Legal Disclosure

Information in accordance with Section 5 TMG

Smart City System GmbH
Kohlenhof St. 60
90443 Nuremberg

Register entry

Register Number: HRB33853
Register Court: Nuremberg Local Court​

Represented by

Stefan Eckart
Andreas Jaumann

Contact Information

Telephone: +49 172 5969105
E-Mail: info@smart-city-system.com
Internet address: https://smart-city-system.com/

VAT number

VAT indentification number in accorance with Section 27 a of the German VAT act:

DE815692486

Dispute Settlement

The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr.
You can find our e-mail address in the imprint above.

We are not willing or obliged to participate in dispute resolution proceedings before a consumer redress body.

Disclaimer

Accountability for content
The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents’
accuracy, completeness or topicality. According to statutory provisions, we are furthermore responsible for
our own content on these web pages. In this matter, please note that we are not obliged to monitor
the transmitted or saved information of third parties, or investigate circumstances pointing to illegal activity.
Our obligations to remove or block the use of information under generally applicable laws remain unaffected by this as per
§§ 8 to 10 of the Telemedia Act (TMG).

Accountability for links
Responsibility for the content of
external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were
evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective
link immediately.

Copyright
Our web pages and their contents are subject to German copyright law. Unless
expressly permitted by law, every form of utilizing, reproducing or processing
works subject to copyright protection on our web pages requires the prior consent of the respective owner of the rights.
Individual reproductions of a work are only allowed for private use.
The materials from these pages are copyrighted and any unauthorized use may violate copyright laws.

Source: impressum generator at translate-24h.de

Privacy Policy

1. Privacy Policy at a Glance

General Information

The following notice provides a simple overview of what happens to your personal information when you visit our website. Personal information is any information that personally identifies you. You can find detailed information on the subject of data protection in our data protection declaration listed below this text.

Data collection

Who is reponsible for data collection?

Data processing on this website is carried out by the website operator. Their contact data can be found in the imprint of this website.

How do we collect data?

Your data is collected by you communicating it to us. This may involve data that you enter in a contact form, for example.

Other data is automatically collected by our IT systems when you visit the website. These are mainly technical data (e.g. Internet browser, operating system or time of the page call). This data is collected automatically as soon as you enter our website.

What do we use your data for?

Some data is collected to ensure that the website is error-free. Other data may be used to analyze your user behavior.

What are your protection rights?

You have the right at any time and free of charge to receive information about the origin, recipient and purpose of your stored personal data. You also have the right to demand the correction, blocking or deletion of this data. You can contact us at any time at the address given in the imprint for this and other questions on the subject of data protection. Furthermore, you have the right to appeal to the responsible supervisory authority.

In addition, you have the right, under certain circumstances, to demand the restriction of the processing of your personal data. For details please refer to the data protection declaration under “Right to Limitation of Processing”.

Analysis Tools and Tools from Third Parties

When you visit our website, your surfing behaviour can be statistically evaluated. This is done primarily with cookies and analysis programs. The analysis of your surfing behavior is usually anonymous; surfing behavior cannot be traced back to you. You can object to this analysis or prevent it by not using certain tools. Detailed information on this can be found in the following privacy statement.

You can always object to this analysis. We will inform you about the possibilities of objection in this data protection declaration.

2. General and Mandatory Information

Data Privacy

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and according to the legal data protection regulations as well as this data protection explanation.

If you use this website, various personal data will be collected. Personal data is data with which you can be personally identified. This Privacy Policy explains what information we collect and how we use it. It also explains how and for what purpose this is done.

We would like to point out that data transmission over the Internet (e.g. communication by e-mail) can be subject to security gaps. A complete protection of the data against access by third parties is not possible.

Note on the responsible body

The responsible body for data processing on this website is:

Smart City System GmbH
Kohlenhof St. 60 
90443 Nuremberg
Bavaria, Germany

Email: webservices@smart-city-system.com
Telephone: 015773855567

The responsible body is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.).

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke your consent at any time. For this purpose, an informal e-mail notification to us is sufficient. The legality of data processing is carried out until revocation remains unaffected.

