End User License Agreement (English Translation)

LEGAL DISCLAIMER: This English translation is provided solely for informational purposes and ease of understanding. It has no legal validity or binding effect. Only the German version of this End User License Agreement ("Endbenutzer-Lizenzvereinbarung") constitutes the legally binding agreement between the parties. In case of any discrepancies, contradictions, or ambiguities between this English translation and the German original, the German version shall prevail exclusively.

Cumin & Potato GmbH – End User License Agreement for the Software of the PXL Clock System

Notice regarding relationship to Terms and Conditions: This End User License Agreement ("EULA") supplements our General Terms and Conditions (https://docs.pxlclock.com/de/agb) in the same version. It regulates the scope, granting, and limitations of usage rights to the PXL Clock software as well as related intellectual property rights. For all other contractual aspects (including prices, payment modalities, general liability and warranty regulations, terms, termination, jurisdiction), the Terms and Conditions apply, supplemented by the Privacy Policy in the same version (https://docs.pxlclock.com/de/dse). In case of contradictions between this EULA and the Terms and Conditions, the more specific provisions of this EULA regarding license scope and usage restrictions take precedence; otherwise, the Terms and Conditions prevail. Mandatory legal provisions remain unaffected.

Language version: Only the German version is binding; translations serve orientation purposes only.

§ 1 Terms and Subject Matter

(1) Hardware: The physical electronic product PXL Clock (device with display unit, electronics and memory).

(2) Operating System: The Linux/DietPi system used on the hardware (kernel, system libraries, basic tools), predominantly open source.

(3) PXL Daemon: Proprietary control software by Cumin & Potato GmbH for device function (display, internal logic, communication).

(4) PXL App: Optional mobile/desktop app for configuration, content management and – if activated – cloud control.

(5) Backend: Optional cloud infrastructure (server services, APIs) for online functions, synchronization, accounts and beta functions.

(6) Software: Complete package of PXL Daemon, pre-installed animations, PXL App, optional backend access as well as additional tools/functions (including beta functions) – excluding separate open source components of the operating system.

(7) Open Source Components: Parts of the software or operating system that are under free licenses (e.g., GPL, MIT, BSD, Apache); complete list see § 8.

(8) User-Generated Content / UGC: Content created or uploaded by you (e.g., animations, pixel art), provided not already restricted by third-party rights.

(9) Beta Functions: Development or programming functions marked as experimental.

(10) The subject matter of the contract is the provision of the software for use on/with the hardware according to this EULA.

§ 2 Ownership and Rights

(1) You acquire ownership only of the hardware; the software remains the intellectual property of Cumin & Potato GmbH or the respective rights holders of the open source components.

(2) All copyright, trademark and other proprietary rights to the proprietary software belong to Cumin & Potato GmbH (unless expressly stated otherwise).

(3) Open source components are subject exclusively to their respective licenses; insofar as their conditions grant you more extensive rights, these take precedence.

(4) Upon resale of the hardware, your simple usage right (see § 3) automatically transfers to the purchaser; your own copies/devices may no longer be used thereafter.

§ 3 License Grant (Usage Rights)

(1) You receive a simple (non-exclusive), hardware-bound, geographically unrestricted right to use the software privately and non-commercially.

(2) Use only in conjunction with the intended hardware and – where chosen – with app/backend.

(3) Permitted activities include: executing, loading into working memory, creating your own animations/UGC as well as – insofar as covered by OSS licenses – use/modification of the corresponding open source components.

(4) Not permitted (unless legally allowed, e.g., § 69e German Copyright Act for interoperability): reproduction beyond backup copy, public accessibility, rental, commercial use, modification or reverse engineering of proprietary parts.

§ 4 Usage Restrictions

(1) Prohibited in particular: circumventing technical protection measures, decompiling, disassembling, other reverse engineering (except legal exceptions), removing notices of rights, use for unlawful purposes or to disrupt backend services.
(2) Open source licenses remain unaffected by this; their mandatory rights continue to apply.

§ 5 Automatic Updates and Remote Maintenance

(1) Scope / Consent: By accepting this EULA, you expressly consent to security-relevant, functional and qualitative updates (whether patches, bugfixes, minor or maintenance releases) for PXL Daemon, PXL App and (insofar as technically required) components of the operating system being automatically downloaded, verified and installed without further separate inquiry. This includes mandatory security/stability updates as well as measures to comply with legal requirements.

(2) Types of Updates: (a) Security updates fix security vulnerabilities; (b) Functional updates extend or improve existing functions; (c) Maintenance updates serve error correction, performance, compatibility; (d) Firmware/kernel updates are only performed when required for security, stability or compatibility. Major upgrades with substantial functional changes disadvantageous to the average consumer will be announced separately; in this case, you can discontinue use before installation if you do not accept the change.

