End User License Agreement for Semanux Access Pro
This End User License Agreement is the license agreement under which you may use Semanux Access after purchase or subscription.
This End User License Agreement is not …
- The Semanux Access Privacy Policy, which informs about the processing of personal data when using Semanux Access.
- The Semanux Privacy Policy, which informs about the processing of personal data when using our website semanux.com.
- The Semanux Terms of Service, which outline the legal contract between you and Semanux if you purchase or subscribe to our products or services through semanux.com.
Please note that this End User License Agreement does not apply to “Semanux Access Flex” & “Semanux Access Free”. Instead, the End User License Agreement for Semanux Access Flex & Free applies.
The following English translation is provided for convenience only. Legally, only the German original is binding.
This end user license agreement (hereinafter “EULA”) is a license agreement between you as the end user and Semanux GmbH, Abraham-Wolf-Str. 56, 70597 Stuttgart, Germany (hereinafter “Semanux”) for the use of the product “Semanux Access Pro”, a software for the innovative, multimodal operation of a computer with the head and other input options as described in Appendix 1 (“Description of Services”), which was developed by Semanux (hereinafter “Software”).
Please note that you have acquired the right to use the Software as part of an overall system from the seller of the overall system directly or through a health insurance company. The right to use the Software granted to you in this context must correspond to the right of use granted in this EULA: Your vendor is your sole contact for all warranty-related issues. The EULA hereunder serves only to establish a direct contractual relationship between you and Semanux with respect to the use of the Software.
(1) The EULA governs the terms and conditions under which you may use the Software. By accepting the EULA or using the Software, you agree to be bound by the terms of the EULA.
(2) This EULA does not establish a service relationship between Semanux and you in return for payment. The payment of a license fee is solely the subject of the contractual relationship between you and the respective distributor from whom you receive the Software as part of a hardware-software combination on a specific end device.
(1) Upon conclusion of the EULA, you receive the non-exclusive, non-transferable and non-sublicensable right, unlimited in time and limited in location to the territory of the European Economic Area, the Swiss Confederation, the Republic of Türkiye and the United Kingdom, to execute the Software installed on a computer in machine-readable format in accordance with the EULA (“License”).
(2) The grant of rights made with the License includes the right to obtain updates of the Software provided by Semanux for a period of five years from the date of activation of the License. The use of updates is voluntary. Insofar as new software functions are introduced with an update, this does not constitute a claim by you that these will also be maintained with future updates.
(1) The Software may only be used under the license pursuant to § 2 of the EULA if and to the extent that the system requirements pursuant to Appendix 2 (“System Requirements”) are met.
(2) Semanux shall not be liable for any damage resulting from failure to comply with the applicable system requirements.
(1) The provision of the software is effected by a distributor authorized by Semanux installing it on a computer and making it available to you as part of a software hardware solution. Semanux itself owes you neither provision nor installation or integration of the Software on a computer.
(2) In order for you to run the Software on the computer in accordance with the EULA, the license must first be activated with an activation code. The activation code required to activate the license has been provided to you by a distributor authorized by Semanux. A one-time Internet connection is required to activate the license for use of the Software. Any circumvention of the requirement to activate a license by means of an activation code and any unauthorized use of the software not authorized by Semanux and in violation of this EULA is prohibited.
(3) A license is activated for a specific computer and individually for you as the end user, whereby the activated license is uniquely linked to the specific computer via a so-called “fingerprint” of the computer hardware and is permanently assigned to it. Activation of a license on multiple computers as well as use of a license on one computer by multiple end users and any circumvention of the aforementioned technical linkage is prohibited. A transfer of an activated license from one computer to another may only be arranged by Semanux at the customer's request and at its reasonable discretion. This requires deactivation of the previous computer and activation of another computer with a newly provided activation code.
(1) Subject to the content of any license granted and except as expressly provided in this EULA or otherwise agreed, you do not acquire any rights to the Software or Documentation. All Software and Documentation provided by Semanux, all copies, compilations, derivative products, programmatic enhancements, patches, revisions and updates to or relating to the Software, and all patent, utility model, trademark, design and copyright, trade secret, trade name and any other invention, design and information protected by law contained in any of the foregoing are and shall remain the property or ownership of Semanux.
(2) You are prohibited from asserting the rights set forth in § 5 (1) or claims for the granting of any of the aforementioned rights to the software or documentation and, in particular, from registering property rights to the software or claiming such rights against Semanux or third parties.
