General Terms & Conditions for Leica Geosystems Trusted Services

Paragraph 1 General Subject Matter of the Terms & Conditions

The following agreements regulate the supply of Leica Geosystems Trusted Services. With Leica Geosystems Trusted Services, the Customer is provided with the technical ability and authorisation to access a software application hosted on a Leica Geosystems server via the internet and to use the functions offered by Leica Geosystems Trusted Services within the framework of these Terms & Conditions. For this purpose, Leica Geosystems shall make the software application available for the Customer and his authorised users to use.

Paragraph 2 Services, Prices

2.1 The type and scope of the contractual services are taken from the Subscription Form for the individual service. The corresponding prices and payment conditions are described in the Subscription Form. The Subscription Form is an integral part of these Terms & Conditions.

2.2 Leica Geosystems is entitled to appropriately increase the usual or listed prices for the contractual services to compensate increases in personnel and other expenses. Leica Geosystems shall inform the Customer of these price increases in writing or by e-mail; the price increases shall not apply for periods where the customer has already made payments. If the price increase exceeds 25% of the price thus far, the customer is entitled to cancel the entire contract while taking into account the contractual period of notice; if the Customer utilises his right to cancel, the prices valid prior to the increase shall be charged until the date when the cancellation comes into effect.

2.3 Leica Geosystems reserves the right to change the offered service or, in general, to no longer continue with it. Neither the Customer nor a third party can hold Leica Geosystems responsible for changing or terminating the service.

Paragraph 3 Right of Use

3.1 The Customer and any person entitled to use the service, as indicated in paragraph 1, shall be awarded the non-exclusive, non-transferable, non-assignable right, which is limited to the term of this contract, to have access to Leica Geosystems Trusted Services via the internet and Leica Geosystems software applications to make use of the functions connected to Leica Geosystems Trusted Services in accordance with these Terms & Conditions for internal business purposes only. The Customer may not provide the Service or the content of Leica Geosystems Trusted Services to any third party or otherwise make use of Leica Geosystems Trusted Services outside the limited scope of this license given by these Terms & Conditions. The Customer shall not receive any additional rights, in particular to Leica Geosystems Trusted Services, the software related to it or the operating application.

3.2 The Customer shall not be entitled to use Leica Geosystems Trusted Services in any way other than that which complies with these Terms & Conditions, shall not be permitted to allow third persons to use it, nor make it accessible to third persons. In particular, the Customer shall not be permitted to duplicate, sell or transfer Leica Geosystems Trusted Services, or parts thereof, for a limited period, which primarily means he may not lend nor rent it.

3.3 If the conventionary use of Leica Geosystems Trusted Services is affected due to patents and other IP rights (including but not limited to copyrights) of third parties for reasons which are not the fault of Leica Geosystems, then Leica Geosystems shall be entitled to refuse the services concerned. Leica Geosystems shall inform the Customer about this immediately and shall take suitable measures to allow him to access his data. Other Customer claims or rights shall remain unaffected.

3.4 Leica Geosystems reserves the right to change its terms of use without giving notification. The Customer shall agree to the future form of the terms of use and shall accept an obligation to observe these said terms.

3.5 Leica Geosystems also reserves the right to revoke the terms of use at any time without giving reasons for doing so.

Paragraph 4 Registration

4.1 myWorld @ Leica Geosystems registration

Access to Leica Geosystems Trusted Services administration requires a myWorld @ Leica Geosystems registration with current, complete and accurate information as prompted by the applicable registration. Successful registration is dependent on Customers' acceptance of these Terms and Conditions. myWorld registration requires entry of the following information:

First Name
Last Name
Telephone number
E-Mail address
Preferred  Language
Company Name
Company Telephone number  
Company Address  

After successful registration, the Customer will receive a confirmation of user identification and password by Email.

4.2 Leica Geosystems Trusted Service registration

After completing the myWorld registration process the Subscription ID taken from the Subscription Form is required to register the purchased Service. Once the Service is registered in myWorld, users of the Service are defined by entry of the following information:

User Name
Password
First Name
Last Name
E-Mail address  
Telephone number
Preferred Language

The Customer is solely responsible to maintain an appropriate email account and to promptly update all information and changes in myWorld @ Leica Geosystems for themselves and all authorized Service users.

