property or other rights of dormakaba or third parties.

(d) If you access, use, or allow a third party to access the application in connection with hazardous environments, systems or applications, safety response systems, other safety-critical applications, or in any other similar context, you are fully responsible for the use in such an environment and the access granted.

5.3. Fair Use Policy. You are not permitted, nor may you permit any third party, to (i) use the application for purposes for which it is not intended, that violate the principles of good faith, or to gain unauthorized access to data, systems, networks, or property of third parties, or to attempt to do so; (ii) engage in non-ordinary use, such as hacking or circumventing the application, dormakaba systems, or applicable pricing mechanisms; and/or (iii) cause significant network congestion or disruption, or otherwise adversely affect the application or the use of the application by another person.

6. RESERVED RIGHTS

You do not acquire any ownership rights to the application or other rights thereto, except the right to use the application in accordance with the granted usage rights and/or licenses and subject to all conditions. In the event that you provide dormakaba with feedback, suggestions, improvements, desired features, or proposals regarding the use, function, or operation of the application ("Feedback"), you hereby assign all rights to the Feedback to dormakaba and agree that dormakaba has the right to use the Feedback and related information in any manner deemed appropriate by dormakaba free of charge.

7. YOUT RESPONSIBILITIES

7.1. Access. You must have a compatible device and be connected to the internet to access the application via your compatible web browser and/or download and install the application. Not all devices support all functions of the application; therefore, you may need to check the availability of the application for your specific device. If your device is not connected to the internet or is in airplane mode, you may not be able to use the application. The application only works with a compatible system designed for use with this application.

7.2. Duty of care.

(a) You must take the necessary precautions to handle the application and your end device with appropriate care, considering that the application and your end device may be used for potentially critical functions such as granting and/or obtaining access to restricted areas and that unauthorized use of the application may have serious consequences. You must treat your end device and the registration data of your application account with the same level of security as you would treat your physical keys or your wallet.

(b) You must (i) provide accurate and correct information when registering for access or making changes to your application account; (ii) protect your device from unauthorized use or unauthorized access to the application by using a password, PIN, or a similar security measure and maintain the confidentiality of your password or PIN; (iii) ensure that all settings, required network connections, and changes necessary for the operation of the application on or from your device are current and correct; (iv) keep your device and the application up to date by downloading updates as soon as they become available; (v) promptly notify your employer, account holder, property manager, or the company or person who designated you as an end user if your device is lost or stolen and/or if you believe that your PIN or password has been compromised in any way.

(c) dormakaba accepts no liability for losses, damages, or other claims arising from your failure to exercise due diligence.

7.3. Management of access recipients.  If you (i) manage third-party access ("access recipients") to the properties and your leased premises by adding or revoking dormakaba key media (RFID key cards and key fobs) or issuing or revoking digital keys, or if you (ii) designate co-residents, you are responsible for the correct granting and withdrawal of such access rights and must comply with the obligations regarding confidentiality and the protection of personal data in this context.

7.4. Access log data for shared doors. The customer or their authorized users can see in the access solution which RFID medium, digital key, or physical key, including the name and/or mobile phone number of the respective key issuer and/or key holder, has accessed a shared door of the property and/or whether an RFID medium, digital key, or physical key was denied access by the lock of a specific shared door. They are responsible for informing all third-party access recipients to whom they grant access about this access log data.

7.5. Access log data for doors to rented rental properties. Neither you nor any of the co-residents (roommates) you have named in the application can see in the application when which key has opened the door to your rental property. Neither the customer nor the technical support staff or the developers of dormakaba see or have access to the access log data of the rental property doors, unless the tenant (or co-resident) actively provides this to technical support. You are responsible for informing all third-party access recipients about such access log data.

8. UPDATES

dormakaba reserves the right to develop and provide updates to the application from time to time at its sole discretion, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (together, including related documentation: "Updates"). Updates may also modify or completely remove certain features or functions. dormakaba is under no obligation to provide updates or to continue providing or enabling certain features or functions. Depending on your device settings, if your device is connected to the internet, either: (i) the application will automatically download and install all available updates; or (ii) you will receive a notification about available updates or be prompted to download and install them. You are obliged to download and install all updates promptly, and you acknowledge that the application or parts thereof may not function properly if you do not do so. All updates shall be considered part of the application and are subject to all provisions of this End User License Agreement (EULA).

