generally provided in executable form (object code) only. For the purpose of this EULA, the accompanying Documentation is deemed a component of the Software. The Open Source Software delivered together with the

Software as well as Third-Party Software also fall under this definition of Software; however, the Third-Party License Terms or Open Source Licenses apply. The latter, in particular, may provide that the source code is

made available to the customer.

1.19. Trial Version is a version of the Software that is provided for testing purposes. In this EULA, the provisions in clause 8 take precedence in this regard.

1.20. Update means a version of a computer program that contains bug fixes and minor functional optimizations. Auerswald determines at its own discretion whether an Update is published as an independently installable

version of the computer program (release) or as a component to be installed additionally. Depending on the product, an Update requires an existing and properly licensed installation of the Software or a running trial mode.

An Update typically is identified by increasing the release number after the main version number ( e.g. "version 1.0.2" instead of "version 1.0.1").

1.21. Upgrade means a version of the computer program that contains new and/or enhanced functionality for older versions. In some cases, it may also include bug fixes. Auerswald may decide at its own discretion

whether an Upgrade requires a license for certain older versions of the Software that are eligible for Upgrade. Typically, an Upgrade is identified by increasing of the main version number (e. g. "version 2.0.0" instead of

"version 1.0.2").

1.22. User or Client means an entity which is able to access a server and one or more of several Product Instances of a Server Software running on it. Depending on the product, a User may be an individual, but also

an identity/function (administrator) or a physical (e.g. fax) or virtual device (e.g. conference call room). The type and number of Users/Clients authorized to use the Server Software is defined in the Agreement by which

the respective product is provided to the Customer.

1.23. Affiliated Companies are defined as companies which, as defined in Section 15 set seqq. of the German Stock Corporation Act (Aktiengesetz, AktG) are affiliated with Auerswald or with the Client. Where the AktG

does not apply, affiliated company means any organizationally independent entity that directly or indirectly controls Auerswald or the Customer, is controlled by one of them or is under common control by another party.

Control is understood as the ability to govern or direct management and organization of a company, either by a majority of voting rights, by contract or otherwise.

1.24. Agreement is the separate agreement (e.g. a software transfer agreement) under which the Customer has obtained the Software and, if applicable, other Auerswald products from Auerswald or an Auerswald

Partner. For the purposes of this EULA, the definition includes only own products of Auerswald as well as Third-Party Software that can be procured from Auerswald. No other products are covered.

2. General License Provisions

2.1 The Customer is granted a right to use the Software pursuant to the License Terms and exclusively within the scope of the Agreement Upon conclusion of the Agreement, the Customer undertakes to comply with the

License Terms.

2.2 The Customer's rights of use of the Software are governed solely by the License Terms. All other rights to the Software are the exclusive property of Auerswald or, in the case of Third-Party Software, of the respective

third-party provider or licensors of the Open Source Software.

2.3 If the Customer purchases the Software from Auerswald, Auerswald provides the Customer with a reasonable opportunity to take note of the Licence Terms prior to concluding the Agreement, e.g. by way of a link in

the web store of Auerswald. Auerswald has bound the Auerswald Partners to do likewise. The same applies to Open Source Software or to the respective Open Source Licenses.

2.4 By concluding the Agreement, the Customer accepts the License Terms, including those of the Open Source Licenses. It is incumbent upon the customer to obtain knowledge of the License Terms, including those

of the Open Source Licenses in advance pursuant to clause 2.3 and/or clause 3.

2.5 Unless expressly stipulated otherwise in the Agreement, the Customer will receive only rights of use to the object code of the Software, i.e. to the executable machine-readable form of the Software. There will be no

claim to providing the source code. Cases where the product in question requires the provision of source code are excepted, e.g. scripts. The Customer's rights under Open Source Licenses will also remain unaffected.

2.6 Unless expressly agreed otherwise in the Agreement, the Customer will be given the non-exclusive right to use the Software, as set forth in more detail in clause 3, for the Customer's own internal business purposes

and also for those of its Affiliated Companies. Third-party use or operation of the Software is permitted if done exclusively under the Customer's control and for its internal business purposes, e.g. hosting, outsourcing.