The Customer is solely responsible for any and all activities that occur under Customer´s account and for ensuring that the Customer exit or log-off from Customer´s account at the end of each session of use. If the Customer is conducting this session on a public computer/device or is otherwise using a computer/device to which multiple people have potential access, the Customer has to be sure to follow all relevant instructions and to ensure to be sufficiently / completely disconnected and logged off Leica Geosystems Trusted Services and the computer system/device to prevent unauthorized access to customer´s account with Leica Geosystems. The Customer agrees to notify Leica Geosystems immediately of any unauthorized use of Customer´s password or account or any other breach of security that is known or suspected by the Customer under  https://myworld.leica-geosystems.com/

4.3 Forgotten password

In case a User has forgotten his or her password, a re-set can be performed in myWorld @ Leica Geosystems with a new password being delivered by Email.

4.4 Access to the Services after registration

Any access to the Services after successful registration and configuration requires the specification of the user identification and the password.

Paragraph 5 Data Protection of personal data

5.1 Both parties shall observe the applicable data protection regulations for personal data, in particular those valid in Switzerland, and shall commit their staff employed in connection with these Terms & Conditions to maintaining data secrecy in such case that the said staff does not already have a general obligation to do so.

5.2 Should the Customer collect, process or use personal data, either himself or through Leica Geosystems, he shall vouch that he is entitled to do so in accordance with the applicable regulations, in particular the data protection regulations, and shall release Leica Geosystems from any claims made by third persons.

5.3  Leica Geosystems clarify that the Customer shall be entirely responsible for the data, in the framework of both these contractual relations and in the data protection regulations. With regard to the power of disposal and ownership, the Customer has the sole entitlement to all of the customer-related data (transferred, entered, processed, saved and output data). Leica Geosystems shall not, in any way, monitor the data saved for the Customer and the content relating to the legal legitimacy of its collection, processing and use; solely the Customer shall be responsible for this. Leica Geosystems is only entitled to process and/or use the customer-specific data once instructed to do so by the Customer (e.g., as regards the observance of the deletion and blocking obligations) and may only process and/or use this data within the framework of this contract; in particular, Leica Geosystems is prohibited from making the customer-specific data available to any third persons without the Customer's prior written authorisation. This also applies if the customer-specific data has been changed or expanded. Leica Geosystems, on the other hand, shall be entitled to process and use the Customer's data (e.g., account data covering the billing of services to the Customer) within the framework of matters which are permissible from a data-protection viewpoint, and this for the period during which this contract is valid.

5.4 The software application, server und operating-application software from Leica Geosystems Trusted Services shall be operated in a data centre belonging to either Leica Geosystems or a trusted third party hoster.

5.5 Leica Geosystems shall take the technical and organisational safety precautions and measures. Generally speaking, the Customer is not entitled to demand access to the rooms housing the software-application, server and operating-application software, and other Leica Geosystems Trusted Services system components. Access rights shall be granted to the Customer's data protection commissioner, following a written application, to check that the Leica Geosystems is handling the personal data used in relation with the operation of Leica Geosystems Trusted Services and in accordance with the law and these Terms & Conditions.

5.6. The processing and use of the User's personal data collected in accordance with this Agreement as well as all Registration data and certain other information about Customer is subject to the Leica Geosystems Privacy Policy. For more information, please refer to the full Leica Geosystems Privacy Policy in Appendix B hereinafter.

5.7. To the extent permitted by law all customer data (including all personal data) will be automatically deleted after 90 days once the relevant Subscription has expired. 

Paragraph 6 Customer Duties and Obligations

The Customer shall fulfil those duties which apply to the provision and processing of the service indicated in this contract. He shall, in particular,

6.1 protect the use and access authorisations, identification and authentification safeguards assigned to him against being accessed by third persons and being passed on to unauthorised users;

6.2 ensure that (e.g., when transferring texts and data from third persons onto the Leica Geosystems servers) that all commercial property and copyright laws are observed;

6.3 refrain from misusing Leica Geosystems Trusted Services, and allowing others to misuse it for illegal purposes or conduct. In particular, he shall not transfer any information with illegal or immoral content nor allude to any information which could be used to incite people, induce someone to perform a crime or glorify or trivialize violence, information which is sexually objectionable or pornographic or which could morally endanger or affect the well-being of children or youths, or which could damage the reputation of the Leica Geosystems;

6.4 refrain from trying to call up information or data either himself or with the aid of non-authorised third persons or gaining access, or contracting others to gain access, to programmes which are operated by Leica Geosystems or gain access to Leica Geosystems data networks;

6.5 not to misuse any possible exchange of electronic messages for the unrequested dispatch of messages or information to third persons for advertising purposes (spamming);

