Auerswald GmbH & Co KG, Vor den Grashöfen 1, 38162 Cremlingen, Germany (hereinafter referred to as "Auerswald") manufactures and distributes mainly communication equipment and software to support the func-

tionality of such equipment (as embedded software and/or firmware or stand-alone software). Auerswald would like to agree with you the following terms and conditions for the use of the software defined below. The

software may contain open source software for which third party license terms also apply.

1. Information about the content of the Software License Agreement and conclusion of the Agreement

1.1 The License Agreement is provided to you with the device in paper or electronic form for review before you use the device or download, install, or use the software. Please read the text of the License Agreement

carefully. If you have any questions about the License Agreement when reviewing the License Agreement, please contact Auerswald by e-mail at the e-mail address license@auerswald.de. To the extent that the software

uses open source software, we refer to the license conditions of third parties available online in the Downloads area or through the user interface of the product.

1.2 During the process of downloading, installing, registering/logging into the device, or using the software, you will be asked whether you agree to the terms of this Agreement (this process is referred to below as the

"Query"). Clicking on a "Yes" button is provided for this purpose. By clicking this button you declare your irrevocable and legally binding consent. If you do not agree with this License Agreement, please click the "No"

button. Downloading, installing or using the software is then not possible. If a query is not made for technical reasons, we regard the use of the device or the software as an implied declaration of agreement with this

License Agreement and/or the license terms of third parties for open source software.

1.3 Note: If you do not agree to the Software License Agreement, you must not use the Software. This will make it more difficult or even impossible to use a product purchased from Auerswald.

2. Subject matter of the Agreement; commitment to the procurement of Auerswald products

2.1 The object of the Agreement is the granting of a right of use to software (also referred to as license), which will be described in detail below and is subject to the condition precedent of payment of the license fee (see

Section 6). The granting is generally not exclusive and limited to the duration of this Agreement.

2.2 The right of use (hereinafter also referred to as license) is generally granted for a single copy of the software, with updates, upgrades or other modifications of the software being included, unless these are modifications

of the software which are subject to remuneration.

2.3 If the software is intended to be used to support the functionality of devices, the existence of this License Agreement is bound to the existence of the contract with Auerswald or an authorised distribution partner of

Auerswald on which the procurement of these devices is based. If the latter contract is terminated for any reason whatsoever, the License Agreement shall also terminate to the extent that it has already entered into force

at the time of termination, unless this would unreasonably disadvantage the license holder. If Auerswald is entitled to withhold services within the scope of the procurement contract, Auerswald shall also be entitled to

such a right within the scope of this License Agreement. This regulation does not apply if you as the contractual partner are a consumer.

3. Principles of the License Agreement

3.1 The License Agreement is based solely on the terms and conditions as set forth in this document; other oral commitments or agreements do not exist. In the event of other agreements, the provisions in this document

shall take precedence.

3.2 The inclusion of other conditions, in particular Standard Business Conditions or General Terms and Conditions of Purchase on your part is hereby expressly rejected. This also applies if reference is made to such

conditions during the business relationship between you and Auerswald.

4. Definitions

Software means any form of program generated by means of a source code for which Auerswald or its suppliers are entitled to intellectual property rights including all associated materials and user information, regardless

of how the software is stored and regardless of whether it is software for products manufactured and distributed by Auerswald (embedded software) or independent software (stand-alone). The term software also includes

all upgrades, updates, versions or other modifications.

Computer system means any type of computer hardware on whose hard disk software is installed or through which software is accessed.

User means any individual natural or legal person who is granted rights of use to the software and not the person who actually uses the software. If the user is a legal entity, the legal entity is permitted to exercise the

right of use through the persons acting on its behalf, provided that the number of copies of the software is not exceeded.

Consumer means any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his/her commercial nor self-employed professional activity.

Intended use means the use of the software as described in the user information, in particular in the operating instructions for the software. The use of firmware is generally limited exclusively to the use for the respective

Auerswald device.

5. License for the software

5.1 Auerswald hereby grants the user a license to use the software for its intended use as determined by Auerswald, in particular the use in connection with the use of Auerswald products. The granting of a license shall

not constitute an acquisition of the software. The License shall terminate upon termination of this Agreement, unless this constitutes an unreasonable disadvantage to the user. A license granted once for software con-

stitutes an entitlement only to the use of this software and does not justify any claim to a license for other software from Auerswald.

5.2 Licences are granted subject to the conditions set out below:

5.2.1 The user may use the software exclusively for the intended use of the software by himself or, if this is provided for the intended use, by third parties.

5.2.2 The user is not allowed to transfer, assign or sell the license and the resulting rights or grant sub-licenses to third parties. The above regulation does not apply if the exhaustion of the rights to which Auerswald is

entitled has already occurred before. Furthermore, the use of equipment on a rental basis (e.g. the provision of call through services) is not included.

5.2.3 The user is prohibited – except in cases of resale permitted by Auerswald – from allowing third parties to use the software in any form whatsoever. Any transfer of a license key or any other electronic encryption to

enable the use of the software is prohibited.

5.2.4 Except in cases where this is expressly provided for, the software may not be combined with other software from third parties. In such a case the functionality of the software is no longer guaranteed, which can

ultimately also lead to functional failure or functional impairment of Auerswald devices. Auerswald shall not be responsible for any consequences resulting from this, except in cases in which Auerswald acted intentionally

or grossly negligently or in cases of bodily injury.

5.3 The license entitles the user to the following, with the actions also defined below being prohibited:

5.3.1. The user may use the software according to its intended use in the number of copies of the software to which the license refers, based on the user information provided by Auerswald. If an upgrade, update or other

modification of the software (collectively referred to as modifications) takes place, the user shall accept these modifications according to the instructions of Auerswald in order to ensure the functionality of the software

and the devices, if applicable.

5.3.2 The user is allowed to create a backup copy of the software. The backup copy must be marked as such and must be returned to Auerswald upon termination of the Contract or demonstrably deleted at Auerswald's

request.

5.3.3 The user is prohibited from using the software or parts thereof for the development of his own software or from participating directly or indirectly in the development of such software by third parties (unless the

software or parts thereof is expressly designated as "open source" or otherwise approved for modification by Auerswald by means of its intended use). It is prohibited to reverse engineer or decompile the software (unless

required by law, such as German copyright law under Section 69e UrhG (German Copyright Law)) or otherwise attempt to identify the source code or parts of the source code of the Software. It is also prohibited to

disassemble the software. Furthermore, changes to the software are only permitted to the extent necessary within the scope of updates or other changes to the software authorised by Auerswald.

5.4 Contraventions against the provisions contained in 5.2 and 5.3 shall render the license granted in 5.1 null and void with immediate effect. Any culpable direct or indirect violation of the conditions defined above

COMfortel M-510 - Instructions V02 08/2019

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