The Customer may reproduce the Software to the extent reasonable within the scope of said purposes and, in particular, may make backup copies. All additional rights, in particular the right to distribute, translate, edit,

modify or make the Software publicly available, remain with Auerswald or the third-party providers.

2.7 With the exception of Open Source Software, the Customer may not decompile or disassemble the Software, extract program parts, reverse engineer or otherwise attempt to derive the source code from the object

code. This shall not affect the Customer's rights under Section 69d (2) and (3), 69e of the German Copyright Act (Urheberrechtsgesetz). In this case, the Customer must first request Auerswald within a reasonable notice

period in writing to furnish the information and documents necessary to establish the contractual functionality or interoperability with other applications. The Customer will be entitled to reverse engineer or decompile the

software within the scope of the mandatory statutory requirements only after expiration of the period without contractual production of the functionality.

2.8 The Software may be rented out, leased, loaned, sublicensed or passed on or otherwise made available to third parties outside the provisions of clauses 2.9 to 2.14 only with the prior written consent of Auerswald.

Similarly, the Software may not be reproduced either as a whole or in part. The cases expressly permitted in the Agreement or by law are excluded, e. g. backup copies. Auerswald may decide freely whether to give its

consent.

2.9 If the Customer is provided with installation media containing multiple Software products, the Customer may only use the Software for which the Customer has acquired licenses. Unbundling or repackaging the Software

for distribution or resale or the associated redesign of Software is not permitted.

2.10 If the Customer has been granted permanent Licenses to the Software, resale of the Software and transfer of the Licenses to it may be permitted only if the Software and Licenses are passed on in precisely the

same scope and combination as acquired by the Customer. The Software may be provided to the purchaser only as one and completely together with all associated materials and Licenses or License Keys. Merely

temporary transfer, e.g. renting out, is not permitted. Any merely partial transfer of the Software to third parties or the transfer of the same Software to several third parties by splitting the Licenses is prohibited, except in

the cases expressly permitted by law.

2.11 In case of Software rented to the Customer, transfer or assignment of the rental agreement to third parties is excluded, unless this has been stipulated individually with the respective renter, i.e. Auerswald or the

Auerswald Partner.

2.12 The Customer will ensure and upon request of Auerswald will be able to demonstrate that

* the purchaser has undertaken to comply with the License Terms;

* the purchaser has been handed over the Software, the License Keys, the installation media and other materials delivered together with the Software, e.g. pre-installed materials, as well as all backup copies, updates

and earlier versions still remaining with the Customer;

* the Customer does not retain any copies of the Software, the installation media, the License Keys or any other materials, including backup copies;

* the Customer notifies Auerswald directly, or via the respective Auerswald Partner, about the purchase and buyer, indicating the relevant Software and Licence Keys, and

* the Customer has arranged with Auerswald, or via the respective Auerswald Partner, the transfer of the Software and License Keys to the purchaser.

2.13 Upon transfer to the purchaser, all of the Customer's rights of use to the Software and the Licenses will expire. However, a sale does not automatically lead to a transfer or assignment of guarantee or warranty claims

or of any maintenance/care contract that may exist between Auerswald and the Customer. If the Customer has purchased the Software from an Auerswald Partner, it is the Customer's responsibility to make agreements

with the Auerswald Partner regarding the transfer of any guarantee or warranty claims that may exist against the Auerswald Partner or for maintenance contracts.

2.14 The Customer may make a reasonable number of backup copies of the Software. The Customer will not remove alphanumeric identifiers, trademarks or copyright notices affixed to the Software product or to the

installation media and will reproduce the Software only without making any changes. The Customer will keep records of the whereabouts of all copies, and Auerswald may inspect such copies upon request.

2.15 If the Software requires initialization, for example by importing a License Key, the Customer will initialize the Software within a certain period of time as specified by Auerswald. The Customer is advised that the

installation is technically complete only once this has been done. The the required information as described in the installation sequence must be entered by the Customer for installation. If the Software is operated in a

virtualised environment and if such environment is changed, e.g. updated, or if the hardware on which the Software is operated is changed, the Software may have to be reinitialized. If initialization is not completed within

the specified period, the Software may be blocked for further use. In such case, activation requires initialization which may be requested from Auerswald or from the respective Auerswald Partner against proof of author-

ization. Individual arrangements in the Agreements regarding acceptance and compensation of expenses will not be affected.