Right to object to data collection in special cases as well as direct advertising (Art. 21 DSGVO)

If data processing is carried out on the basis of Art. 6 para. 1 lit. e or f DSGVO, you have the right at any time to object to the processing of your personal data for reasons arising from your particular situation; this also applies to profiling based on these provisions. The respective legal basis on which a processing is based can be found in this data protection declaration. If you file an objection, we will no longer process the personal data concerned unless we can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims (objection according to Art. 21 para. 1 DSGVO).

If your personal data are processed for the purpose of direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling in so far as it is connected with such direct advertising. If you object, your personal data will no longer be used for direct marketing purposes (objection according to Art. 21 para. 2 DSGVO).

Right of appeal to the competent authority

In the event of infringements of the DSGVO, the persons concerned have the right to appeal to a supervisory authority, in particular in the Member State of their habitual residence, workplace or place of presumed infringement. The right of appeal shall be without prejudice to other administrative or judicial remedies.

Right to data transferability

You have the right to have data which we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another responsible person, this will only be done as far as it is technically feasible.

SSL / TLS encryption

This site uses SSL / TLS encryption for security reasons and to protect the transfer of confidential content, such as orders or requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Information, blocking, deletion and correction

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if applicable, a right to correction, blocking or deletion of this data. You can contact us at any time at the address given in the imprint for this and other questions on the subject of personal data.

Right to restrict processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time at the address given in the imprint. The right to restriction of the processing exists in the following cases:

  • If you dispute the accuracy of your personal data stored with us, we usually need time to verify this. For the duration of the check, you have the right to demand that we restrict the processing of your personal data.
  • If the processing of your personal data has taken place unlawfully, you can demand the restriction of data processing instead of deletion.
  • If we no longer need your personal data, but you need it for the exercise, defence or assertion of legal claims, you have the right to demand the restriction of the processing of your personal data instead of deletion.
  • If you have lodged an objection pursuant to Art. 21 Para. 1 DSGVO, a balance must be struck between your and our interests. As long as it is not yet clear whose interests predominate, you have the right to demand that the processing of your personal data be restricted.

If you have restricted the processing of your personal data, such data may not be processed – apart from its storage – without your consent or for the purpose of asserting, exercising or defending legal rights or protecting the rights of another natural or legal person or for reasons of an important public interest of the European Union or a Member State.

Objection to advertising e-mails

We hereby object to the use of contact data published within the scope of the imprint obligation to send unsolicited advertising and information material. The operators of this website expressly reserve the right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.

3. Data collection on our website

Cookies

Some of the Internet pages use so-called cookies. Cookies do not damage your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, more effective and safer. Cookies are small text files that are stored on your computer by your browser.

Most of the cookies we use are so-called “session cookies”. They are automatically deleted at the end of your visit. Other cookies remain stored on your terminal until you delete them. These cookies enable us to recognize your browser during your next visit.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, accept cookies for certain cases or generally exclude them and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.

Cookies that are required to carry out the electronic communication process or to provide certain functions you require (e.g. shopping basket function) are stored on the basis of Art. 6 para. 1 lit. f DSGVO. The website operator has a justified interest in the storage of cookies for the technically error-free and optimised provision of its services. Insofar as other cookies (e.g. cookies for analysing your surfing behaviour) are stored, these are dealt with separately in this data protection declaration.

Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

  • Browser type and browser version
  • used operating system
    Referrer URL
  • Hostname of the accessing computer
  • Time of the server request
    IP address
  • This data will not be merged with other data sources.

This data is collected on the basis of Art. 6 para. 1 lit. f DSGVO. The website operator has a justified interest in the technically error-free presentation and optimisation of his website – for this purpose the server log files must be recorded.

Contact Form

If you send us enquiries via the contact form, your details from the enquiry form including the contact data you provided there will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. These data will not be passed on without your consent.

The processing of the data entered in the contact form is therefore carried out exclusively on the basis of your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke this consent at any time. For this purpose, an informal e-mail notification to us is sufficient. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation.

The data entered by you in the contact form will remain with us until you request deletion, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions – in particular retention periods – remain unaffected.

Inquiry by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your request including all personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent.