6.6 release Leica Geosystems from all claims made by third parties which pertain to an illegal use of Leica Geosystems Trusted Services by him or which are made with his approval or which are connected to the use of Leica Geosystems Trusted Services as regards, in particular, data-protection, copyright-protection or other legal disputes. If the Customer realises, or if he cannot fail to realise that there is a threat of such a breach occuring, he has an obligation to inform Leica Geosystems of this immediately;

6.7 use the most technically up-to-date anti-virus programmes (Spyware/Malware); 

6.8 following the presentation of a fault report (cf. service description) to Leica Geosystems, reimburse the expenses incurred during the examination if, following the test, it emerges that the technical equipment provided by Leica Geosystems did not display any faults and the Customer should have discovered this fact during reasonable trouble-shooting;

6.9 the users who are entitled to use the system, as stated in paragraph 1, shall have an obligation to observe the terms which apply for the use of Leica Geosystems Trusted Services as stated in paragraphs 6.1 to 6.6, 6.7 and 6.8;

6.10. at its sole expense, be responsible for providing, operating and maintaining the equipment, facilities, software, services and testing required to use the Services and access the Internet to communicate with Leica Geosystems Trusted Services.

6.11. be prohibited from violating or attempting to violate the security of Leica Geosystems Trusted Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing," (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Leica Geosystems will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Paragraph 7 Use of Leica Geosystems Trusted Services which is in Breach of Contract

7.1 Leica Geosystems is entitled to block any access to Leica Geosystems Trusted Services and its data in case of an illegal breach of any of the fundamental obligations set down in these Terms & Conditions, in particular, in case the obligations listed in paragraphs 6.3. – 6.5 and 6.11. Access shall not be restored until the breach against the fundamental obligation in question has been permanently eliminated or there is no risk of the breach being repeated following the presentation of a reasonable declaration of discontinuance to Leica Geosystems. In such a case, the Customer shall still have an obligation to pay the Subscription.

7.2 Leica Geosystems is entitled to delete the affected data should paragraphs 6.3 – 6.5 and 6.11 be breached.

7.3 If the Customer is liable for the breach indicated in paragraphs 7.1 and 7.2, the Customer shall have an obligation to pay damages. The level of damages can be set higher or lower if there is proof that Leica Geosystems caused more of the damage or the Customer less: the Customer may also prove, that there is in fact no damage.

7.4 If the user illegally breaches the obligations given in paragraphs 6.3 – 6.5 and 6.11, Leica Geosystems must provide all of the information to validate the claims against the user, if requested to do so. In particular, it must provide information on his name and address.

Paragraph 8 Intellectual Property Rights

8.1.Customer should assume that everything Customer sees, reads, downloads, purchases etc. on/from the Website while using the Services is copyright protected unless otherwise noted, and may not be used except as provided in these Terms and Conditions, without the written permission of Leica Geosystems. Leica Geosystems neither warrants nor represents that any use of materials and information displayed on the Site will not infringe rights of third parties not owned by or affiliated with Leica Geosystems.

8.2.The trademarks, logos, and service marks displayed by this Service are registered, unregistered and/or common law trademarks of Leica Geosystems and others (collectively the "Trademarks"). Nothing contained on the Website while using the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the written permission of Leica Geosystems or such third party that may own the Trademarks. Unauthorized use of the Trademarks, or any other content on the Site, unless explicitly permitted as provided in these Terms and Conditions, is strictly prohibited. Leica Geosystems will aggressively enforce its intellectual property rights to the fullest extent of the law.

8.3. Leica Geosystems Trusted Services is proprietary and is protected via various domestic and international laws and International Treaty provisions.

All material on the Leica Geosystems Trusted Services, including, without limitation, all informational text, design and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Leica Geosystems or other parties that have licensed their material to Leica Geosystems, and are protected by copyright, trademark, trade dress and other foreign and domestic intellectual property laws. 

Leica Geosystems disclaims any proprietary interest in copyrights, trademarks, trade dress, service marks, logos, slogans, domain names and trade names other than its own.  Trademarks, logos, images graphics, audio, and service marks displayed on Leica Geosystems Trusted Services are the property of either Leica Geosystems or other third parties; Customer agrees not to display or use such property without Leica Geosystems's prior written permission.

To avoid any misunderstanding it is understood that Customer owns its data (including any proprietary interest in copyrights, trademarks, trade dress, service marks, logos, slogans, domain names and trade names) stored on the server and is therefore ultimately responsible for it. Leica Geosystems does not assume any liability whatsoever with respect to such data and disclaims any liability for it, including but not limited to any Third Party claims.

