EULA

END USER LICENSE AGREEMENT (EULA) FOR SOFTWARE & FIRMWARE

Last Updated: 13 August 2026

This End User License Agreement (“Agreement”) is a legal agreement between you (“User”) and Smart Sampler Solutions (“Company”) regarding the use of the Company’s software, firmware, and associated remote communication functions.

By downloading, installing, activating, accessing, or using the Software or Firmware, you agree to be bound by the terms of this Agreement.

Nothing in this Agreement limits any statutory rights that cannot lawfully be excluded or restricted under applicable law.

1. Definitions

For the purposes of this Agreement:

• “Software” means any desktop or mobile application provided by Smart Sampler Solutions, including SmartConfig2, SmartConfig2.1, and successor versions.
• “Firmware” means embedded system software installed on, supplied for, or made available for Smart Sampler Solutions hardware.
• “Device” means hardware products manufactured or supplied by Smart Sampler Solutions, including data loggers, automatic samplers, telemetry modules, sensors, and associated modules.
• “Remote Services” means communication, telemetry, monitoring, configuration, data-transfer, live-data, and remote-control functions provided through cellular networks, the Internet, MQTT services, cloud services, or other communication infrastructure.
• “Configuration Data” means settings, device identifiers, connection profiles, credentials, license information, and other information required for operation of the Software or Devices.

2. License Grant

Smart Sampler Solutions grants the User a non-exclusive, non-transferable, limited license to:

• install and use the Software for configuring, monitoring, maintaining, and managing authorized Smart Sampler Solutions Devices;
• use the Firmware installed on or supplied for authorized Devices;
• use Remote Services made available by Smart Sampler Solutions in connection with authorized Devices.

The Software and Firmware are licensed, not sold. The User receives only the rights expressly granted under this Agreement.

3. Restrictions

Except where expressly permitted by applicable law, the User shall not:

• modify, decompile, disassemble, reverse-engineer, or otherwise attempt to derive the source code of the Software or Firmware;
• copy, distribute, sell, rent, lease, sublicense, or commercially redistribute the Software or Firmware without prior written authorization from Smart Sampler Solutions;
• use the Software or Firmware with unauthorized or incompatible hardware where such use is not expressly supported by Smart Sampler Solutions;
• circumvent or interfere with licensing, authentication, security, communication, firmware-update, or access-control mechanisms;
• remove, obscure, or alter copyright, trademark, licensing, or other proprietary notices;
• use the Software, Firmware, or Remote Services in a manner that is unlawful or that may damage, disrupt, overload, or compromise Devices, communication infrastructure, or third-party services.

Restrictions on reverse engineering apply only to the extent permitted by applicable law. Statutory rights relating to interoperability, security research, or other legally protected activities remain unaffected.

A material breach of this Agreement may result in suspension or termination of the rights granted under this Agreement.

4. Firmware-Specific Terms

• Firmware is supplied only for use on authorized Devices.
• Firmware updates may contain functional, compatibility, reliability, or security changes.
• Certain Firmware updates may be necessary to maintain compatibility, cybersecurity, communication services, or continued Device operation.
• The User must not intentionally interfere with or bypass Firmware update mechanisms provided by Smart Sampler Solutions, except where permitted by applicable law.
• Installing unsupported, modified, or unauthorized Firmware may impair Device operation and may affect warranty or support rights to the extent permitted by applicable law.
• The User is responsible for following provided instructions and ensuring that power supply, connected equipment, and operating conditions are suitable before initiating a Firmware update.

5. Software-Specific Terms

• The Software may require activation using a valid license key or other authorization method provided by Smart Sampler Solutions.
• The Software may locally store Configuration Data required for normal operation, including license information, application preferences, Device identifiers, connection profiles, and communication credentials.
• The Software may communicate with Devices and Remote Services using USB, serial communication, cellular connections, MQTT, HTTP, or other supported protocols.
• The Software may receive, display, process, or transmit Device-generated telemetry, diagnostic information, configuration responses, and measurement data where required for the functions selected by the User.
• The Company may provide updates or new versions of the Software. Certain updates may be necessary to maintain compatibility, security, or continued access to specific functions or Remote Services.

Where personal data is processed, such processing is subject to applicable data-protection law and the Company’s Privacy Policy.

6. Remote Connectivity, Telemetry, and Live Data

The Software may provide remote communication, telemetry, live-data, monitoring, configuration, and control functions.