This data is processed on the basis of Art. 6 Para. 1 lit. b DSGVO if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, processing is based on your consent (Art. 6 para. 1 lit. a DSGVO) and / or on our legitimate interests (Art. 6 para. 1 lit. f DSGVO), as we have a legitimate interest in the effective processing of enquiries addressed to us.

The data you send us via contact requests will remain with us until you request deletion, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

Plugins and Tools

Vimeo

Our website uses plugins of the video portal Vimeo. Provider is Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA.

When you visit one of our sites equipped with a Vimeo plugin, a connection is established to Vimeo’s servers. This will tell the Vimeo server which of our pages you have visited. Vimeo also obtains your IP address. This also applies if you are not logged in to Vimeo or do not have an account with Vimeo. The information collected by Vimeo is transferred to the Vimeo server in the USA.

If you are logged in to your Vimeo account, you enable Vimeo to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your Vimeo account.

The use of Vimeo is in the interest of an appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit. of the DSGVO.

Further information on the handling of user data can be found in Vimeo’s data protection declaration at: https://vimeo.com/privacy 

Terms of Use

Smart City System – App:

TERMS OF USE

  1. Acceptance

These Terms of Use for the Smart City System App together with the Privacy Policy and the End User Software Agreement (EUSA) govern your use of the Smart City System App and related services (collectively, the “Service”). The conditions represent an agreement between you and SCS in which your rights and obligations as well as those of Smart City System GmbH including affiliated companies and suppliers (collectively “SCS”) are defined in connection with the service. Additional conditions may apply to individual components of the Service.
You are not permitted to use the service if you do not agree to the conditions.

2. Usage authorization

To use the Service, you must be at least eighteen (18) years of age.

3. Use of the Service

You commit yourself:
Comply with applicable laws, conditions and morals.
Not to use the Service for any illegal, offensive, fraudulent, abusive, defamatory or otherwise inappropriate purpose.
Respect the privacy of others.
Not delete or alter any copyright, trademark or other proprietary notices contained on the Service.
Not to use the Service for the purpose of mass downloading, distributing viruses or any other technology that may be harmful to the Service or detrimental to the interests or property rights of the users of the Service.
Not reverse engineer, decompile, disassemble or otherwise attempt to obtain the source code of the Service (except to the extent that this limitation is invalid by law) or otherwise create derivative works based on any part of the Service.

4. Licenses

Users of the Service are granted a non-exclusive, non-transferable license to access and use the Service in strict compliance with the Terms and Conditions. In addition, no other intellectual property rights are granted in the Service or in the information or other content contained in the Service.
Use of the Service and its Content is also subject to the EUSA and is limited to installation on a compatible device.

5. Important information regarding use

The information provided by the Service may be inaccurate and incomplete. The availability and accuracy of the Service will depend, among other things, on third parties who generate the information, wireless networks and satellite systems. It is possible that these may not work in all areas or at all times. You should therefore never rely solely on the aforementioned materials and services, e.g. for important communications or in emergencies.

6. Third-party content

SCS and its licensors hereby disclaim all liability in connection with the use of the Service and the Content contained therein to the fullest extent permitted by law.
The rights to the Content, including without limitation all proprietary rights associated with the Service, belong to SCS and/or its licensors and are protected by the terms of international treaties and all other applicable national laws of the country in which the use is made.

7. Availability

It is possible that the service may not be available in some countries or may only be available in selected languages. The service may be network dependent; please contact your network operator for more information.
SCS reserves the right to make changes, improvements and corrections to the Service at its sole discretion. The Service may not be available during service interruptions and other times.

8. Personal data

8.1 The treatment of your personal data is subject to the Privacy Policy and the supplementary provisions contained in these Terms.
8.2 In order for us to provide the Service to you and for certain license management purposes, certain technical information may be processed by SCS, such as Mobile Network Code and Mobile Country Code, language, time zone, time stamp, device identifier, and also information relating to your transactions with SCS, such as your acceptance of these Terms.
8.3 The use of some features of the Service in connection with your request will be processed by SCS so that we can provide you with just the right content. This information is processed anonymously and is used, among other things, to continuously improve the Service so that, for example, we can provide you with content that more accurately matches your request.
8.6 We may use the information collected for the purposes set out in the Privacy Policy and these Terms and Conditions and any other terms and conditions you may have agreed to on another occasion.
8.7 The Service may use GPS and Assisted GPS (A-GPS, Accurate Online Positioning) for certain functions. The use of A-GPS requires the exchange of network-based location information and special network service provider IDs between your device and the selected A-GPS server in order to establish the satellite connection faster and more reliably.