8.4. The Materials on Leica Geosystems Trusted Services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior written consent of Leica Geosystems. Any modification of the Materials, use of the Materials on any networked computer environment, or use of the Materials for any purpose other than non-commercial use for the Customer´s internal business purposes, without the prior consent of Leica Geosystems, may be a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.

8.5. All rights not expressly granted herein by Leica Geosystems to the Customer are reserved by Leica Geosystems or its licensors.

Paragraph 9 Warranty and Liability                   

9.1. Leica Geosystems makes no warranties or representations as to the Service or its accuracy other than explicitly provided for in this paragraph. Leica Geosystems assumes no liability or responsibility for any errors or omissions in the content or operation of the Service.  In the event a Leica Geosystems product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Leica Geosystems shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Leica Geosystems shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.

9.2. Leica Geosystems provides the Services according to Leica Geosystems´s performance obligations as outlined in Appendix A. Leica Geosystems makes no further warranty with respect thereto. Leica Geosystems does not warrant the availability, accuracy, integration, reliability, or completeness of Leica Geosystems Trusted Services other than outlined in Appendix A. Leica Geosystems shall not be responsible for problems caused by data transmission, computer hardware, computer operating systems or the use of the Products in conjunction with other applications and/or services not made available by Leica Geosystems nor for typographical or other errors or omissions on the Service.

9.3. Leica Geosystems also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect,  Customer´s computer equipment or other property on account of Customer´s r access to, use of, or browsing in the Website while using the Services or Customer´s downloading of any materials, data, text, images, video, or audio from the Website while using the Services.  

9.4. For the avoidance of doubt, Customer acknowledges and agrees that he should not rely on the Site, Content, Files and Services for any reason. Customer further acknowledges and agrees that Customer  is solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, Content, Files or Services. Leica Geosystems does not assume any liability whatsoever for any loss of data due to Customer´s failure to provide for appropriate backups.

9.5. Notwithstanding the foregoing Leica Geosystems shall only be liable if it has violated a fundamental contractual obligation (cardinal obligation). In such cases, the liability shall be limited to the replacement of foreseeable, typical damage. For a single claim, the liability shall be limited to the contract value, in case of continuous reimbursement, the value of the reimbursement per contract year.

9.6. To the extent permitted by law, IN NO EVENT SHALL LEICA GEOSYTEMS BE LIABLE FOR LOST PROFITS OR REVENUE, INCIDENTAL, INDIRECT, OR SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT LEICA GEOSYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM, RELATED OR PERTAINING IN ANY WAY TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE SERVICE PROVIDED UNDER THIS AGREEMENT.

9. 7. Limitation of liability as described in this Section shall not apply if damage or loss is caused by Leica Geosystem´s intent, wilful misconduct (including fraud) or gross negligence. Similarly, the limitation of liability provided for in this Section shall also not apply to damages caused by personal injury or otherwise prohibited by indispensible, mandatory law.

9.8. Customer hereby acknowledges and agrees to indemnify and hold harmless Leica Geosystems, its licensors, and their respective affiliates, subsidiaries, assigns, officers, directors and employees from all costs and expenses (including reasonable attorneys' fees) in the event of any third-party claim relating to Customer´s: (a) breach of any term or condition of this Agreement; or (b) use or misuse of Leica Geosystems Trusted Services.

Paragraph 10 Force Majeure

10.1 Leica Geosystems shall be released from its obligation to perform a service from this contract if the non-fulfillment of services is the result of circumstances created by an "Act of God".

10.2 An "Act of God" is, for example, war, strikes, unrest, dispossession, cardinal changes to law, storms, flooding and other natural disasters as well as other circumstances for which Leica Geosystems is not responsible. [In particular water penetration, power failures and interruptions or destruction of cables which transfer data.]

10.3 Each contractual party must inform the other contractual party about the occurrence of an Act of God immediately and in written form.

Paragraph 11 General

11.1 Severability

Should provisions of these Terms & Conditions be entirely or partially invalid or unenforceable, or become so at a later date, the validity and enforceability of the remaining provisions of these Terms & Conditions shall not be effected thereby. The ineffective or unenforceable provision shall be replaced with an appropriate provision, which comes closest to the object of these Terms & Conditions, or to the intention of the Parties had they included the matter in these Terms & Conditions of Use. The same shall apply to gaps.

11.2 Headings

Headings are included solely for convenience and are not intended to be full and accurate descriptions of the content of the respective provision.  

