Auerswald COMfortel M-520 Betriebsanleitung Seite 29

Important Information
5.1 Unless stipulated otherwise in the Agreement, the Software will be provided at the discretion of Auerswald either by ship-
ment on a separate data carrier, pre-installed on a device (e.g. appliance) to the stipulated delivery address (physical ship-
ment) or electronically, e.g. for download by the Customer from an online portal or from the AppStore/PlayStore (electronic
shipment).
5.2 In case of shipment on a data carrier or device, the time of transfer to the forwarder will be crucial for compliance with
delivery dates as well as for the transfer of risks; in case of electronic shipment, the time when the Software is first made avail-
able for download and the Customer is notified thereof will be crucial.
5.3 Auerswald supplies the Auerswald Partners accordingly. Any delivery deviating from clause 5.1 must be agreed individu-
ally between the Customer and the Auerswald Partner.
6. Warranty and liability of Auerswald
6.1 The owed quality and functionality of the Software is determined solely by the Documentation and by arrangements made
in the Agreement, if any. Auerswald does not owe any additional quality or functionality. In particular, Auerswald does not war-
rant any of the following:
a) that the Software interacts with a configuration other than any determined freely by Auerswald alone;
b) that the Software runs uninterrupted and error-free; or
c) that all technical Software issues can be removed. A technical Software issue is deemed a defect only if the Software as a
consequence thereof does not have the quality and functionality owed according to the Documentation.
In particular, Auerswald does not warrant any services or any quality or functionality offered by an Auerswald Partner in addi-
tion to Auerswald products (so-called "added value"); such additional offers are to be processed solely between the Customer
and the Auerswald Partner.
6.2 The Customer has guarantee, warranty, liability and/or reimbursement of expenses claims against Auerswald only if they
have been stipulated in an agreement concluded directly between Auerswald and the Customer. If the Customer purchases
the Software from an Auerswald Partner, the Customer's claims will be based on the Agreement concluded with the Auerswald
Partner. This will not affect the Customer's claims under applicable product liability law.
7. Export control
7.1 Performance of the Agreement by Auerswald is subject to the proviso that no impediments exist under national or interna-
tional provisions of foreign trade law and no embargoes and other sanctions apply.
7.2 The Customer will comply with all national and international export/re-export control restrictions applicable to the Software
for the Software and/or documentation. In particular, the Customer will not export, re-export or transship the Software either
directly or indirectly if this violates export laws, rules, restrictions or regulations of the Federal Republic of Germany, the Euro-
pean Union or the United States of America.
8. Special terms for Trial Versions
8.1 The terms of this clause 8 apply only if the Customer has received the Software for testing purposes and take precedence
over the other terms of the EULA. A Trial Version is made available exclusively for a limited period of time.
8.2 The Customer may use the Trial Version exclusively for evaluation and testing purposes and only for the duration of the
testing phase agreed with Auerswald or with the Auerswald Partner from whom the Trial Version was obtained. The Customer
may end the testing phase early at any time by uninstalling and destroying all copies of the Trial Version or returning it to Auer-
swald or to the Auerswald Partner.
8.3 The right to use the Trial Version will expire automatically if:
a) the Customer violates the terms of the EULA and/or
b) the testing phase ends. The Customer acknowledges that some Trial Versions contain License Keys that cover at least the
period of the trial phase, but will automatically deactivate once the trial period expires.
8.4 Unless stipulated otherwise, the Customer as a user of a Trial Version is not entitled to receive support services from Auer-
swald or from the Auerswald Partner.
8.5 During the testing phase, the Customer may at any time convert the Trial Version into a fee-based version of the Software,
e.g. by importing the corresponding License Keys. The details are to be determined with Auerswald or with the Auerswald
Partner.
8.6 Trial versions are provided free of charge, "as is" and without any warranty. Depending on the agreement with the Cus-
tomer, these may also be versions that have not yet been generally released or new products that have not yet been released
for distribution. The Customer uses each Trial Version at its own risk, expense and responsibility. Auerswald does not warrant
performance or specific results of using the trial software and associated materials, and does not warrant or guarantee that
the use of the trial software does not infringe third-party rights. It furthermore does not warrant or guarantee the marketability
or usability of the trial software for a specific purpose. These exclusions also apply in favour of the third-party providers of any
third-party software that may be included in the Trial Version. The Customer's statutory rights in case of malice or wilful intent
remain unaffected.
8.7 In case of Trial Versions, any claims on the part of the Customer for compensation for any damage or expenses are
excluded, irrespective of the legal grounds, and in particular for loss of production, loss of profit, loss of information or data
and consequential damages. This does not affect the liability of Auerswald for wilful intent, under the Product Liability Act, for
bodily injury or to the extent of any guarantees assumed. The same applies in other cases of mandatory statutory liability.
9. General provisions
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COMfortel M-520 - Instructions V04 09/2021