9. Liability Limitation

The service is provided “as is” and “subject to availability”. SCS does not warrant that the Service will be uninterrupted or error or virus free. No warranty, express or implied, is made as to the availability, accuracy, reliability, information or content of the Service. This includes, but is not limited to, freedom from defects of title and the implied warranty of merchantability or fitness for a particular purpose. You expressly agree and acknowledge that use of the Service is at your own risk and that Content may be presented to you from a variety of sources.
Except in cases of liability for death or personal injury resulting from gross negligence or wilful misconduct, SCS shall not be liable for any direct, indirect, incidental, punitive or consequential damages arising out of the use or inability to use the Service.

10. Release from liability

You agree to defend, indemnify and hold harmless SCS from and against any and all third party claims, liabilities, liabilities, assessments, losses, costs or damages arising out of or related to: a) any violation by you of the Terms of Use; b) any violation or disregard by you of any intellectual property rights, other rights or privacy of any third party; or c) any misuse of the Service by any third party.

11. Other

11.1 Applicable law
Except where prohibited by applicable law or otherwise provided in these Terms and Conditions, the Terms and Conditions shall be governed by German law without regard to its conflict of law provisions.
11.2 Validity
The Terms do not exclude or restrict your mandatory rights in the country in which you reside. If any provision of these terms and conditions is found to be invalid, the validity of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by a legally effective provision which comes as close as possible in its result and purpose to the conditions. In the event of a conflict between these Terms of Use and the Privacy Policy, the provisions of the Terms of Use of the Smart City System App shall have priority. The regulations of the conditions, which are to outlast a termination, remain further valid after a termination.
11.3 Change of conditions
SCS reserves the right to change these terms and conditions at any time without notice. Only material, adverse changes to the Terms and Conditions will be separately announced by SCS in advance.
You are obliged to review these terms and conditions regularly. By continuing to use the Service, you agree to any changes or modifications.
11.4 Links to Third Party Websites and Content
To make it easier for you to access them, SCS may provide you with links to websites owned or maintained by third parties that are not part of the Service. If you follow such a link to a third party website, you should read and agree to the applicable terms and conditions of that third party website before using the website.
You acknowledge that SCS has no control over the content of third party websites and cannot accept any liability for the services offered on those websites or the content created or published by them. A link to a third party site does not mean that SCS endorses the site or the products or services offered through it.

12. Intellectual property

The Service and related software are protected by international copyright laws. You are hereby notified that SCS claims copyrights. Subject to the Terms, SCS retains all right, title or interest in the Service and in any SCS products, software or other property made available to you or used by you through the Service.

Privacy Policy of the ParkingPilot App

General Information

This privacy policy describes the processing of personal data when using the Smart City System control app. It also explains the choices you have about your personal data and how you can contact us.

Who is responsible and how can I contact the data protection officer?

Data processing on this website is carried out by the website operator. Their contact details can be found in the imprint of this website.

Your rights as a data subject

Each data subject shall have the following rights:
“Right of access (Art. 15 DSGVO)
“Right to rectification of inaccurate data (Art. 16 DSGVO)
“Right to cancellation or a right to “be forgotten” (Art. 17 DSGVO)
“Right to limit the processing of personal data (Art. 18 DSGVO)
“Right to data transferability (Art. 20 DSGVO).

You can object to the processing of personal data for advertising purposes including an analysis of customer data for advertising purposes at any time without stating reasons.

In addition, the data subject is entitled to a general right of objection (cf. Art. 21 para. 1 DSGVO). In this case, the objection against data processing must be justified. If the data processing is based on a consent, your consent can be revoked at any time with effect for the future.

