Terms of use

These terms of use for FRITZ! Lab (hereinafter "Terms of use") govern the use of FRITZ! Lab packages (hereinafter "FRITZ! Lab") provided by AVM GmbH, Alt-Moabit 95, 10559 Berlin (hereinafter "Licensor" or "AVM"). By clicking and confirming the button on the download page, a contract for the use of FRITZ! Lab is concluded between you (hereinafter: "Licensee") and AVM under the following conditions. FRITZ! Lab is an operating system for your FRITZ! products that is still in development, allowing you to preview and try out upcoming features of an official FRITZ!OS from AVM.

§ 1 Subject matter of the contract

(1) AVM makes FRITZ! Lab available to the licensee (e.g. on the AVM website or through updates). AVM grants the licensee a non-exclusive license to use FRITZ! Lab in the form of executable programs to be installed and used on FRITZ! products for which FRITZ! Lab has been made available, which is time limited until the release of a newer FRITZ! Lab or a newer official FRITZ!OS version; the license may be revoked at any time. The licensee shall observe the further instructions on handling FRITZ! Lab in the "infolab.txt", which is part of the FRITZ! Lab file (*.zip).

(2) Unless otherwise specified in the infolab.txt of the relevant FRITZ! Lab version, AVM grants the licensee the non-exclusive right to use FRITZ! Lab, which is provided exclusively in the form of executable programs. The licensee may create only one copy of the software, which may only be used for backup purposes. AVM reserves all rights that are not expressly granted to the licensee. Without prior written consent and except in cases permitted by law, it is particularly prohibited to (i) reproduce, distribute or make the FRITZ! Lab publicly accessible in any other way, or (ii) edit, disassemble, reverse engineer, translate, decompile or otherwise "open" the software and subsequently reproduce, distribute or make the firmware publicly accessible in any other way.

§ 2 Provision

AVM makes FRITZ! Lab available (e.g. as a free download on its website, available at en.avm.de/fritz-lab/). FRITZ! Lab versions other than those provided directly by AVM and downloaded and/or used without consent to these terms of use constitute unauthorized use and are not deemed to have been provided by AVM.

§ 3 Fee

The use of FRITZ! Lab is free of charge.

§ 4 Consent to the use of data, conditions of use

(1) In connection with the use of FRITZ! Lab by the licensee, AVM collects and uses the data listed in the data protection statement, valid at the time of downloading FRITZ! Lab and available at https://fritzhelp.avm.de/help/privacy/en. In the event of contradictions or ambiguities between different language versions of this data protection statement, the German version shall be the authoritative version.

(2) The licensee agrees to the collection and use of this data by AVM for the purposes stated here and in the data protection statement. The licensee acknowledges that the use of FRITZ! Lab is subject to the licensee's consent to and compliance with these terms of use. The licensee can switch back to the official FRITZ!OS at any time under "System > Update > FRITZ!OS Version".

§ 5 Warranty

(1) The licensee is aware that FRITZ! Lab is a beta version of the official FRITZ!OS versions. Although FRITZ! Lab has been tested by AVM to the best of its knowledge before making it available, AVM cannot rule out the possibility that malfunctions may occur during or as a result of the use of FRITZ! Lab. AVM therefore only guarantees that FRITZ! Lab complies with the contractual condition at the time of provision. After one year from the time FRITZ! Lab was made available, this only applies if the licensee proves that FRITZ! Lab was not in a contractual condition at the time it was made available.

(2) AVM provides information – e.g. on its website or in the user interface of its FRITZ! products – about any updates to FRITZ! Lab and/or newer official FRITZ!OS versions and makes these available for download. The licensee undertakes to download and install the respective update. If the licensee does not install the updates provided by AVM, the licensor shall not be liable for deviations from the contractual condition of the FRITZ! product or its firmware that are attributable to the lack of the corresponding update, provided that AVM has informed the licensee of the consequences of a failure to carry out the installation or an improper installation and this is not attributable to inadequate installation instructions provided by AVM.

§ 6 Liability

(1) The licensee is aware that FRITZ! Lab is a beta version of the official FRITZ!OS versions. Although FRITZ! Lab has been tested by AVM before making it available, AVM cannot rule out the possibility that malfunctions may occur during the use of FRITZ! Lab.

(2) AVM is only liable in the event of (a) intent or gross negligence, (b) injury to life, limb or health, (c) to the extent of a guarantee provided by it and (d) in accordance with the German Product Liability Act. AVM's liability for obligations breached through slight negligence that are essential to achieving the purpose of the contract is limited to the amount of damage that is foreseeable and typical for the nature of transaction. Otherwise, AVM is not liable.

§ 7 Final provisions

(1) The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Berlin, provided that the licensee is a merchant or does not have a general place of jurisdiction in the Federal Republic of Germany.

(2) This contractual relationship between the parties shall be governed exclusively by German law, to the exclusion of conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(3) If any of these provisions do not apply - for whatever reason - this will not affect the validity of the remaining provisions.

(4) The contract language is German. Even if the parties prepare translations of the contract existing between them and/or these terms of use, only the German version shall be the authoritative version.

As of: March 2024