(3) With the exception of Sections 69d, 69e of the German Copyright Act (UrhG), the Customer is prohibited from attempting to reconstruct, decompile or decrypt any source code or the underlying ideas or algorithms of any software or to permit a third party to do so. Except as otherwise provided in this EULA and its appendices or as otherwise expressly agreed between the parties, you may not modify the Software, make it available for use by third parties, whether for a fee or free of charge, sublet it, or otherwise transfer any rights of use to third parties. Your right to execute the software installed on a specific computer in accordance with this EULA remains unaffected.
(4) You are obligated to notify Semanux immediately of any violations of these provisions known to you or of which you become aware in the future or of any other violations of Semanux's rights to the software.
(1) The fee for the provision of the Software and the granting of a right of use in accordance with § 2 shall be measured in accordance with the provisions of the agreement concluded between you and the distributor authorized by Semanux who provides the Software to you as part of a hardware-software solution.
(2) Semanux shall not charge you a separate fee for granting the license under this EULA.
Semanux does not warrant to you that the Software has a certain quality or a certain functional scope and is free of defects. Any warranty rights due to defects in the Software shall be governed solely by the contractual relationship between you and the respective distributor from whom you obtained the Software as part of a hardware-software solution.
(1) Semanux shall be liable without limitation in the event of (i) intent and gross negligence, (ii) for injury to life, limb and health, (iii) in accordance with the provisions of the Product Liability Act, from Article 82 of Regulation 2016/679/EU (GDPR) or other mandatory statutory liability provisions in accordance with the standards therein, and (iv) to the extent of any warranty assumed.
(2) Semanux shall furthermore be liable for culpable breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (“cardinal obligation”), but in the event of simple (minor) negligence limited to the damage reasonably to be expected and foreseeable at the time of conclusion of the contract.
(3) Semanux shall have no further liability.
(4) The above limitation of liability shall also apply to the personal liability of Semanux employees, representatives and members of Semanux's executive bodies.
You shall take appropriate measures to secure the Software against access by unauthorized third parties. In particular, all copies of the Software shall be kept in a protected location.
Semanux is obligated to comply with the applicable data protection regulations. Information on data protection and the processing of personal data by Semanux can be found in the data protection declaration for the Software.
(1) The appendices to the EULA constitute an essential part thereof.
(2) Neither party may transfer or assign this EULA in whole or any rights or obligations hereunder without the prior written consent of the other party. Any such transfer or assignment shall be void. Notwithstanding the foregoing, (i) a party may assign this EULA to a third party that assumes all or substantially all of its related business activities as a result of a merger, sale of shares or assets, or similar transaction, and (ii) Semanux may use third parties to perform its obligations under this EULA, provided that Semanux shall remain liable for breaches of its obligations.
(3) This EULA shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws provisions. The place of performance and jurisdiction shall be Stuttgart.
(4) If any provision of this EULA is invalid, void or unenforceable under any present or future law, the remainder of this EULA shall continue in full force and effect. To the extent that the invalid, void or unenforceable provision is a material term of the Agreement, the parties agree to jointly negotiate a valid alternative provision.
Our innovative Semanux Access software allows users to control their computer with their head and other input capabilities.
- Head direction recognition via webcam.
- Facial expression recognition via webcam.
- Desktop overlau with dwell-time buttons on a monitor.
- Emulation of left, double and right mouse clicks.
- Emulation of mouse movements.
- Virtual keyboard for text input.
- Emulation of special keys like media control via virtual keyboard.
- Connection and configuration of a selection of external input devices from third-party manufacturers.
- A computer running activated Microsoft Windows 10 version 21H1 in the editions: Home, Pro, Pro for Workstations, Enterprise, Education, Pro Education (not: Home or Pro in S mode or an Enterprise LTSC variant), 64-bit versions only, or
- a computer running activated Microsoft Windows 11 version 21H2 in the editions: Home, Pro, Pro for Workstations, Enterprise, Education, Pro Education, 64-bit versions only, or
- a computer running macOS 13.
- Processor with x86-64 architecture or arm64 architecture (macOS only); at least 2 cores with at least 2.0 GHz each.
- Graphics card and graphics card driver with support for at least DirectX 12, OpenGL 3.3, Vulkan 1.1 or Metal (macOS only).
- 4 GB RAM.
- 2 GB free hard disk space.
- Monitor with a resolution of 1280 x 768 pixels or higher.
- Administrator privileges.
- One-time Internet connection for software activation.
- Internet connection to use the interactive online help area.
- Webcam with at least 0.9 megapixel resolution and 30fps; not covered.
- Microphone; not covered.
- Agreement to the End User License Agreement required.