Desktop Terms

These Patalyze Desktop Terms (“Desktop Terms”) are an agreement between Organization and Patalyze GmbH governing Organization’s download, installation and use of the Patalyze desktop application (the “Desktop App”). Capitalized terms used but not defined in these Desktop Terms will have the meanings set forth in the agreement between Organization and Patalyze that governs Organization’s use of the applicable Services (the “Agreement”).

1. Scope#

These Desktop Terms supplement the Terms and Conditions and form part of the Agreement. The Desktop App is one of the ways in which the Services are made accessible, as described in Section 1 of the Service Specification, and use of the Desktop App is use of the Services. In the event of a conflict, Section 14.6 of the Terms and Conditions applies. These Desktop Terms apply equally to any other Patalyze client software that Patalyze makes available for installation on a device and designates as subject to them.

2. License grant#

Subject to the Agreement, Patalyze grants Organization a non-exclusive, non-transferable, non-sublicensable, revocable right to download, install and run the Desktop App in object code form on devices owned or controlled by Organization or its Users, solely to access the Services for Organization’s internal intended purpose, for the term of the Agreement and subject and limited to the authorized number of Users. The license is granted per User. A User may install the Desktop App on more than one device. Organization may make copies of the Desktop App only as necessary for installation and backup purposes. This right supplements, and does not expand, the right to use the Services granted in Section 7.1 of the Terms and Conditions.

3. Restrictions#

The obligations and restrictions in Section 8 of the Terms and Conditions apply to the Desktop App. In addition, Organization will not, and will not permit Users or any third party to:

• (a) Distribute, sublicense, sell, rent, lease, lend, or otherwise make the Desktop App available to any third party, or host or operate it for the benefit of any third party.
• (b) Modify, adapt, translate or create derivative works of the Desktop App, or merge it into other software.
• (c) Remove, obscure or alter any copyright, trademark, license or other proprietary notice contained in or displayed by the Desktop App, or any third-party notices provided with it.
• (d) Disable, circumvent or interfere with the update mechanism described in Section 5, or with the verification of update signatures.
• (e) Disable, circumvent or interfere with any authentication, entitlement or usage-metering mechanism of the Desktop App.

Each restriction in this Section 3, and the restriction in Section 8.1.1(c) of the Terms and Conditions, applies only to the extent that it is not contrary to applicable law. Nothing in these Desktop Terms restricts rights that Organization has under mandatory statutory provisions, including Sections 69d and 69e of the German Copyright Act (“Urheberrechtsgesetz”) regarding error correction, backup copies, observation and decompilation for interoperability purposes.

4. Ownership#

The Desktop App is licensed, not sold. Patalyze and its licensors retain all right, title and interest in and to the Desktop App, as set out in Section 8.1.1 of the Terms and Conditions. Organization is granted only the rights expressly stated in these Desktop Terms. No rights are granted by implication.

5. Updates and automatic updating#

The Desktop App checks for updates and downloads and installs them automatically. Organization consents to this on behalf of itself and its Users. Updates are cryptographically signed by Patalyze and are verified by the Desktop App before installation. The update check transmits only the operating system and processor architecture of the device to Patalyze’s release server. Patalyze may require Organization to run a minimum version of the Desktop App in order to continue accessing the Services, and versions other than the most recent one may cease to interoperate with the Services. Updates form part of the Desktop App and are subject to these Desktop Terms.

6. Security updates and support period#

Patalyze provides security updates for the Desktop App for the term of the Agreement, in each case for the most recent version made available. Organization is responsible for keeping the Desktop App updated and for permitting the update mechanism described in Section 5 to operate. Where Organization prevents updates from being installed, Patalyze is not responsible for defects or vulnerabilities that a provided update would have remedied.

7. Third-party components#

The Desktop App includes open-source and other third-party components that are licensed under their own terms. Where the license terms of a third-party component conflict with these Desktop Terms, the license terms of that component govern for that component.

