The use of this Nextteq Detector Tube and Product Support App ("NXI Data Recorder™") of Nextteq® International LLC ("Nextteq") is subject to the following terms of use ("License"). These Terms of Use contain information on rights and obligations between the user of the NXI Data Recorder™ ("Users") and Nextteq regarding the use of NXI Data Recorder™.

   The NXI Data Recorder™ may only be installed and used under the conditions specified in this license terms. The source code of the NXI Data Recorder is not part of the license. The obligations arising from this license terms are exclusively for Nextteq and the user. Due to the use of the NXI Data Recorder™ and on the basis of this license terms, no claims can be made against other companies.

   1 Subject of the license

   NXI Data Recorder™ serves as a source of information for Nextteq products and a tool for data management for users of Nextteq Detector Tubes. The user is any natural or legal person who uses the NXI Data Recorder™ or who installs the NXI Data Recorder™ on a terminal or has it installed by a third party ("User").

   If a user uses the NXI App, the NXI App may contain information which, without adequate training and experience, may cause danger to the body and life of users of Nextteq products or with persons who are properly connected to them.

   The NXI App is installed for use on the end user devices and requires appropriate IT resources (devices such as smartphone, tablet, laptop or PC, Internet access).

   Users are not authorized to allow users to use the NXI Data Recorder™ or to allow access to the contents of the NXI Data Recorder™ that have not acknowledged these Terms of License unless this is otherwise permitted by this or other applicable licensing terms.

   2 Copyright and proprietary rights

   All content displayed in the NXI Data Recorder™ or accessed via the NXI Data Recorder™, including, but not limited to, design, text, software, technical drawings, configurations, graphics, images, databases, multimedia files, other files as well as their selection and arrangement ("NXI Data Recorder™ Content"), but exclusively from the data entered by the user or other users, are the property of Nextteq or its subsidiaries and licensors and are subject to copyright protection. These NXI Data Recorder™ contents may not be modified, copied, distributed, adapted, reproduced, republished, downloaded, displayed, posted, transferred or sold in any form or by any means, in whole or in part. Exceptions are the display and printing possibilities expressly provided in the NXI Data Recorder™ and the exemptions resulting from the applicable open source licenses.

   All NXI Data Recorder™ contents transferred to, downloaded, or otherwise transferred to an IT system remain the property of Nextteq and must be deleted or returned to Nextteq, depending on the type of content, as soon as the user is no longer allowed to use the NXI Data Recorder™. Reports generated with the NXI Data Recorder™ may be re-used indefinitely for the purpose of proper documentation for business purposes, but are still subject to these license conditions.

   3 Contents - Limitations

   Unless otherwise specified, the NXI Data Recorder™ content is for informational purposes only. Information on the product descriptions, technical documentation and other derivable information available through the NXI Data Recorder™ does not replace the reading of the operating instructions accompanying any Nextteq product. Nextteq assumes no liability whatsoever for the completeness and correctness of the information and contents of the NXI Data Recorder™. Nextteq reserves the right to change or update the NXI Data Recorder™ content at any time without prior notice. This includes updates, upgrades, or other customizations. However, Nextteq does not accept any obligation to modify or further develop the NXI Data Recorder™. Nextteq does not warrant or guarantee the availability of listed products or services in all countries.

   Nextteq explicitly points out that the function of the NXI Data Recorder™ is not, or cannot, be a comprehensive replacement of a proper documentation of measurement results and control tests. Likewise, Nextteq does not assume any guarantee that the NXI Data Recorder™ is suitable for the needs of the user or can fulfill or promote a certain purpose pursued by the user.

    4 Software/Utilities/Downloads

   If the user is provided with software and associated protected works (hereinafter referred to as "software"), Nextteq grants the user a non-exclusive and non­transferable right of use according to the following provisions, unless transferability is expressly provided. The license is not limited in time and space, and includes all use cases necessary to use the features of the NXI App product description at the time the software is purchased. Any further use is expressly reserved and is not the subject of this license.

   The user is not entitled to change the software, to reverse engineer, to translate, to remove parts or to connect with other programs. The user is not allowed to remove alphanumeric and other identifiers as well as manufacturer data - in particular copyright notices - from data carriers and has to transfer them unchanged to each backup copy. The user is not entitled to rent or lend software to third parties or to grant sublicenses.

