These terms regulate the conditions for the use of Touchway software solutions, Touchway software licenses and Touchway software services.
Touchway solutions use software belonging to the Touchway owner, as well as software by other manufacturers: e.g. authoring programs, help programs, software libraries and screening platforms, for example. Each software comes with its own legal rights that may only be applied within the context of their specific license terms.
Rights to specific methods of resolution and functions, as well as to specific programming codes of Touchway solutions, belong to the Touchway owner. Rights to software by other manufacturers belong to those manufacturers. Only the license terms of these manufacturers can grant the use of their software. By using Touchway solutions the customer agrees to the license terms of the Touchway owner and those of other manufacturers.
Transfer of Usage Rights
Usage rights for the Touchway owner's software are outlined in the order contract, and are granted once payment of the stipulated amount has been made. Usage rights only apply to the temporal and geographic usage described in the order contract, and to the defined purpose of use and order size. Usage rights may be transferred to a successor company by the customer, but may not be transferred to sister companies, subsidiaries, parent companies or third parties. The transfer of usage rights of Touchway's owner does not include the transfer of usage rights of other manufacturers or third parties.
The Touchway owner has the right to verify software usage by online requests to the license server, and to limit or deny usage if this license term has been violated, once a warning via email has been sent and a waiting period of 30 days has expired, or to request the cessation of the usage that is in violation of the contract, and to verify that it has indeed ceased. If there is no way to verify usage online, the customer obligates himself to allow the Touchway's owner or a third party stipulated on both sides to conduct a physical verification within 30 days of receiving written notice.
Should a customer use the software in a way that is unlawful or if he enables a third party to use the software, he is then liable for the resulting increased usage and/or for the wrongful use in accordance with the sections stipulated in the order contract and/or in accordance with the current rates, both retroactively and continuously, covering the entire period of increased usage and/or wrongful use, plus a surcharge of 50%. Additionally, the Touchway owner can demand compensation for any wrongful use, for any possible material or immaterial damages. The customer is also responsible for any costs incurred in order to defend or satisfy legal rights on the part of other manufacturers or third parties.
Delivery of Software
Delivery of the software is deemed complete when the software and the necessary activation code have been provided to the customer either via email, as a download or as a system access. The customer himself is responsible for access to the software and for its installation on the customer's systems once the software has been made available.
Functionality of Software
Functionalities outlined in offerings only apply to technical, chronological or legal circumstances at the time the offering and as far as they are clearly communicated. Should the circumstances deviate from those in actual effect, or should the circumstances change at a later date, then functionality as outlined in the offering can no longer be guaranteed. Any rectifications or upgrades are at the customer's expense.
Integration of Data
The Touchway owner does not guarantee the clean conversion and display of customer or third party data or documents. If errors occur during the conversion, distribution or presentation, it is up to the customer or the delivering party to change the data and documents in such a way that these errors no longer occur.
Operation of Software
Operating services on clients or servers guaranteed by the Touchway owner by written contract are deemed fullfilled when they are usable for 99% of the stipulated usage time, calculated per calendar year (for example 7x16 hours). Interruptions caused by external factors (interconnection, network, third party software, attacks, viruses, etc.) or by force majeure do not count. The prerequisite for a functioning software operation is a valid SLA.
The operator is solely responsible for ensuring the functional efficiency of Touchway solutions on its specific servers, clients and playback systems.
The operating environment (client, server, device, operating system version, runtime software, other third party software, configuration, etc.) for Touchway solutions must meet all specific requirements for the software versions in use. If no requirements are outlined, no playback suitability will be suggested. In this case, the operator of the systems must evaluate the system's suitability on his own risk.
Even if all requirements are met, it is still not possible to guarantee functional efficiency in a specific operating environment, due to the vast number of different devices, operating systems and user-specific configurations.
Statements on the functionality of Touchway solutions always refer exclusively to operating environments, which are known at the time of offering. No statement can be made about functional efficiency of Touchway solutions on future systems. System updates are performed by customers or users at their own risk.
It is recommended that customers test Touchway solutions before using it in their environment in order to ensure its functionality. However, a positive test does not mean that the Touchway solutions will operate properly in the productive environment.
The protection of the servers, clients, playback systems, networks and peripheral systems from malware, manipulation, sabotage, espionage and data theft is the responsibility of the operator of the playback systems.
SLA Service Level Agreement
The SLA (Service Level Agreement) includes time-defined support and license provisioning and release patches for Touchway solutions and is mandatory for the proper operation of these solutions.
Support services include support for productive users (publishers, administrators), but not for end users or colleagues. The support team answers questions about software functionality and the integration of contents. Support requests are placed through the ticketing system or the support mail (email@example.com). Support is available at office hours (CET) in English and German. The reaction time is 8 working hours.
License provisioning allows for the usage, release, activation and deactivation of software licenses. The license provisioning is a prerequisite for a functioning software operation.
Release patches include the delivery of official software patches within the version used by the customer (eg Release 6.1.11 to Release 6.1.12), but no version updates (eg Version 6.1.x to Version 6.2.x). The customer is responsible for deploying the patches.
The SLA also grants the customer the right to download, install and use the latest publicly available player versions, even if he has licensed an older version. This does not guarantee that projects and configurations based on older versions will work on newer versions of the player. This must be tested by the customer himself.
For time-dependent usage such as hosting, services, operation, rent, subscriptions, service level agreements, SaaS and ASP the following modalities apply, unless otherwise defined in the offering or tariff: Minimum duration/period: 12 months; Renewal: automatically for next period; Notice: 1 month before next renewal.
Exclusion of Liability
Users use the Touchway solutions at their own risk. The Touchway owner ist not liable for material or immaterial damages that occur in correlation with the operation or use of Touchway solutions. Potential claims from the customer, the user or from a third party cannot be validated.
The term «customer» includes sales partners, suppliers, publishers, agencies, end users and customer representatives.
The Touchway owner reserves the right to adjust these terms anytime. In each case, the terms and conditions that were published at the time of the ordering or renewal on the website www.touchway.com apply.
These general terms and conditions are subject to Swiss law. Place of jurisdiction: Meilen, Zurich, Switzerland.
January 1st, 2020, Zollikerberg Zurich, Switzerland