11.3 Survival. All provisions of these Terms & Conditions which by their nature survive the expiration or cancellation of the Terms & Conditions or the unsubscription of the Services, including, without limitation to, those relating to intellectual property rights, disclaimers and limitations of liability shall survive the expiration or cancellation of the Terms & Conditions or the unsubscription from the Services.

11.4 Representations. Customer represents that:

(i) Customer is relying on no representation of Leica Geosystems except as expressly specified herein;

(ii) Customer's use of the Services shall be solely for the conduct of its own business processes;

(iii) Customer shall not disclose any information contained in the Services to any third party;

(iv) Customer shall not "data mine" or otherwise compile data from the Services except to the limited extent expressly permitted hereunder and

(v) Customer's use of the Services shall be solely for lawful purposes and in compliance with applicable laws.

11.5 Governing Law and place of Jurisdiction

This Contract shall be governed by Swiss law.  For disputes arising out of or in connection with this Service, which cannot be settled amicably, the exclusive venue shall be the location where Leica Geosystems has its headquarters are responsible. The United Nations Convention for the international sale of goods shall not apply.

11.6 Successors and Assigns. The provisions herein shall be binding on the Parties and their respective successors and assigns.

The Customer can transfer the rights and obligations from this contract to third persons only if Leica Geosystems has agreed to this beforehand in writing. On the other hand, Leica Geosystems is entitled to transfer the rights and obligation from this contract to another company in its corporate group. Leica Geosystems shall inform the Customer of this in writing and the Customer is entitled in this case to terminate the contract. 

11.7 Termination

The Subscription shall commence as of the date of the Subscription Form and shall be valid thereafter for an initial period as indicated on the Subscription Form Unless otherwise agreed,it shall continue thereafter automatically for periods as indicated on the Subscription Form. Either Party may terminate the Subscription by written notice to the other Party  of at least three (3) months prior to the end of the initial period or three (3) months prior to the end of any renewal period thereafter.

Immediate termination of this Agreement shall result if:

(a) either party is judged bankrupt or has a receiver appointed or files a petition in bankruptcy;

(b) Customer fails to perform or observe any of the obligations imposed on it and does not remedy such failure within 30 days after receipt of the written notice to remedy the same, and Leica Geosystems by further written notice terminates this Agreement, being understood that such termination is without prejudice to Leica Geosystem's right to damages arising out of said failure.

Leica Geosystems reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Service (or any part thereof) for any reason or no reason whatsoever. Customer agrees that Leica Geosystems shall not be liable to Customer or any third party for any modification, suspension or discontinuance of the Service, unless provided otherwise herein.

In case of discontinuance Leica Geosystems shall inform Customer in writing at least 12 months in advance.

11. 8. International Use

Software and other materials from Leica Geosystems Trusted Services may also be subject to export controls of Switzerland, the United States and/or such other country whose export restriction may apply. Export Control laws prohibit the export of certain technical data and software to certain territories. No software from Leica Geosystems Trusted Services may be downloaded or exported to any such countries, companies and/or individuals that may be subject to such export restrictions. Leica Geosystems does not authorize the downloading or exportation of any software or technical data or Service from Leica Geosystems Trusted Services to any such countries, companies and/or individuals prohibited by the Export Laws.

Paragraph 12 Other Integral Parts of the Contract

The following appendices, which must be regarded as being supplementary to the contract, are essential parts of this contract.

Appendix A: Leica Geosystems's Performance Obligations (description of the standard services)

Appendix B: Privacy Policy

Appendix A
Leica Geosystems's Performance Obligations
(Service Level Agreement, SLA)

1. Provision of Standard Services

With Leica Geosystems Trusted Services, Leica Geosystems shall provide standard Services within the framework of its existing technical and operational abilities. The content and scope of the these Services are described  in the Subscription Form and their availability shall be described in point 5 of this appendix.

2. Service Functions

2.1 Leica Geosystems Trusted Services are software Services of Leica Geosystems that allow the customer to perform a variety of functions as described in the Subscription Form.

2.2 The Service transfer point is the internet router at Leica Geosystems or a computer centre operated by a third party.

2.3 All data is securely transmitted with a 128 bit encryption. This particularly applies to User Names and Passwords, as well as data transferred from Users to the data centre and data queried from the Service.

3. Data Protection of Customer Data

3.1 Leica Geosystems will protect customer data in Leica Geosystems Trusted Services by making a backup every 24 hours. For the avoidance of doubt, Customer acknowledges and agrees that Customer  is solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, Content, Files or Services. Leica Geosystems does not assume any liability whatsoever for any loss of data due to Customer´s failure to provide for appropriate backups himself.