   Software for which Nextteq has only a derived right of use, the terms and conditions of use agreed between Nextteq and its licensor, which the user receives with the respective supplementary licensing conditions applicable for these software components, will be additionally applied, insofar as these provide for a subscription right of the source code of the software component in favor of the user.

   The acquisition of software does not imply any obligation on Nextteq to provide software services. These require a separate agreement.

   5 Links to Third Party Websites

   The NXI Data Recorder™ may contain links to third party websites. If the user uses these links, he leaves the NXI Data Recorder™. These third-party websites are neither processed by Nextteq nor checked regularly, but were checked when the link was set. Nextteq is not responsible for these pages or their contents and expressly dissociates itself from them. Nextteq does not assume any responsibility for these pages, nor does Nextteq make these pages, its information, software or other products or materials on them, or results from its use. If the user decides to call up one of the websites of third parties that are linked to the NXI Data Recorder™, this is done at his own responsibility. Nonetheless, if the user is violated in his rights by the linked site, Nextteq will remove this link within a reasonable period after examination of the facts if the infringement is confirmed. To initiate this Notice-and­Takedown procedure, the affected user must notify Nextteq of the alleged infringement of his rights.

   6 Confidentiality

   The NXI Data Recorder™ content, in particular, servicing documents, software, utilities, and other technical information, must be treated as confidential information and may only be used in accordance with these Terms of Use and any other agreements concluded with the user through the use of the NXI Data Recorder™.

   If information is passed on to third parties who are not entitled to receive it, Nextteq reserves the right to initiate appropriate legal action.

   7 Liability

   It is user's sole responsibility to confirm all information uploaded to the NXI Data Recorder™ and results generated by the NXI Data Recorder™.

   Nextteq shall not be liable in any manner whatsoever to the user or any of its employees, contractors or other persons associated with user for damages or injury, including death, caused by user's failure to accurately document and confirm information manually or failure to accurately confirm calculated data or information that is uploaded to the NXI Data Recorder™ or information or results generated in any manner whatsoever by the NXI Data Recorder™. User shall indemnify and hold Nextteq harmless against any liability caused by user's failure to perform this duty.

   8 Safety instructions

   The use of online resources is associated with risks which are caused by the public access and the possibility of the unauthorized influence of third parties on the contents and which the user accepts by using the Internet. The user is obligated to take all reasonable precautions to keep the terminal on which the NXI Data Recorder™ is used free from and inaccessible to computer viruses, spyware, worms, Trojans or other malicious programs. In particular, the user is obligated to use current anti-virus software, firewalls and similar protective measures on the terminal or device, if reasonable and appropriate.

   9 Privacy Policy

   Nextteq is committed to the protection of the personality rights of anyone whose personal data are processed. This applies irrespective of where and how the personal data are collected and processed. In the following, you will be informed about how we deal with personal data collected in this app.

   (1)    If using the app, we collect the following personal data to enable the functions of the app: name and contact data, location of a usage, time data of a usage, image data. The user agrees to store the user name of the user logged in to the NXI App and, if necessary, to display it as watermark in the NXI App documents and to appear on his printout of the NXI App documents.

   (2)    These personal data are stored exclusively in the app and therefore locally on your device, as long as you do not share this data with third parties even with the features offered in the app (for example, parts via mail, WhatsApp, export as PDF). Please check for yourself whether sharing a part with third parties complies with the applicable legal regulations. This applies in particular to image data on which persons can be identified.

   (3)    Nextteq does not have access to the data stored in the app. The personal data are stored solely for your purposes, in particular to document your measurement procedures.

   (4)        Please note that data stored in the app can also be viewed on the same mobile device for other users. The user administration offered in the app provides you with a convenience for the master data, such as name or contact details. The app does not include user-oriented data collection on the app. Nextteq recommends that you only have one mobile user per mobile device and that the mobile device is protected with an access protection.

   10 Export regulations

   The user is responsible for compliance with any export and import regulations. Nextteq explicitly points out that software in international traffic can also be subject to export and import irregularities.

   11 Applicable law and jurisdiction

   The exclusive court of jurisdiction will be chosen by Nextteq and Nextteq is entitled in its discretion to also use the court responsible for the seat of the customer.

   12 Third Party

   All third-part trademarks are copyright of their respective owners. All third-party software is licensed under their individual agreements.