The User acknowledges that Remote Services may depend on factors outside the control of Smart Sampler Solutions, including:

• Internet connectivity;
• cellular network coverage and signal quality;
• third-party network or cloud infrastructure;
• MQTT or other communication services;
• firewall or network configuration;
• Device power and operating status;
• valid credentials and account configuration;
• maintenance, outages, congestion, or service interruptions.

Smart Sampler Solutions does not guarantee uninterrupted, continuous, instantaneous, or real-time availability of Remote Services.

Telemetry and live data may be delayed, temporarily unavailable, incomplete, duplicated, or represent the most recently available Device information rather than the current physical state of the Device.

Remote telemetry and live-data functions are intended for configuration, scientific monitoring, diagnostics, and operational convenience. They are not designed, certified, or intended to function as emergency, life-safety, process-safety, or other safety-critical monitoring or alarm systems.

7. Remote Commands and Device Control

Remote functionality may allow the User to modify Device settings or initiate Device operations.

The User is responsible for:

• ensuring that the Device and connected equipment are in a safe and appropriate condition before issuing remote commands;
• verifying Device configuration where appropriate after applying changes;
• ensuring that remote actions do not create unsafe operating conditions;
• maintaining appropriate control over credentials and access to Remote Services;
• preventing unauthorized persons from accessing Devices or Remote Services using the User’s credentials.

A successful transmission or acknowledgment of a remote command does not necessarily constitute confirmation that the requested physical action has been completed. Where operationally relevant, the User should verify the resulting Device state.

8. Configuration Data, Credentials, and Security

The Software may store Configuration Data locally on the User’s computer or other device.

Such information may include:

• Software license information;
• Device identifiers;
• MQTT or other communication credentials;
• server addresses;
• connection profiles;
• application settings;
• user preferences.

The User is responsible for maintaining appropriate security of the computer or device on which such information is stored.

The User must not knowingly provide Remote Service credentials to unauthorized persons.

Smart Sampler Solutions may change authentication, communication, or security requirements where reasonably necessary to protect Devices, Remote Services, Users, or third-party infrastructure.

9. Ownership and Intellectual Property

Smart Sampler Solutions retains all rights, title, and interest in and to the Software and Firmware, including all associated intellectual-property rights, except for third-party components that remain subject to their respective licenses.

This Agreement does not transfer ownership of the Software or Firmware to the User.

Third-party software components included with or used by the Software may be subject to separate license terms.

10. Updates and Support

Smart Sampler Solutions may provide Software or Firmware updates, patches, compatibility changes, or security updates.

Certain updates may require:

• an active Internet connection;
• manual installation;
• temporary Device downtime;
• updated operating-system components or software dependencies;
• updated communication infrastructure.

The Company may discontinue support for obsolete Software, Firmware, hardware revisions, communication methods, or third-party services where continued support is no longer reasonably practicable.

Nothing in this Agreement limits statutory obligations relating to updates, conformity, cybersecurity, warranty, or consumer rights that cannot lawfully be excluded or restricted. Applicable EU rules may require updates, including security updates, for goods with digital elements for an applicable period.

Technical support is provided only where expressly agreed, offered by the Company, or required by applicable law.

11. User Responsibilities

The User is responsible for:

• operating Devices in accordance with applicable documentation and safety instructions;
• maintaining backups of important measurement and configuration data where appropriate;
• verifying critical configuration changes before deployment;
• keeping Software, Firmware, operating systems, and security controls reasonably maintained;
• safeguarding passwords, tokens, license information, and other credentials;
• complying with laws, regulations, permits, and site-specific requirements applicable to the User’s operation of the Devices.

The Software does not replace professional judgment, site-specific risk assessment, or required safety procedures.

12. Warranty Disclaimer

To the maximum extent permitted by applicable law, and except for warranties expressly agreed in writing or required by law, the Software, Firmware, and Remote Services are provided without additional warranties.

Smart Sampler Solutions does not warrant that:

• the Software or Firmware will be completely error-free;
• operation will be uninterrupted;
• Remote Services will always be available;
• communication networks or third-party services will operate without interruption;
• the Software or Firmware will be compatible with every computer, operating system, network, third-party service, sensor, or external system;
• telemetry or remotely retrieved data will always be transmitted or displayed without delay.

Nothing in this Agreement excludes statutory warranty or conformity rights that cannot legally be excluded.