3.2 Not included in the contractual scope of service is the observance of archiving duties, e.g. long-term data assurance for commercial or tax purposes, for which the customer has responsibility - unless the customer has concluded a separate contract with the Leica Geosystems regarding this. In particular customer owns its data stored on the server and is therefore ultimately responsible for it.
3.3 Processing and use of personal data of Customer are subject to Leica Geosystems Privacy Policy as defined in Appendix B. Leica Geosystems shall not, in any way, monitor the data saved for the Customer and the content relating to the legal legitimacy of its collection, processing and use; solely the Customer shall be responsible for this.

4. Customer Prerequisites for Accessing the Service

4.1 Leica Geosystems Trusted Services is accessed via the internet and Leica Geosystems software applications. The following must be provided if Leica Geosystems Trusted Services is to be used:
Office:
- Internet access
- Recommended Web Browser
- The latest version of Leica Geosystems software applications

Field
- Internet access using at least a 2G cellular communication or WiFi network
- The latest version of Leica Geosystems software applications

4.2 The above-mentioned conditions and telecommunications services including the transmission services from the service transfer point to the units used by the customer are not included in Leica Geosystems Trusted Services and must be provided by the Customer.

5. Availability

5.1 The availability refers solely to the Leica Geosystems Trusted Services functions described in point 2.

5.2 Leica Geosystems shall provide the Customer with the Leica Geosystems Trusted Services functions described in the Subscription Form for the duration of the system running time subsequently indicated, however while excluding the planned non-availability times indicated in point 6:

        - The system running time is: 98% of 24 hours per day and 365 days per year

5.3 Non-availability due to force majeure does not fall under the guaranteed availability time.
 

6. Planned Non-Availability Time

6.1 During the planned non-availability time, Leica Geosystems is entitled to perform maintenance on the software and/or hardware systems and to back up the data. The Customer shall be informed of planned non-availabilty times in writing. If there are important reasons for this, the Customer must not refuse to give his approval unfairly.

6.2 If the Customer is able to use Leica Geosystems Trusted Services in times of planned non-availability, he has no legal entitlement to do so. If the Service is reduced or no longer available when Leica Geosystems Trusted Services is used during times of non-availability, the Customer shall have no entitlement to warranty or compensation.

6.3 The planned non-availability time has been decided as follows:

        - every Saturday 12:00 (GMT+1) to Sunday 12:00 (GMT+1)

Appendix  B
Privacy Policy

Please read this privacy policy carefully. Your use of any Leica Geosystems web site or web services constitutes your agreement to this privacy policy (the "Leica Geosystems Privacy Policy") and consent to the terms herein. Please see the section labeled "Information We Collect and How We Use It" to learn more about our collection and use of user information.

1.       Introduction

2.       Important Terms Used Throughout This Privacy Policy

3.       Information we collect and how we use it

3.1      If You Visit the Site to Browse

3.2      If You Register, Send Us a Communication or Engage in a Transaction While at our Site

3.3      If You Do Not Wish to Disclose User Information

3.4      Cookies

4.       Access to Your Information and Complaints

4.1      Accessing, Correction, Updating and Deleting Your Personal Information

4.2      Complaints

4.3      Removal or Correction of Personally Identifiable Information

4.4      Third Parties and Links to Other Web Sites

4.5      Security

4.6      Site and Service Updates

4.7      Children

4.8      Merger, Assets, Sales etc.

4.9      How do I Contact Leica Geosystems

4.10    Miscellaneous

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1. Introduction.

Leica Geosystems AG is committed to safeguarding the privacy of visitors to the Site and users of the other services available through the Site. We will use our best efforts to ensure that the information you provide us remains private and is used only for the purposes set forth herein.

The Leica Geosystems Privacy Policy details our commitment to protect your information and the limited manner in which we will use that information to provide and improve our provision of the services. We have developed our Privacy Policy from industry guidelines and standards, and local, national, and international laws and requirements. All privacy practices and methods described herein only apply insofar as permitted by the applicable standards, laws and requirements and as limited by the web site or interactive banner you are visiting.

2. Important Terms Used Throughout This Privacy Policy.

Throughout the Leica Geosystems Privacy Policy we use several specialized terms. "Personally Identifiable Information" is information pertaining to the personal and factual circumstances of a natural person, i.e., for example, name, address or telephone number of this natural person; hence,    information that tells us specifically who you are, like your name, street address, email address, billing address, credit card number and expiration date. "User Information" means all Personally Identifiable Information and any other forms of information discussed in the Leica Geosystems Privacy Policy, including the Internet Protocol (IP) address of a user's computer. We use the term "aggregate" when we combine information from various persons or users. Information is said to be "anonymized" if it does not identify individual persons or entities or associate a particular person or entity with such information.