2.16 Any supplementary delivery of Software (e.g. Updates or upgrades) made available to the Customer as well as any License extensions, e.g. additional Floating User Licenses, are an integral part of the respective

licensed Software and governed by this EULA, unless stipulated otherwise in a particular case.

2.17 The rights of use to previous versions generally expire upon installation of an Update or upgrade. Auerswald retains the right to offer older versions of the Software on the website. In such case, the Customer will

also be entitled to use the offered older versions, albeit only one version at any one time (so-called "Downgrade"). This is not associated with an extension of other Licenses, e.g. the number of floating users. The provision

of older versions is voluntary and may be discontinued at any time. Auerswald also retains the right to technically prevent downgrades. The Customer uses such older versions at its own risk. Any warranty obligation on

the part of Auerswald or performance obligation under a maintenance/service contract concluded with Auerswald will apply to the respective current version only. Existing copies, including back-up copies, must either be

demonstrably destroyed by the Customer or returned to Auerswald or to the Auerswald Partner, unless the Customer demonstrates that it requires the older version to meet statutory or regulatory retention of accountability

obligations and the Upgrade or migration version of the Software is not able to do so. In any case, the option of such retention ends once the Software is sold to a third party.

2.18 In cases, where the Customer has been granted rights of use for a limited period of time, Auerswald may terminate such rights of use as a whole or in part for cause if the Customer is in significant breach of the

provisions of the EULA , in particular in respect of the scope of the Licence, thereby infringing the rights of Auerswald to the Software in such a way that Auerswald cannot be reasonably expected to adhere to the granting

of rights and if the Customer fails to remedy the violation within thirty (30) days from receipt of a corresponding request by Auerswald. If the Customer has procured the Software through an Auerswald Partner, the agree-

ment made with such Auerswald Partner is decisive. Auerswald's right to prosecute infringement in court, including, without limitation, by way of injunctive relief, remains unaffected. This also applies to Software provided

on a permanent basis.

2.19 The provisions of this EULA apply accordingly to Firmware. However, Firmware may be used or passed on to third parties only together with the hardware for which such Firmware was intended and approved by

Auerswald.

2.20 This EULA also applies to Auerswald Software provided to the Customer in connection with the use of a SaaS offering of Auerswald for installation on a Client. In this case, this EULA applies to such software, and

the GTC SaaS apply to the Saas offering of Auerswald. Such software is only intended for use with the associated SaaS offering from Auerswald and the Customer's rights of use under this EULA only refer to this, even

if it should be technically possible to address another (SaaS) product with it. Auerswald assumes no warranty for any such use in violation of this EULA, does not provide any maintenance/care services, will not indemnify

the Customer in the event of an infringement caused by a combination with the external SaaS service, and retains the right to demand from the Customer compensation for any damage or expenses caused to Auerswald

by such use by the Customer.

3. Third-party software and Open Source software

3.1 The Software may contain components that as a whole or in part are governed by separate license terms. This includes, in particular, third-party software and Open Source Software. If the Customer purchases the

Software from Auerswald, Auerswald provides the Customer with a reasonable opportunity to take note of the third-party licence terms and Open Source Licenses prior to concluding the Agreement, e.g. by way of a link

in the web store of Auerswald. Auerswald has bound the Auerswald Partners to do likewise.

Such separate license terms take precedence over this EULA as regards to the relevant component and will also be displayed during the installation process or referenced in the Documentation.

3.2 Some third-party licences and Open Source Licences may contain additional rights, but also limitations or exclusions of guarantee or warranty and liability claims. Auerswald is required to pass on such rights, limitations

or exclusions to the Customer, irrespective of whether or not they are valid under the legal system governing the Agreement. Auerswald recommends that the Customer obtains information about such rights, limitations

and exclusions before concluding the Agreement and that in case of doubt, the Customers seeks independent legal advice.

3.3 If an Open Source Licence provides for the transfer or provision of source code or other materials, in accordance with the respective Open Source Licence, or otherwise at its own discretion, Auerswald will:

a) deliver this together with the Software on a data carrier, on a separate data carrier or installed on the device, or

b) make it available via the Auerswald website and in any case,

COMfortel WS-500S/500M - Advanced Information - V04 09/2021

Inhaltsverzeichnis