Auerswald GmbH & Co. KG, Vor den Grashöfen 1, 38162 Cremlingen, Germany ("Auerswald" or "We") is, among other things, a manufacturer and provider of communication devices and software as well as related

services. The following terms and conditions govern the use of the Software (as defined in clause 1.13) provided together with the equipment or as stand-alone Software, by a buyer or lessee who uses the Software for

its own purposes and is neither a partner of nor a company affiliated with Auerswald ("Customer" or "You"). The Customer can be an individual, an entity or any other company, institution or organization with legal capacity.

The provision of Software for use by the Customer via the Internet ("Software-as-a-Service", "SaaS") is not covered by this EULA. This is based on the separate "General Terms and Conditions of Contract for Software

as a Service" ("GTC SaaS") of Auerswald, which are available here (https://www.auerswald.de/en/saas).

1. Definitions

In addition to the terms defined elsewhere in this EULA, the following definitions apply to this EULA:

1.1. Unless expressly regulated otherwise, Auerswald means Auerswald GmbH & Co.KG.

1.2. Auerswald Partners means the distributors, resellers, OEMs and other sales partners authorized by Auerswald to sell products and services of Auerswald.

1.3. Floating User License means a license that permits access to Software, e.g. to the server Software. Depending on the product or number of purchased licenses, the Floating User License may allow one or more

Users (e.g. 5, 10, 25, 50) to access the server Software concurrently. The actual active Users are counted, whereas the number of created Users or Clients may be higher. This licensing model is to be distinguished from

named User licenses, where each license usually is assigned to a specific User and the Software may be used only by such Users - but then by all of them concurrently. A Floating User License may be tied to a specific

hardware or server Software, i.e. it may only permit concurrent access to this very hardware or server Software.

1.4. Documentation means the technical and functional descriptions pertaining to the Software. The Documentation generally is provided in digital, printable form, e.g. together with the Software as a file or online for

access via browsers. However, parts of the Documentation may also be available in printed form, e.g. in case of hardware. The Documentation includes, among other things, operating instructions, descriptions of perfor-

mance features and functions, hardware and Software requirements as well as the conditions of use. Where Third-Party Software or open source components are also licensed under the Agreement, the Documentation

also includes the respective Third-Party License Terms as well as open source licenses. These are generally also provided in digital form, either online, together with the Software, or online in the product download area.

For some products, the Documentation or parts thereof, e.g. this EULA, the Third-Party License Terms or the open source licenses may also be accessed via the product's User interface.

1.5. Third-Party License Terms means the license terms of a third party applicable to the Third-Party Software purchased by the Customer under the Agreement.

1.6. Third-Party Software means Software which does not originate from Auerswald itself, but which Auerswald sells itself or via Auerswald partners, as may be indicated e.g. by an Auerswald item number. Third-Party

Software may be subject to Third-Party License Terms. Third-Party Software within the meaning of this definition does not include third-party products that are not sold by Auerswald or that the Auerswald Partner has not

obtained from Auerswald, as well as Software components that originate from third parties but are integrated into the Software in such a way that the terms of this EULA apply to them. Open Source Software is a special

form of Third-Party Software that is subject to its own license terms in form of the Open Source License Terms.

1.7. Firmware or so-called "embedded" Software means Software that is permanently embedded in an electronic device (e.g. a telephone) and that is available without reinstallation even after the device is switched off

and on again. Firmware typically is used to provide or extend basic functions of the device.

1.8. Single-User Software is a Software intended for use by a single User or Client and is installed on a single PC, notebook, tablet or smartphone.

1.9. EULA (End User License Agreement) means license terms for Software end Users. The present document is the EULA of Auerswald. Third-Party Software may be subject to an EULA, the Third-Party License Terms.

Open Source Licenses are a special form of an EULA.

1.10. License means the right of use granted to the Customer for a specific Software. The right of use may be granted on a permanent basis or for a limited period of time for the duration of the respective supply relationship.

Type and scope of the license(s) purchased by Customer, e.g. whether it is a Floating User License or a Named User License, are specified in the Agreement, otherwise by this EULA.

1.11. License Terms is a generic term for this EULA, any Third-Party License Terms as well as any Open Source Licenses as further specified in the Agreement, such as regarding the type of license or the licensed

Users/Clients.

1.12. License Key means one or several License Key(s) or license certificate(s) which represent the purchased License and which are used to activate or unlock a function or the extension level of a function in the

respective device or the respective Software, e.g. to increase the number of permitted Users. Depending on the License, the Software may be generally unlocked for unlimited use or for the purchased number of Floating

User Licenses or Named User Licenses. Depending on the product, the Software or software extension required for the function must first be installed before the relevant function can be activated using the License Key.

1.13. Named User License means a License that defines exactly which User or Client may use the Software in question, e.g. Server Software. Each User or Client is defined individually and receives their own password.

In the case of ten (10) Named User Licenses, only those ten Users may use the Software, but all of them may do so concurrently. This license model is to be distinguished from Floating User Licenses, where typically

any number of Users/Clients can be created, but only the licensed number of Users/Clients may use the software concurrently.

1.14. Open Source License means License Terms for Software, which grant the User rights of use to such Software in excess of the right to use the Software (including free of charge) that are usually reserved to the

owner of the copyright to the Software, e.g. the right to edit the Software, to combine it with other applications or to sell the Software or a version derived from it and where the relevant License Terms require that at least

one of the following conditions is met:

a) the source code or design information must be made available to anyone upon request,

b) the User is granted the right to edit the original or an edited version of the Software,

c) the User must grant a free license to use the intellectual property rights to the Software to any person or third party so requesting, even if it has been edited by the User,

d) the owner of the copyright of the unedited Open Source Software must be indicated (copyright notice).

Open Source Licenses within the meaning of this definition include, without limitation, the GNU General Public License (GPL) license family, the GNU Lesser General Public License (LGPL) and the Berkeley Software

Distribution License (BSD) license family.

1.15. Open Source Software refers to a Software licensed under an Open Source License which either:

a) is distributed only as source code, or

b) is available in executable object code form and where the source code is delivered together with the executable code, or

c) where the source code is made available free of charge (except for shipping and delivery costs).

1.16. Product Instance means a copy of the Server Software running on the server. Depending on the product and server used, several Product Instances of a Server Software product may be operated on one server.

1.17. Server Software means Software intended for use by multiple Users or Clients which is installed on a server. The Users or Clients typically access the Server Software via network connections (e.g. LAN, WLAN)

in order to use the functionalities of the Server Software.

1.18. Software means the computer programs, files as well as data carriers, if applicable, provided to the customer pursuant to the Agreement and the provisions of this EULA, including, if applicable, any updates,

upgrades, bug fixes, modified versions, additions and copies provided for such purpose. The Software may be delivered as Firmware together with a device or may be used for a specific type of device only. Software is

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

Inhaltsverzeichnis