9. THIRD-PARTY MATERIALS

The application may display, incorporate, or provide content from third parties (including data, information, applications, and other products, services, or materials) or provide links to third-party websites or services ("Third-Party Materials"). dormakaba is not responsible for such Third-Party Materials, even if they are connected to the application through a dormakaba interface (e.g., an application programming interface (API)).

10. TERM AND TERMINATION

The term of this End User License Agreement (EULA) begins when you download the application, install it on your end device, and register your application account. All licenses and rights granted to you under this EULA with respect to the application shall terminate immediately and automatically without notice (i) if a relevant individual agreement (between you and us, between you and the customer, or between us and the customer), under which you were named as an end user, ends; (ii) if the person or organization that named you as an end user revokes this designation and/or your access to the application; (iii) if you breach any provision of this EULA. Upon termination of such licenses, you must cease all use of the application. This EULA shall automatically terminate upon closure of your application account. Termination does not limit dormakaba’s rights in relation to this EULA.

11. NO WARRANTIES; NO GUARANTEE

11.1. Although we make economically reasonable efforts to ensure the continuous availability and functionality of the application, you accept that we cannot protect you and the application from the effects of misuse, hardware or software errors, or other unforeseen events. Even if we may engage third parties to provide services in accordance with these provisions, we cannot assume any warranty or guarantee for their products and services. Furthermore, access to and/or the functionality of the application may be interrupted or restricted, especially during maintenance or repair work conducted by us or third parties, or the introduction of new or extended functionalities. dormakaba may restrict or discontinue the operation of the application at any time. To the extent permitted by law, we exclude any warranty or guarantee as extensively set forth below.

11.2. The application and all services provided or made available by or in connection with the application and the access solution are provided without any warranty of defects and without any guarantee of any kind. To the extent that exclusions or limitations of warranties and guarantees are permissible under applicable law, dormakaba, on its own behalf and on behalf of its affiliated companies as well as its and their respective licensors and service providers, expressly disclaims all warranties and guarantees, whether express, implied, statutory, or otherwise, in relation to the application and the access solution, in particular but not limited to technical compatibility, satisfactory quality, or suitability for a particular purpose, ownership, and non-infringement of rights. In particular, dormakaba does not warrant or guarantee that the application, the access solution, and/or the dormakaba materials will function without errors or interruptions, or that the application meets your requirements, performance, or reliability standards, or that defects in the application or the access solution will be corrected. No oral or written information provided by dormakaba, its affiliated companies, or their respective authorized representatives creates a warranty or guarantee.

11.3. Under certain applicable laws, the exclusion or limitation of implied warranties or the applicable statutory rights of consumers is not permitted, so some or all of the above exclusions and limitations may not apply to you.

12. LIMITATIONS OF LIABILITY

12.1. To the extent permitted by applicable law and subject to the following clause, neither dormakaba nor its affiliated companies shall be liable for any claims or damages of any kind arising from or related to access, use, or the inability to use the application, including but not limited to liability for indirect or consequential damages or losses. The above limitation of liability does not apply to damages caused by intent, gross negligence, or fraud by dormakaba. This limitation of liability also applies to representatives and vicarious agents of dormakaba.

12.2. Under certain applicable laws, specific disclaimers or limitations of liability are not permitted, so some or all of the above limitations may not apply to you.

13. EXEMPTION

13.1. You are liable and hold dormakaba harmless against any losses and damages arising from or in connection with unauthorized use or misuse of the application, or a breach of this End User License Agreement (EULA), in particular but not limited to the content you provide through this application.

13.2. Under certain applicable laws, specific liability for damages is not permitted for you as a consumer, so some or all of the above obligations may not apply to you.

14. PRIVACY

When you register in the application, download, install, or use it, we may receive or collect information about you and your use of the application. Furthermore, personal data of other persons (e.g., personal data of a third-party access recipient) is processed when you enter their data (e.g., name, contact details) into the application. Regarding your access and use of the application, information about our processing of personal data can be found in the privacy policy of resivo, which you can access at https://resivo.dormakaba.com/ch-en/content/datenschutz-resivo. If you have any questions, please contact: data.protection@dormakaba.com. If you provide us with personal data of third parties, we ask you to inform those third parties about the resivo privacy policy.