3. INFORMATION WE COLLECT AND HOW WE USE IT.

3.1 If you visit the Site to Browse.

Leica Geosystems shall collect, process and utilize personal data in compliance with the data protection laws of Switzerland. This shall apply regardless of which parts of the Leica Geosystems website the User accesses or has accessed before taking note of these Data Protection Provisions.

LEICA GEOSYSTEMS shall utilize personal data of Users exclusively in order to allow utilization of the LEICA GEOSYSTEMS website, which is subject to registration by Users On no account shall LEICA GEOSYSTEMS bring personal data of Users to the notice of third parties for advertising or marketing purposes or otherwise forward them to third parties unless this is necessary to render the service to be rendered by LEICA GEOSYSTEMS

We will only collect and store the domain name and host from which a user accessed the Internet (e.g., aol.com), the IP address of the user's computer, the user's browser software and operating system, the date and time the user accesses the Site and the Internet address of any web site from which the user linked directly to our Site or to which the user links after visiting our Site. We use this information to measure the number of visitors to sections of our Site, to determine from where our visitors linked and to where our visitors link from the Site and to help us make our Site more useful. For example, we organize and analyze IP addresses so that we can provide efficient service, enhance security, monitor appropriate usage and produce traffic volume statistics. This type of information is sometimes shared with third parties, such as when we aggregate and disclose Site traffic information for marketing and commercial purposes. When we share such information with third parties we will require them to abide by the standards of the Leica Geosystems Privacy Policy. Leica Geosystems is the sole owner of the information collected on this Site. We will not sell, share or rent this information to others in ways different from that disclosed in the Leica Geosystems Privacy Policy.

3.2 If You Register, Send Us a Communication or Engage in a Transaction While at Our Site.

If you communicate with us, we collect and store the Personally Identifiable Information you provide through this process, including if applicable) your user ID and password, which we may elect to provide for you. If you engage in a transaction while logged on to our Site, then we collect and store information about the transaction. If you send us communications, then we may collect such communications in a file specific to you.

We use the information we collect from you as a registered user to build features that we hope will make the services more attractive and easier for you to use. This may include better customer support and timely notice of new products and services. We may share User Information with our partners, affiliates and joint venturers that are committed to serving your need for the services and improving your user experience, but will require such third parties to abide by the standards of the Leica Geosystems Privacy Policy. We may also share aggregate anonymized data relating to activity on the Site and use of the services, such as demographical and statistical information, for marketing, research and other purposes. Furthermore, we may need to disclose User Information to law enforcement or other government officials if appropriate for your protection or in connection with an investigation of fraud, intellectual property infringement or other activity that is illegal or may expose us or our users to legal liability. From time to time, our Site may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and address) and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Site.

We send responses to all communications from users. Established members will occasionally receive information on products, services or special deals. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see our choice and opt-out below.

3.3 If You Do Not Wish to Disclose User Information.

If you do not want to provide us with certain User Information then you may opt out by not using the service that provides us with such User Information. For example, if you do not want us to retain your name, then you may choose not to become a registered user, not to send us a communication, or not to purchase products through the Site. You will not be entitled to the benefits of registration or a response to the communication, but you are still free to browse the Site.

3.4 Cookies.

Cookies are small text files that our Site can send to your browser for storage on your hard drive. Cookies can make your use of our Site easier by saving your status and preferences upon visits to our Site. The cookies are refreshed every time you enter the Site. Most browsers are initially set to accept cookies, but you may be able to change the settings to refuse cookies or to be alerted when cookies are being sent. We may use cookies for two purposes: (1) to enable Leica Geosystems' web site to customize some of its information for your convenience, such as "remembering" the language you selected; and (2) in some instances, to associate you with your User Information. For example, through the use of cookies we may provide a service so that you can login automatically and thereby save you time. Although rejection of cookies will not interfere with your ability to interact with most of our Site, you may need to accept cookies in order to login and use certain interactive services on the Site.

4. ACCESS TO YOUR INFORMATION AND COMPLAINTS.

4.1 Accessing, Correcting, Updating and Deleting Your Personal Information.

If you have submitted personal information to Leica Geosystems through the Site, or if someone else has submitted your personal information through the Site you can:

Access, Correct, Update Your Personal Information by completely filling in this Contact form, or sending a letter to:

Leica Geosystems AG
Attn: Webmaster
Heinrich-Wild-Strasse
CH-9435 Heerbrugg
Switzerland

Leica Geosystems will use reasonable efforts to supply you with the information you requested to access and to correct any factual inaccuracies in this information.