13. Safety-Critical and High-Risk Uses

The Software, Firmware, Remote Services, and Devices are not designed, certified, or intended for use as the sole control or monitoring system in:

• medical or life-support equipment;
• emergency systems;
• safety-related industrial control systems;
• nuclear facilities;
• aviation safety systems;
• applications where failure or delayed communication could reasonably be expected to result directly in death, serious personal injury, or severe environmental or property damage.

Where Devices are used in processes involving operational risks, the User must provide appropriate independent safeguards and monitoring systems.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Smart Sampler Solutions shall not be liable for indirect, incidental, special, or consequential losses arising from use of the Software, Firmware, Remote Services, or Devices, including where applicable:

• loss of data;
• loss of measurements;
• loss of revenue or business;
• interruption of operations;
• communication failure;
• delayed or unavailable telemetry;
• unauthorized use resulting from compromised User credentials;
• damage resulting from unsupported modifications, misuse, or operation contrary to instructions.

Where liability may lawfully be limited, the total aggregate liability of Smart Sampler Solutions arising from the Software or Firmware shall not exceed the amount paid for the relevant Software or Device giving rise to the claim.

These limitations do not apply where liability cannot legally be excluded or limited, including where applicable in cases of intent, gross negligence, injury to life, body, or health, mandatory product liability, or other mandatory statutory liability.

15. Data Integrity and Availability

The User should not rely on the Software or Remote Services as the sole storage location for important scientific, operational, or regulatory data.

Where data is important, the User is responsible for implementing appropriate backup, export, verification, and retention procedures.

Smart Sampler Solutions is not responsible for data loss caused by factors outside its reasonable control, including hardware failure, communication interruption, third-party service failure, local computer failure, unauthorized modification, or improper operation.

16. Third-Party Services

Certain Software or Remote Service functions may rely on third-party networks, software libraries, cloud infrastructure, cellular providers, MQTT services, operating-system components, or other external services.

The availability, functionality, pricing, security requirements, and terms of those third-party services may change independently of Smart Sampler Solutions.

Smart Sampler Solutions is not responsible for third-party service outages or changes outside its reasonable control, subject to mandatory applicable law.

17. Termination

Smart Sampler Solutions may terminate or suspend the license granted under this Agreement where the User materially breaches this Agreement and, where required by law, fails to remedy the breach within an appropriate period after notification.

Upon termination, the User must cease use of the affected Software and any associated applications or Remote Services.

Firmware already embedded in a Device remains subject to the applicable provisions of this Agreement for as long as it remains installed or in use.

Termination does not affect rights or obligations that by their nature are intended to survive termination.

18. Export Control and Sanctions

The User agrees to comply with applicable export-control, sanctions, and trade laws governing the use, transfer, export, re-export, or provision of the Software, Firmware, Remote Services, and Devices.

The User must not knowingly use, export, transfer, or provide the Software, Firmware, or Devices in violation of applicable export-control or sanctions requirements.

19. Changes to the Agreement

Smart Sampler Solutions may update this Agreement for future versions of the Software or Firmware where reasonably necessary due to:

• new functionality;
• changes to Remote Services;
• legal or regulatory requirements;
• cybersecurity requirements;
• changes to third-party services.

Where required by applicable law, material changes will be communicated appropriately and will not retroactively remove statutory rights.

20. Governing Law and Jurisdiction

This Agreement is governed by the laws of the Federal Republic of Germany, excluding conflict-of-law rules to the extent permitted by applicable law.

For Users acting in the course of business, the competent courts in Germany shall have jurisdiction where legally permissible.

For consumers, nothing in this Agreement limits mandatory rights relating to applicable law or jurisdiction, including rights available under the laws of the country in which the consumer habitually resides where such protections apply.

21. Severability

If any provision of this Agreement is found to be invalid, unenforceable, or unlawful, the remaining provisions shall remain in effect to the maximum extent permitted by law.

The invalid provision shall be interpreted or replaced, where legally permissible, in a manner that most closely reflects its intended purpose.

22. Entire Agreement

This Agreement constitutes the agreement governing the User’s license to use the Software and Firmware, except where additional or different terms have been expressly agreed in writing.

Separate purchase agreements, service agreements, warranty terms, quotations, or other contractual documents may provide additional rights or obligations.

In the event of a conflict, mandatory applicable law and expressly agreed individual contractual terms shall take precedence as required by law.

23. Contact Information

For questions regarding this Agreement, please contact:

Smart Sampler Solutions
Email: info@smartsamplersolutions.com