15. Other

15.1. Export Regulations. The application and the associated technology may be subject to the export or import control restrictions of Switzerland and other countries. You must not export, re-export, or release the application, either directly or indirectly, to any country, nor make the application accessible from any country, where export, re-export, or release is prohibited by laws, rules, or regulations. You are required to comply with all applicable local laws, rules, and regulations and fulfill all necessary obligations (e.g., obtaining a required export license) before exporting, re-exporting, releasing, or otherwise making the application available outside Switzerland or the country in which you are located. The use of the application in the following countries or regions is strictly prohibited: Islamic Republic of Iran, Democratic People’s Republic of Korea, Republic of Cuba, Syrian Arab Republic, Republic of Sudan; Ukrainian oblasts Luhansk, Donetsk, Crimea.

15.2. Severability Clause; Waiver. Should any provision of this End User License Agreement (EULA) be unenforceable or invalid under applicable law, the remaining provisions shall remain unaffected, and the respective provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the parties. The same applies to any omissions. A waiver by a party of any provision of this agreement shall only be effective if made in writing. The failure to exercise rights or claims arising from this agreement shall not be deemed a waiver of such rights or claims.

15.3. Assignment. You may not assign any of your rights or delegate your obligations under this End User License Agreement (EULA) without our prior written consent. Any purported assignment or delegation without such consent is void. We may assign all or part of the rights and obligations under this EULA to a third party of our choice.

15.4. Governing Law and Jurisdiction. The provisions of this End User License Agreement (EULA) and any access to or use of the application are subject to the substantive law of Switzerland, excluding the provisions of conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The United Nations Convention on Contracts for the International Sale of Goods is excluded from application. For all disputes arising from or in connection with the provisions of this EULA, the courts of the Canton of Zurich, Switzerland, shall have exclusive jurisdiction. This provision on applicable law and jurisdiction does not deprive you of mandatory consumer protection rights under the law of the country in which we offer the access solution, under which you have been designated as the tenant.

15.5. Changes to this End User License Agreement (EULA). We may amend the provisions of this EULA at any time. These changes may be made at any time. We will inform you of any changes by publishing the new EULA in the application and updating the "Effective Date." You should review this EULA regularly for changes. In the case of material changes, we may also notify you by email or by other appropriate means. If you continue to use the application after the updated EULA or notification of changes has been published, you agree to the updated EULA or changes. If you do not agree with the changes or the updated EULA, you should discontinue using the application.

16. CONTACT INFORMATION FOR CUSTOMER SUPPORT.

In connection with a specific property, the main contact person for customer support is the customer for that property; within the application, the "Help" button provides a link to the self-help center.

17. CONTRACTING PARTY FOR THIS EULA. NOTICES.

For general inquiries, questions, or issues regarding this EULA, please contact or send all notices to dormakaba Schweiz AG, company registration number: CHE-105.972.106, Mühlebühlstrasse 23, CH - 8620 Wetzikon, Switzerland, Email: resivo@dormakaba.com.

18. COUNTRY-SPECIFIC REGULATIONS.

18.1. Country-specific provisions for Germany. To the extent that German law applies to this End User License Agreement (EULA), sections 11 – No Warranty; No Guarantee and 12 – Limitation of Liability shall be replaced by the following:

18.1.1 Availability.

(a) The application is provided in the condition and with the functions as implemented at the time of publishing the application in the respective stores.

(b) dormakaba makes no promises or assurances regarding the application or specific functionalities. dormakaba may restrict or discontinue the operation of the application at any time. The end user has no entitlement to extended availability of the application.

(c) Furthermore, the application may be temporarily unavailable due to maintenance work or disruptions, possibly also for extended periods. In such cases, the functionality of the application is wholly or partially restricted.

18.1.2 No warranty. dormakaba provides no warranty. Information about the nature of the application, in particular but not limited to technical compatibility, quality, or suitability for a specific purpose, is not to be understood as a warranty.

18.1.3 Limitation of Liability.

(a) Unless otherwise stipulated in this End User License Agreement (EULA) (including this clause 18.1.3 – Limitation of Liability), dormakaba shall be liable for a breach of contractual and non-contractual obligations in accordance with the statutory provisions.

(b) dormakaba is liable – on whatever legal grounds – without limitation for damages resulting from intentional or grossly negligent breach of duty or caused by a legal representative or vicarious agent of dormakaba.