The easiest way to exercise the rights of data subjects is to contact info@smart-city-system.com. In addition, you have the right to lodge a complaint with the data protection supervisory authority responsible for you.

For the processing of personal data by Smart City System.

In the following, we would like to give you an overview of how we ensure the protection of your personal data when accessing our Smart City System app and which types of personal data we process for which purposes and to what extent.

1. Processing of data with access to our App

Technically required data

When you access our apps, information of a technical nature is automatically collected in order to provide the services you request from the apps. This information includes a device ID generated by us, the app ID generated by the app store, and the smartphone platform you are using (Android or Apple). This information is technically necessary in order to offer the service properly and to provide the data you have requested correctly. It is mandatory when using the apps. The device ID is always generated the first time the app is started. The legal basis for data processing is Art. 6 Para. 1 S. 1 Letter f DSGVO.

2. Processing of data when using the apps

If you send us an enquiry by e-mail, we collect the data you provide for processing and answering your request. We store this information for verification purposes for a period of up to two years. Legal basis for data processing Art. 6 para. 1 sentence 1 letter f DSGVO.

3. Notes on ensuring data security

We take technical and operational security precautions on our pages in order to protect the personal data stored with us against access by third parties, loss or misuse and to enable secure data transfer.

We must point out that due to the structure of the (mobile) Internet, unwanted data access by third parties may occur. It is therefore also your responsibility to protect your data against misuse by encryption or other means. Without appropriate protective measures, unencrypted data in particular can be read by third parties, even if this is done by e-mail.

End user agreement

End User Software Agreement for the ParkingPilot App

IMPORTANT: CAREFULLY READ THIS TEXT BEFORE INSTALLING, DOWNLOADING OR USING THE SOFTWARE
This Software Agreement (“Agreement”) is between you (a natural or legal person), the end user, and Smart City System GmbH (“SCS”). The Agreement entitles you to use the Software as set forth in Clause 1 below. The software may have been downloaded by you from websites or servers of SCS or other sources in accordance with the following terms and conditions. This contract regulates the rights of the end user, it does not represent a contract about the sale of the software. SCS also retains title to the copy of the Software and any other copies you may make of the Software under these Terms.
Read this Agreement carefully before installing, downloading, or using the Software. If you click on the “I accept the terms of this Agreement” button during installation, downloading and/or use of the Software, you agree to the terms of this Agreement. If you do not agree with these terms and conditions, you must immediately click on the “Disclaimer” or “I do not accept the terms and conditions” buttons and cancel the installation or download, or destroy or return to SCS the Software and any accompanying documentation.
BY USING THE SOFTWARE YOU DECLARE THAT YOU HAVE READ AND UNDERSTOOD THIS CONTRACT AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS STATED THEREIN.

1. SOFTWARE.

For the purposes of this Agreement, the term “Software” shall be used collectively for the following elements: (a) the Software Product specified above; (b) the entire content of the Software obtained through the SCS Servers in object code form; (c) digital images, collections of photographs, clip art or other works of art (“Library Files”); (d) related written materials and other possible related documentation (“Documentation”); and (e) enhancements, modified versions, updates, additions and copies of the Software (collectively, “Updates”), if any, licensed to you by SCS under this Agreement.

2. END USER RIGHTS AND USAGE.

SCS grants you the non-exclusive, non-transferable end user right to install the Software on the storage media(s) of a mobile device and to use the Software on a mobile device.

3. RESTRICTIONS ON END-USER RIGHTS.

You may not copy, distribute, or edit the Software except as set forth below:
(a) You may exercise the right to use the Software only to the extent and to modify, translate, reproduce or distribute the Software only as expressly provided in this Agreement.
(b) You may not resell, sublicense, rent, lease or loan the Software.
(c) You may not reverse engineer, translate or compile the Software or disassemble or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly invalid under applicable law) or use the Software as a basis for derivative works.
(d) You agree to use the Software only in a manner consistent with applicable law under the jurisdiction in which you use the Software, including applicable copyright and other intellectual property laws.

