Feeding Management Software
SILOKING Mayer Maschinenbau GmbH (“SILOKING“) has developed a web-based software (Feeding Management Software) for all machines with SILOKING Data equipment and with SILOKING Wireless equipment using a programmable weighing system, which allows the user to execute the following functions:
- Creation of several customers, different feed components and various unloading points.
- Creation and administration of loading and unloading programs.
- Connection of loading and unloading programs into a feeding cycle.
- Recipe-specific entry of subsequent mixing time.
- Data export and import via standard USB stick formatted in format FAT 32.
- Creation of reports of all loading and unloading processes incl. feeding times and feed quantities. Feeding times as well as the loaded feed quantities can be retrieved.
- Time filter function for creating period-related reports.
- Presentation of loading precision (target and actual comparison).
- Archiving of reports in PDF or Excel file format.
- Period-related analysis of feed consumption.
- The Feeding Management Software shall be put at the customer’s disposal on SILOKING’s web server under the conditions laid down in this contract. Although SILOKING has accurately designed the software and proved its functionality and lack of viruses, any failures cannot be excluded completely for technical reasons. The average availability of access to the software is 90 to 95 % minimum per month.
- The use of a web browser is required for using the Feeding Management Software. SILOKING recommends you to use a current and common web browser, such as Microsoft Internet Explorer or Mozilla Firefox. As to the operating system, Microsoft Windows 7, Windows 8 and Windows 10 are recommended.
- SILOKING shall reserve the right to change the programming language of the Feeding Management Software. The customer’s old data shall be taken over so that the customer can continue to use the Feeding Management Software. SILOKING will inform the customer on the change at least 3 months in advance. If the customer does not agree to the change, he shall have the right to terminate the contract extraordinarily at the moment of the change. The termination must be declared to SILOKING in writing before the date of the change.
- SILOKING Mayer Maschinenbau GmbH (“SILOKING“) has developed a web-based software (Feeding Management Software) for all machines with SILOKING Data equipment and with SILOKING Wireless equipment using a programmable weighing system, which allows the user to execute the following functions:
- The contractual object shall be the right to use the Feeding Management mentioned in article 1.
- The Feeding Management Software is intellectual property of SILOKING. SILOKING shall grant the customer a non-exclusive and non-transferable right to use the Feeding Management Software during the period of this contract. The customer shall have the right to use the Feeding Management Software exclusively for his own purpose in connection with the machine with the serial number mentioned in the registration. Any other use, especially a transfer of the rights to use to third parties (e. g. through sale, rental or cession) shall be excluded.
- The customer shall receive a personal password which is sent to him by e-mail upon online registration for the Feeding Management Software. With this password, the customer shall have access to the respective current version of the Feeding Management Software on SILOKING’s web server and shall be able to use it under this contract.
- The use of the Feeding Management Software shall be explained in the Using Instructions the customer can retrieve or download under the option “Files“ on SILOKING’s web server upon registration with the Feeding Management Software.
No counter-performance of the customer
- The customer shall be granted the right to use the Feeding Management Software free of charge.
- This contract shall start with the date of the customer’s online registration for the Feeding Management Software and shall have a period of 6 months.
- Upon expiry of the contract period, this contract shall extend for another 6 months unless the customer or SILOKING terminates it 3 months before the end of this contract.
The right to extraordinary termination shall not be affected.
SILOKING shall have the right to terminate this contract without previous notice in particular if the customer uses the Feeding Management Software or the related right contrary to this contract.
The customer shall have the right to terminate this contract extraordinarily especially in the case of a change for a new programming language.
- Any termination shall require the written form.
Faults, data backup
- The customer shall report and exactly describe any faults to enable SILOKING to eliminate the faults. SILOKING shall eliminate faults as quickly as possible within operative and technical possibilities. Customers shall be able to contact the free telephone support of the SILOKING service during normal working hours of SILOKING which are Monday to Friday from 8.00 to 16.00 at normal telephone charges.
- The customer shall be obliged to save the data processed and administrated with the Feeding Management Software and the related data gained (such as reports of the loadings, recipes etc.) e. g. with the help of the Excel export function, upon any change of the data entered by the customer, however at least once a week, and to ward off malware. SILOKING shall not accept any liability for loss of data caused by the customer.
- Any liability of SILOKING arising from and in connection with this contract, regardless of the legal grounds, shall be strictly excluded. SILOKING shall only be liable for damage that SILOKING has inflicted to the customer intentionally or as a result of gross negligence. The liability under the product liability act and the liability for any damage resulting from injury to life, body or health, caused by an intentional or grossly negligent breach of obligations by SILOKING, shall not be affected, either. In the case of any legal liability for damages caused by slightly negligent breach of any essential contractual obligations by SILOKING, the liability of SILOKING shall be limited to the foreseeable, typically occurring damage. Essential contractual obligations are such obligations whose fulfillment enables the proper execution of this contract in the first place, and on the observance of which the customer may regularly rely (so-called cardinal obligations).
- In the case of a loss of data SILOKING is responsible for, the liability shall be limited to the damage corresponding to the expenses incurred for the restoration of data by the customer’s executing backups according to article 5.2.
- Any breach of obligation by SILOKING shall be equivalent to a breach of obligation by its employees, general managers or other vicarious agents.
- Insofar as the liability of SILOKING is excluded or limited, this shall also apply for personal liability of employees, general managers or other vicarious agents.
Temporal end of the right to use, contract execution
- The right to use granted to the customer in article 2 shall go back to SILOKING after the end of this contract, without requiring any further legal proceedings.
- The access shall be blocked at the end of this contract. The customer shall be obliged to delete any backup copies, also of the using instructions, and to destroy any printed using instructions, if applicable.
Applicable law, place of jurisdiction
- This contract shall be governed by German law.
- The place of jurisdiction for any disputes arising from or in connection with this contract shall be 83278 Traunstein in Germany if the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer does not have a general place of jurisdiction in the Federal Republic of Germany. SILOKING shall also have the right to take legal action at the customer’s headquarters.