(c) In the case of a merely simple or slight negligent breach of duty by dormakaba or a legal representative or vicarious agent of dormakaba, dormakaba shall be liable (subject to a milder liability standard in accordance with statutory provisions, e.g., for care in its own affairs or for insignificant breaches of duty) only (i) without limitation for damages arising from injury to life, body, or health; (ii) for damages resulting from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies and may rely. In these cases, dormakaba’s liability is, however, limited in amount to the typical damage foreseeable at the time of contract conclusion.

(d) The liability limitations in clause 18.1.3 - Limitation of Liability, lit. (c) do not apply insofar as dormakaba fraudulently concealed a defect, has assumed a warranty of quality subject to damages, or has assumed a procurement risk. Moreover, any mandatory statutory liability, in particular under the German Product Liability Act (ProdHaftG), remains unaffected.

(e) To the extent that the liability of dormakaba is excluded or limited, this also applies to the possible personal liability of the organs, legal representatives, employees, staff, and vicarious agents of dormakaba.

(f) The statutory burden of proof remains unaffected by the above provisions. The objection of contributory negligence (Section 254 of the German Civil Code) is likewise reserved.

(g) The terms "damages" and "claims for damages" in this End User License Agreement (EULA) also include claims for reimbursement of wasted expenses.

18.2. Country-specific provisions for Austria. To the extent Austrian law applies to this End User License Agreement (EULA), Sections 11 – No Warranty; No Guarantee and 12 – Limitation of Liability are replaced by the following:

18.2.1 Availability.

(a) The application is provided in the condition and with the features as implemented when the application was published in the respective stores.

(b) dormakaba makes no promises or warranties regarding the application or specific functionalities. dormakaba may restrict or discontinue the operation of the application at any time. The end user has no entitlement to extended availability of the application.

(c) In addition, the application may be temporarily unavailable due to maintenance work or disruptions, possibly also for extended periods. In such cases, the functionality of the application is wholly or partially limited.

18.2.2 No warranty. dormakaba provides no warranty. Information regarding the nature of the application, in particular but not limited to technical compatibility, quality, or suitability for a particular purpose, is not to be understood as a warranty.

18.2.3 Limitation of Liability.

(a) Unless otherwise specified in this End User License Agreement (EULA) (including this clause 18.2.3 – Limitation of Liability), dormakaba shall be liable for a breach of contractual and non-contractual obligations in accordance with legal provisions.

(b) dormakaba is liable – on whatever legal grounds – without limitation for damages caused by intentional or grossly negligent breaches of duty or by a legal representative or vicarious agent of dormakaba.

(c) In the case of a merely simple or slight negligent breach of duty by dormakaba or a legal representative or vicarious agent of dormakaba, dormakaba shall be liable (subject to a milder standard of liability according to legal provisions, e.g., for care in its own affairs or for insignificant breaches of duty) only (i) without limitation for damages resulting from injury to life, body, or health; (ii) for damages resulting from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies and is entitled to rely. In these cases, however, dormakaba's liability is limited in amount to the typical contractual damage foreseeable at the time of contract conclusion.

(d) The limitations of liability in clause 18.2.3 - Limitation of Liability, lit. (c) do not apply insofar as dormakaba has fraudulently concealed a defect, has assumed a warranty of quality subject to damages, or a procurement risk. Furthermore, any mandatory statutory liability, in particular under the Austrian Product Liability Act (PHG), remains unaffected.

(e) To the extent that dormakaba's liability is excluded or limited, this shall also apply to the possible personal liability of dormakaba's bodies, legal representatives, employees, staff, and agents.

(f) The statutory burden of proof remains unaffected by the above regulations. Likewise, the objection of contributory negligence (within the meaning of Section 1304 of the Austrian General Civil Code) is reserved.

(g) The terms "compensation for damages" and "claims for compensation for damages" in this End User License Agreement (EULA) also include claims for reimbursement of futile expenses.

18.3. Country-specific provisions for Australia. To the extent that (a) the law of a state of Australia applies to this End User License Agreement (EULA) for the Home App, or (b) you are resident in Australia, Clauses 11 – No Warranty, No Guarantee, 12 – Limitation of Liability, and 13 – Indemnification shall be replaced by the following:

(a) Except for the provisions expressly set forth in this End User License Agreement (EULA) for Home App, this EULA for Home App does not imply any other provision, condition, or warranty regarding the quality, merchantability, acceptability, suitability for a particular purpose, condition, description, design, or performance of the resivo access solution or contractual remedies for its malfunction.