(3) Information Provision: Release notes / change overviews are provided in the PXL App or on the product website. Your consent includes the provision of this information after automatic installation, insofar as prior display would not be technically reasonable (e.g., security-critical hotfixes).

(4) Timing & Process: Updates can occur in the background with an existing internet connection. The PXL Daemon checks for new versions at regular intervals (currently typically once daily). Installations take place, where possible, during low-activity times (e.g., at night). A short-term restart of individual services or the hardware may be required.

(5) Data Transmission: For update checking, minimally required technical metadata is transmitted (e.g., device/model ID, installed version numbers, technical error codes, anonymous statistical indicators). No user-created content or personal configuration data is transmitted, except insofar as this is required for error diagnosis of failed updates and triggered by a separate support request. Details see privacy notices.

(6) Configurability & Deactivation: Complete deactivation of automatic security updates is not provided for security and compliance reasons. You can apply individual comfort/feature updates with delay within the PXL App (if offered). Circumventing or blocking the update mechanism (e.g., through firewalling, manipulation of package sources) can lead to loss of support, compatibility and security guarantees.

(7) Change / Withdrawal: Should updates eliminate or substantially change individual functions, this only occurs for compelling reasons (e.g., security risk, legal change, economic unreasonableness). We strive to provide functional equivalence or reasonable alternatives. Your statutory warranty rights remain unaffected.

(8) Beta and Pre-release Versions: If you expressly activate beta functions, you agree to increased error susceptibility, possible data use for diagnostic purposes (aggregate/anonymized) and faster update cycles. Beta functions can be discontinued or changed at any time without prior notice.

(9) Remote Maintenance: For troubleshooting – only after your active support request or express consent in individual cases – temporary secured remote access (e.g., tunnel / support key) can be enabled. Automatic updates occur without individual remote access.

(10) Legal Basis / Consumer Protection: Automatic updating serves to fulfill our legal obligation to provide security and functional updates (including EU Directives 2019/770 and 2019/771, implemented in German law). Your consent extends to the technical installation process. Your mandatory consumer rights (warranty, defect rights, data protection) remain unaffected.

(11) Consequences of Refusal: If you fundamentally do not want automatic installation, you may not put the product into operation or must discontinue use and return the device according to return regulations (if applicable). Continued use after accepting this EULA confirms your consent to automatic update installation.

§ 6 Beta Functions

(1) Beta functions are clearly marked as experimental and may contain errors or deviations.

(2) No assurances exist for beta functions (no warranty for availability/function); liability only for intent or gross negligence; this does not affect statutory rights regarding the core product.

(3) Beta functions can be changed or removed at any time without prior notice; stored beta data may be lost.

§ 7 User-Generated Content (UGC) and License through Use of API and/or Simulator

(1) When you execute or upload UGC using our API or simulator and do not activate the option "Test locally only (no publication)" ("Publishing"), you grant us for this UGC a temporally and geographically unlimited, essentially irrevocable simple usage right to (a) reproduce, store, make publicly accessible, distribute and provide to other users for a fee or free of charge within our platform, device software and official apps; (b) technically edit (format, resolution, color/brightness adjustments, optimizations, metadata translations), (c) display in catalog-like collections, search indices and preview displays, (d) use to a reasonable extent for platform promotion (screenshots, short excerpts).

(2) Removal ("de-listing") upon your request only affects the future; existing lawful uses, sublicenses and copies (caches/backups/downloads by other users) remain; further revocation is excluded, subject to mandatory legal rights (e.g., §§ 41, 42, 32a German Copyright Act).

(3) Sublicensing outside the platform (e.g., to external partners) only occurs in aggregated, anonymized or non-work-defining form or with your separate consent ("Extended Publishing").

(4) Moral rights remain unaffected; we may omit copyright notices in greatly reduced preview images for space reasons.

(5) You guarantee freedom from rights and indemnify us in case of infringement.

§ 8 Open Source Components

(1) The software contains open source components with their own license conditions; these are integral contractual components insofar as they concern their parts.

(2) Current list with license texts: https://docs.pxlclock.com/oss

(3) Liability exclusions/limitations of the respective OSS licenses apply preferentially for their components.

§ 9 Term & Termination

(1) The usage right exists as long as you are the lawful owner of the hardware and comply with this EULA.

(2) In case of serious violations (e.g., repeated circumvention of protection measures), the license can be revoked without notice; statutory claims remain unaffected.

§ 10 Liability & Warranty (Brief Overview)

(1) Statutory defect liability applies for the core product; warranties beyond this only if expressly declared.

(2) In case of simple negligence, Cumin & Potato GmbH is only liable for violation of essential contractual obligations (cardinal obligations); liability is limited to 150% of the purchase price. Unaffected remain liability for intent/gross negligence, injury to life, body, health as well as claims under Product Liability Act.

(3) For beta functions, § 6 applies preferentially.

Status: July 2025, Version 1