Delete Your Personal Information by filling in this Contact form, specifying your request and giving your email address (important: must be the one you submitted when registering). We will then use reasonable efforts to remove your personal information from our files.

4.2 Complaints.

Leica Geosystems is committed to working with consumers to obtain a fair and rapid resolution of any complaints or disputes about privacy. Please send us your questions or comments regarding our privacy practices either via email or sending a letter to:

Leica Geosystems AG
Attn: Webmaster
Heinrich-Wild-Strasse
CH-9435 Heerbrugg
Switzerland

Leica Geosystems will be happy to respond to your questions and comments.

4.3 Removal or Correction of Personally Identifiable Information.

Upon your request, we will remove your Personally Identifiable Information from our database and correct any errors you identify in such information. If Personally Identifiable Information is removed, you will lose access to the parts of the Site for which you must provide such Personally Identifiable Information to gain access. After removal, we will only retain copies of such information as is necessary for us to comply with governmental orders, resolve disputes, troubleshoot problems, enforce any agreement you have entered into through our Site and as otherwise reasonably necessary. Any Personally Identifiable Information provided as a part of a transaction on the Site represents a record of that business transaction that cannot be altered after the transaction is complete.

4.4 Third Parties and Links to Other Web Sites.

The Leica Geosystems Privacy Policy only addresses the use and disclosure of User Information collected by Leica Geosystems. If you disclose information to other parties, different rules may apply to their use or disclosure of such information regardless of their affiliation or relationship with Leica Geosystems. Because Leica Geosystems does not control the privacy practices of third parties you are subject to the privacy customs and policies of those third parties. When you link to another web site, you are subject to the privacy policy of that web site. We encourage you to ask questions and review the applicable privacy policy before you disclose your personal information to third parties.

We do not try to control, and disclaim responsibility for, information provided by other users or third parties that is made available through our Site. Such information may contain errors, intentional or otherwise, or may be offensive, inappropriate or inaccurate, and in some cases will be mislabeled or deceptively labeled.

4.5 Security.

This Site takes every precaution to protect our users' information. Leica Geosystems has implemented technology and security features and strict policy guidelines to safeguard the privacy of your Personally Identifiable Information from unauthorized access or improper use, and we will continue to enhance our security procedures as new technology becomes available.

4.6 Site and Service Updates.

We may send Site and service announcement updates to users. We communicate with the user to provide requested services via email or phone.

Choice/Opt-out

Users who no longer wish to receive our notices or promotional materials may opt-out of receiving these communications by sending an email to webmaster@leica-geosystems.com with "unsubscribe" written in the subject line of the email, or sending a letter to:

Leica Geosystems AG
Attn: Webmaster
Heinrich-Wild-Strasse
CH-9435 Heerbrugg
Switzerland

4.7 Children.

Leica Geosystems joins the industry in recognizing that children may not be able to make informed choices about personal information requested online. Accordingly, Leica Geosystems does not target children under the age of 13 for collection of information online. Leica Geosystems does not solicit or collect customer identifiable information from children under the age of 13. If a child has provided us with personal information, a parent or guardian of that child may contact us at the addresses listed elsewhere in this Privacy Policy if they would like this information deleted from our records. We will use reasonable efforts to delete the child's information from our databases.

4.8 Merger, Assets, Sales etc.

If Leica Geosystems or any of its lines of business is sold, pledged or disposed of as a going concern whether by merger, sale of assets, bankruptcy or otherwise, then the user database of Leica Geosystems could be sold as part of that transaction and all User Information accessed by such successor or purchaser.

4.9 How do I Contact Leica Geosystems.

If you have any questions regarding the Leica Geosystems Privacy Policy, you can contact Leica Geosystems via email.

4.10 Miscellaneous.

Leica Geosystems may from time to time change the Leica Geosystems Privacy Policy with or without notice, so please check it regularly for any changes or updates. For future reference, Leica Geosystems will make a link to the current Leica Geosystems Privacy Policy available to you on your screen when you are on our Site. Your use of the Site constitutes your agreement to the Leica Geosystems Privacy Policy and your assent to any modification thereto. If you do not agree with any of these terms, please do not use this Site or submit any personal information. This English version shall always prevail in case of conflicts between it and any translations of the Leica Geosystems Privacy Policy.