(b) You acknowledge that you (i) have not relied on a service requiring expertise or an assessment, or on advice, recommendation, information, or support provided by dormakaba regarding the resivo access solution or its use or application; or (ii) have not expressly or implicitly communicated to dormakaba any purpose for which you require the resivo access solution, and that you are responsible for ensuring that the resivo access solution is suitable for your use.

(c) No provision of this End User License Agreement (EULA) for Home App shall be construed as excluding, restricting, or modifying the application of state or federal statutory laws that apply to the supply of goods or services and cannot be excluded, restricted, or modified, or that causes such exclusion, restriction, or modification. This applies in particular, but not exclusively, to the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) (ACL).

(d) To the greatest extent permitted by applicable law or otherwise subject to the limitations of the rights and remedies provided by the Australian Consumer Law (ACL): (i) dormakaba shall not be liable to you in any way arising out of or in connection with the provision, use, or further implementation of the resivo access solution; and (ii) dormakaba shall not be liable for indirect or consequential costs or losses incurred by you or third parties, however caused, including but not limited to business or goodwill losses, loss of profit, loss of revenue, or any liability towards third parties, except to the extent that the ACL mandates such liability.

(e) To the maximum extent permitted by applicable law, you shall be liable to dormakaba and shall indemnify dormakaba (and its affiliated companies, representatives, assignees, employees, directors, senior officers, and legal successors) against all claims, compensation amounts, demands, costs (including attorney and litigation fees), damages, expenses, fees, interest, liabilities, penalties, and settlements arising from or related to your use or misuse of the resivo access solution or any breach of this End User License Agreement (EULA) for Home App by you, including but not limited to the content you provide through the resivo access solution.

18.4. Country-specific regulations for Poland

18.4.1 To the extent that Polish law applies to this End User License Agreement (EULA), and the end user is a consumer or a person protected as a consumer under Polish law, Clauses 11 – No Warranty, No Guarantee, 12 – Limitation of Liability, and 13 – Indemnification shall be replaced by the following:

(a) As a free service, the application is provided to the end user "as is" and "as available." It is considered delivered once you or your device obtain access to the application.

(b) You must immediately inform dormakaba of any discrepancies in the application with the End User License Agreement (EULA) and/or warranties from dormakaba, if applicable.

(c) We are liable (i) for intent and gross negligence, (ii) if we fraudulently conceal a deviation from the application of the End User License Agreement (EULA), (iii) under the Product Liability Act, and (iv) for damages resulting from injury to life, body, or health of persons. All other claims for damages by the end user are excluded.

(d) This limitation of liability also applies to the representatives of dormakaba.

(e) dormakaba is not liable for deviations in the use of the End User License Agreement (EULA) if the end user does not install the updates delivered or provided by dormakaba in accordance with Clause 8 – Updates of the EULA and/or if the digital environment of the end user is not compatible with the technical requirements listed in the EULA and/or in the document referenced in Clause 3 – Access to the Application; System Requirements of the EULA.

18.4.2 To the extent that Polish law is applicable to this End User License Agreement (EULA), and the end customer is a consumer or a person protected as a consumer under Polish law, clause 15.5 – Changes to this EULA shall be replaced by the following:

(a) We may change the terms of this End User License Agreement (EULA) by adding or deleting content or by modifying existing content, subject to the condition set forth in paragraph (b) below. These changes may be made at any time. We will inform you of any changes by publishing the new EULA in the application and updating the version date. You should review this EULA regularly for any changes. In the event of material changes, we may also notify you by email or by other appropriate means. Your continued use of the application after the publication of the updated EULA or after notification of the changes will be deemed your acceptance of the updated EULA or those changes. If you do not agree with the changes or the updated EULA, you should discontinue use of the application.

(b) If the end user is considered a consumer or is protected as a consumer under Polish law, the changes to the End User License Agreement (EULA) are only binding on the end user if they are attributable to (i) changes in mandatory law, case law, or the practice of the consumer protection authority directly related to the content of the EULA, (ii) relevant technological developments, (iii) updates to the application or the access solution, and/or (iv) improvements and standardization of the language of the EULA. You will be notified of any changes to the EULA by email. If you do not agree with the changes, you have the right to withdraw from the EULA by sending a statement to dormakaba and/or discontinuing the use of the application.