4. COPYRIGHT.

The Software and all rights thereto, including the corresponding property rights, belong without limitation to SCS and/or its licensors and subsidiaries and are protected by international treaty provisions and all other applicable national laws of the country in which the Software is used. The structure, organization and code of the Software are valuable trade secrets and confidential information of SCS and/or its licensors and affiliates. Except as provided in clause 3 (Limitations on End User Rights), you may not copy the Software. All copies you make authorized under this Agreement must contain the same copyright and other proprietary notices as are contained in the Software.

5. CONTRACT TERM.

This Agreement shall enter into force on the day of the initial installation of the Software. You may terminate this Agreement at any time by permanently deleting and destroying, or returning at your own expense, the Software, all backup copies and all related materials provided by SCS. You will automatically lose your end user rights with immediate effect without notice from SCS if you fail to comply with the terms of this Agreement. In such event, you must immediately delete and destroy or return to SCS, at your own expense, the Software, all backup copies and related materials.

6. You acknowledge that the Software is provided “as is” without warranty of any kind, either express or implied, and that, to the extent permitted by applicable law, neither SCS nor its licensors or affiliates nor the copyright owners make any representations or warranties, express or implied, including (but not limited to) warranties of merchantability or fitness for a particular purpose, or represent that the Software does not infringe any patent, copyright, trademark or other right of any third party. There are no warranties on the part of SCS or any third party that the Software will perform as required by the user or that the operation of the Software will be uninterrupted or error-free. The user alone assumes the responsibility and risk to select the software according to his purposes, its installation and use and the results resulting therefrom.

7. NO FURTHER OBLIGATIONS.

This Agreement does not create any obligations for SCS other than those expressly set forth herein.

8. LIABILITY LIMITATION

To the fullest extent permitted by applicable law, SCS, its employees, licensors or subsidiaries shall in no event be liable for loss of profits, loss of revenue, loss of sales, loss of data or procurement costs for replacement goods or services, damage to property, personal injury, business interruption, loss of business data or any special, direct, indirect, incidental, consequential or punitive damages, This Agreement shall not apply to any damages, including, without limitation, damages for loss of profits, business interruption, or other consequential damages, howsoever caused, whether in an action of contract, tort, negligence, or other tortuous action, or arising out of the use of or inability to use the Software, even if SCS or its licensors or affiliates have been advised of the possibility of such damages.
Nothing in this Agreement shall affect the statutory rights of any consumer. Nothing in this Agreement limits SCS’s liability to you in the event of death or personal injury resulting from SCS’s negligence. SCS acts on behalf of its employees and licensors or affiliates for the purpose of disclaiming, excluding and/or limiting any obligation, warranty and liability as described in this Clause 8, but in no other respect and for no other purpose.

9. TECHNICAL SUPPORT.

SCS is under no obligation to provide you with technical assistance unless this is set forth in a separate written agreement between you and SCS.

10. EXPORT MONITORING.

The Software, including technical data, contains cryptographic software that is subject to export controls under the U.S. Export Administration Regulations (EAR) and may be subject to import and export controls in other countries. The EAR prohibits the use of the Software and Specifications by any government end user, as further defined below, without a U.S. Government license. A government end user is defined in Part 772 of the EAR as “Any foreign central, regional, or local government agency, agency, or other entity performing government functions, including government research institutions, government entities, or their separate business units (as defined in Part 772 of the EAR), engaged in the manufacture or distribution of goods or services subject to the Wassenaar Munitions List and international government organizations. Excludes: utilities (telecommunications and Internet service providers; banks and financial institutions; transportation; broadcasting or entertainment; educational organizations; health care and medical organizations; retail or wholesale enterprises; and manufacturers or commercial entities not engaged in the manufacture and distribution of goods or services subject to the Wassenaar Munitions List. You agree to comply strictly with all applicable import and export regulations and acknowledge that you are obligated to purchase licenses for the export, reimport, transfer or import of the Software. You further agree that you are not a government end user as defined above and that the Software will not be transferred to a government end user without a license.

11.NOTIFICATIONS.

All notifications and returns of software and documentation must be sent to the following address:

Smart City System GmbH
Kohlenhofstr. 60
90443 Nuremberg
Germany

12. APPLICABLE LAW & GENERAL REGULATIONS.

This contract is subject to German law.

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