User's Guide

48
Mondo Alto User Guide
Important Legal Information
(vi) The license of the End User to use the Cloud Server terminates with the abandonment of the ownership in the
Licensed Product.
Data Processing for activation and auditing purpose
(vii) End User acknowledges that SUE is entitled to audit the proper use of the Licensed Software by the End User,
in order to detect any illegal or otherwise irregular use of the Licensed Software (e.g. transfer of a copy of the
Licensed Software to a non-licensed device), with appropriate means.
(viii) The Licensed Product may communicate with the Cloud Server during any operation, which generates certain
data that are used to authenticate and to audit the legitimate use of the Licensed Software by SUE. This data
processing is a feature, which does not infringe the interests of the End User in secrecy deserving protection,
because SUE can invoke on its legitimate prevailing interests as owner of the intellectual property rights in the
Licensed Software to audit the proper use.
(ix) Hence, End User acknowledges that the usage of the Licensed Software is monitored by SUE in a way that any
operation by using the Licensed Product is logged by SUE by means of processing the product MAC addresses,
the IP Address of the End User, the brand name, model name and rmware version of the Licensed Product,
the Token (if applicable) and a timestamp regarding the transactions upon each access to the Cloud Server. By
analyzing these data SUE can detect any misuse of the Licensed Software. The End User further acknowledges
that SUE may store and process any data from such monitoring activities, analyze this data in the case of a
strong suspicion of unlawful misuse of Licensed Software and also transmit the data in a non-personal related
format to the respective developers of any supported features, provided that the suspicion of infringement by
the End User is substantiated.
I) Revocation of the right to use the Licensed Software
(x) The End User acknowledges that the right to use the Licensed Software can be revoked by SUE, if the analysis
of the monitored data indicates a strong suspicion of unlawful misuse of the Licensed Software, and that he
receives an automated notication with the instruction to contact Grace Digital customer support. If the End
User turns out to be the legitimate one, the customer support can enable again the Licensed Product for the
End User.
(xi) The End User accepts that SUE is third party beneciary of the EULA due to its intellectual property rights in
the Licensed Software with regard to the use of the Licensed Software and can, therefore, defend the rights in
the Licensed Software as well as enforce any rights and claims from a misuse of the Licensed Software or an
infringement of the EULA directly against the End User.
Grace Radio Station List
End User acknowledges that when using the Grace radio station list that the Grace servers identies the user’s radio
by means of processing the product MAC addresses, and a timestamp regarding the transactions I order to provide
the radio the list of stations list. The End User acknowledges that Grace Digital may store and process any data from
such communications activities in order to provide service to the user’s radios.
The Grace Radio stations list is maintained by Grace and some independent partners. We do not warrant or
guarantee the access to a specic radio station for the life of the product as Grace Digital cannot control the radio
station’s desire to be in the database or for a station’s ability to continue operations.
Other Third Party Service Providers
End User acknowledges that when using other 3rd party service providers on the Grace radios that those individual
service providers may track the radio’s interaction with their 3rd party service. The End User acknowledges that
Grace Digital does not manage, control or track usage of the radios when the end user is using 3rd party service
providers. Additionally, while Grace Digital will do their best to ensure that each service is available on the Grace
radio for the life of the product, Grace Digital cannot control nor is it connected to any service provider. Grace Digital
cannot guarantee that service providers will continue to operate, or continue to make their service available on this
device under the current terms offered by the various 3rd party service providers.