Terms of Use | EEBUS-Starterkit

A free demonstration package provided by KEO GmbH, Deutz-Mülheimer Str. 183, 51063 Cologne, Germany (“KEO”), to let businesses and academic users evaluate the KEO Use Case API. It contains: a limited KEO EEBUS stack exposing the Use Case API for a single use case, Monitoring of Power Consumption (MPC); the KEO Ktest “StiX” counterpart for the same use case, so you can test the API; and a generic, unmodified test toolchain. It is supplied free of charge. Its technical details, system requirements and open-source components are described in the documentation supplied with the Starter Kit.

You may accept these Terms only if you are either (a) a business acting in the course of your trade, business or profession (Unternehmer, § 14 BGB) and authorised to bind the Licensee, or (b) an individual using the Starter Kit for academic study, teaching or research — for example a student, academic or researcher. The Starter Kit is not offered to the general public for private consumer use. On request, KEO may ask for evidence of your business or academic status.

KEO grants the Licensee a limited, non-exclusive, non-transferable, revocable licence to use the Starter Kit internally, solely to evaluate the MPC use case, for 60 days from the date you receive the download link. You may install it, run it against your own products or software to assess suitability, and make backup copies. The licence ends automatically when the 60 days expire (and KEO may end it earlier for material breach). The Starter Kit is not time-locked — it keeps running afterwards, and KEO does not, and technically cannot, disable or remotely stop it. On expiry you must therefore stop all use and delete all copies on your own initiative, and confirm deletion if KEO asks. Any use after the licence ends is unlicensed and outside these Terms.

You must not: use the Starter Kit in production or for any commercial purpose; use it or the StiX counterpart for real testing, validation or qualification of any product; redistribute, sublicense, sell, rent or transfer it; reverse-engineer, decompile or disassemble it (except where mandatory law allows); modify, reconfigure or extend the generic toolchain beyond its documented operation; or create derivatives or take any step that would force the Starter Kit, or any part of it, under an open-source licence. Any use beyond these Terms needs a separate written agreement with KEO.

The Starter Kit and all related materials remain KEO’s property and confidential information. Keep them confidential, do not disclose them to third parties — other than your own staff, advisers bound to secrecy, or approved subcontractors on a need-to-know basis and under equivalent confidentiality — and do not use them beyond this evaluation. This obligation continues for three years (36 months) after the evaluation ends. It does not apply to information that is already known to you, public, lawfully received from a third party, released by KEO in writing, or required to be disclosed by law (with prior notice to KEO where permitted). Where you and KEO (or its affiliate) are also bound by a separate non-disclosure agreement (“NDA”) covering the same or overlapping subject matter, this clause supplements and does not replace the NDA; if they conflict over the same information, the NDA prevails, and the NDA survives independently under its own terms.

You are encouraged to share feedback. KEO may use any feedback freely to improve its products and services, without attribution or payment to you.

The Starter Kit uses third-party open-source components that are not part of it; these are governed solely by their own licences, listed in the documentation supplied with the Starter Kit. Where LGPL-3.0 applies, KEO makes the corresponding source code available as that licence requires.

The Starter Kit is provided “as is”, free of charge, for evaluation only. To the extent permitted by law, KEO gives no warranties of any kind (including fitness for purpose, merchantability, or error-free or uninterrupted operation) and does not warrant the EEBus specifications or the open-source components. No maintenance, updates or support are owed.

KEO is liable without limit for intent, gross negligence, injury to life, body or health, and under the German Product Liability Act. For simple negligence, KEO is liable only for breach of an essential (cardinal) obligation, and then only for foreseeable, typical damage; otherwise liability for simple negligence is excluded. This applies equally to KEO’s staff and agents. You will indemnify KEO against third-party claims arising from your breach of these Terms, including reasonable legal costs. Where you accept as a consumer (for example, as a student), the exclusions and limitations in these Terms — including the warranty and liability provisions above — apply only so far as mandatory consumer-protection law permits, and your mandatory statutory rights remain unaffected.

KEO processes the contact details you provide to administer your access and to follow up about its EEBUS solutions (Art. 6(1)(b) and (f) GDPR), in line with its Privacy Policy. You may access, correct or request deletion of your data.

These Terms cover the free evaluation only. Any productive or commercial use — including integrating the software into products or distributing it — requires a separate licence agreement with KEO.

The Licensee must comply with all applicable export-control, customs and sanctions laws — including those of the European Union, Germany (AWG/AWV) and, where relevant, the United States. The Licensee must not export, re-export, transfer or make the Starter Kit (or its direct product) available, directly or indirectly, to any country, entity or person where this is prohibited or would require an authorisation the Licensee has not obtained, nor use it for any prohibited end-use. The Licensee confirms that it is not located in, or controlled by a party in, an embargoed territory and is not on any applicable restricted-party or sanctions list.

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance is Cologne. The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Cologne, provided the Licensee is a merchant (Kaufmann) or a legal entity under public law, has no general place of jurisdiction in Germany, has moved its domicile abroad after accepting these Terms, or its domicile or habitual residence is unknown when proceedings are commenced. These Terms are drafted in English; where a translation is provided for convenience, the English version prevails. Questions: info@keo-connectivity.de.

These Terms (together with any separate NDA or MSA that applies) are the entire agreement for the free evaluation and replace any earlier understanding about it; your own terms and conditions do not apply unless KEO accepts them in text form. Notices under these Terms must be given in text form (§ 126b BGB, e.g. email). KEO may update these Terms — the version in force when you download the Starter Kit governs that evaluation. You may not transfer your rights or obligations without KEO’s prior written consent, except in a transfer of your business as a whole (or to an affiliated company on notice to KEO). If any provision is or becomes invalid, the remaining provisions stay in force.