7.1 Optional third-party tools#

“Third-Party Application” has the meaning given in Section 8.1.6 of the Terms and Conditions and includes command-line tools that the Desktop App can download and install at Organization’s request. Patalyze offers this download and installation as a convenience only. Third-Party Applications are licensed to Organization by their respective vendors under those vendors’ own terms, not by Patalyze, and Section 8.1.6 of the Terms and Conditions applies to their use.

7.2 Responsibility for Third-Party Applications#

Organization is responsible for obtaining and maintaining rights, licenses or subscriptions sufficient for the use it and its Users make of each Third-Party Application, including rights adequate for business use by a User acting for Organization. A subscription held by a User in a personal capacity may not permit such use. Patalyze does not verify Organization’s or any User’s entitlement before downloading or installing a Third-Party Application, gives no warranty for Third-Party Applications, and is not responsible for their availability, content, security or performance. Third-Party Applications that the Desktop App installs, such as command-line agent tools, run on the device with the permissions of the User and may, as configured by the User, read and write files and execute commands on the device. Organization is responsible for configuring and supervising them.

8. Local storage mode#

Section 2.7 of the Service Specification applies where Organization or a User keeps a Database on the device. In the Desktop App, locally stored Organization Content is kept in a database file on the device, document processing runs on the device, and web pages are read with a browser installed on the device. Organization can export locally stored Organization Content from within the Desktop App at any time while the Agreement is in force, and is responsible for the security of the device, including access control, device encryption and backup. Patalyze cannot access, restore or recover locally stored Organization Content, including after loss, damage or theft of the device. Patalyze does not receive, store or otherwise process locally stored Organization Content, and the data processing agreement therefore does not extend to it, except for content transmitted through Patalyze as described in Section 2.7 of the Service Specification, which Patalyze processes on Organization’s behalf under the data processing agreement.

9. Model providers configured by Organization#

Where Organization or a User configures the Desktop App to use a model provider with credentials or a subscription that Organization supplies, Section 3.1 of the Service Specification (own model providers) applies. On the Desktop App, the requests and the Organization Content contained in them are transmitted from the User’s device directly to that provider.

10. Device and environment requirements#

The Desktop App requires a supported operating system version. On Windows it requires the Microsoft Edge WebView2 Runtime, which the installer obtains from Microsoft if it is not already present, and on Linux it requires the GTK 3 and WebKitGTK libraries provided by the operating system. Current requirements are stated where the Desktop App is made available for download. Patalyze is not responsible for defects arising from unsupported operating systems, unsupported hardware, or modifications to the device environment made by Organization or a third party.

11. Export control and sanctions#

The Desktop App contains cryptographic functionality and may be subject to export control and sanctions laws, including Regulation (EU) 2021/821. Organization will comply with those laws and will not download, install, use or otherwise make the Desktop App available in breach of them, including in favor of any person or entity subject to applicable sanctions or in any territory subject to comprehensive restrictive measures.

12. Warranty and liability#

Sections 11 and 12 of the Terms and Conditions apply to the Desktop App and are not modified by these Desktop Terms. For the avoidance of doubt, the cure mechanism in Section 11.1.1 of the Terms and Conditions applies to the Desktop App, and the provision of an upgrade, update or patch that remedies a defect is deemed sufficient cure.

13. Term and termination#

The license granted in Section 2 ends automatically when the Agreement ends, and may be terminated by Patalyze in the cases set out in Sections 10.4 and 10.5 of the Terms and Conditions. On termination, Organization will cease using the Desktop App and will uninstall it from all devices. Organization Content stored locally remains with Organization, and Organization is responsible for exporting it before termination takes effect. Patalyze may discontinue the Desktop App or any of its functions in accordance with the change process in Section 3.2 of the Terms and Conditions. Discontinuation of the Desktop App does not affect access to the Services by the other means described in Section 1 of the Service Specification.

14. Changes to these Desktop Terms#

Patalyze may modify these Desktop Terms by posting a revised version or by emailing the account email, effective as stated, subject to the amendment process and objection rights in Section 13 of the Terms and Conditions.