Auerswald will provide b) and c) for a specific version of the Software for a period of at least three (3) years, calculated from the time Auerswald no longer provides the respective version, not even for downgrades.

3.4 Provision of the Open Source Software by Auerswald and use of Open Source Software is free of charge, i.e. no payment will be charged for provision and of the Open Source Software, irrespective of whether it is

used together with a fee-based Auerswald product. However, expenses may be charged to cover the costs of Auerswald to make the source code of the Open Source Software available on data carriers. If the Auerswald

Partners themselves are required under the Open Source Licenses to furnish the Open Source Software pursuant to clause 3.3, Auerswald may have entered into an agreement with the Auerswald Partner under which

Auerswald furnished the Open Source Software on behalf of the Auerswald Partner. The Customer should in this regard inquire with the Auerswald Partner from whom the Customer has procured the Software. Notwith-

standing the above, the Customer may at all times obtain the Open Source Software contained in Auerswald products from Auerswald and view the corresponding Open Source Licenses there.

4. Rights of use

4.1 License for Server Software: a License for Server Software entitles the Customer to install the Server Software once on a Server and to operate the licensed number of Product Instances. For each user accessing a

Product Instance, depending on the respective Software, a license must be purchased to access the corresponding Server Software, e.g. a Floating User License or a Named User License.

4.2 Floating User License: A Floating User License entitles any User to use the functions of the Server Software, irrespective of the number of devices (e.g. telephones) assigned to the User. Depending on the Agreement,

the number of purchased Floating User Licenses can also be the maximum permitted number of Users. A Floating User License may refer to the use of a specific hardware or Server Software or a Product Instance thereof.

4.3 Named User License: A Named User License entitles a named User to use the functions of the Server Software, irrespective of the number of devices (e.g. telephones) assigned to the User. Depending on the Agree-

ment, the number of purchased Named User Licenses can also be the maximum permitted number of Users.

4.4 License for Single User Software: A License for a Single-User Software entitles the Customer to a one-off installation of the Software on a single computer or a corresponding Product Instance. In addition, the Customer

may install a copy of the respective Single-User Software on a file server of its internal network to download and install the Single-User Software on other individual computers connected to its internal network, provided

that the Single-User Software allows for such installation routine. Depending on the Agreement, the number of purchased Single-User Software can also be the maximum permitted number of installations. Any other use

of the Single-User Software in a network is prohibited.

5. Provision of Software

5.1 Unless stipulated otherwise in the Agreement, the Software will be provided at the discretion of Auerswald either by shipment on a separate data carrier, pre-installed on a device (e.g. appliance) to the stipulated

delivery address (physical shipment) 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 available 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 individually 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 warrant 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 addition 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 international 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 European 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 Auerswald 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 Auerswald 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 Customer, 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

9.1 If any provision of this EULA are legally invalid or unenforceable, this does not affect the validity of the remaining provisions. In such case, the Parties shall agree on a valid provision replacing the provision in question

which in economic terms comes nearest to the invalid provision.

9.2 In the relationship between Auerswald and the Customer, only the German language version of the EULA decisive for interpretation. Any versions provided in other languages are non-binding and are only used for

simplification.

9.3 Amendments, additional or supplementary agreements must be made in writing. This also applies to any waiver of the written form requirement.

9.4 Unless stipulated otherwise, German law applies under exclusion of the United Nations Convention of Contracts for the International Sale of Goods (CISG).

9.5 The place of jurisdiction is Braunschweig, unless a different place of jurisdiction is prescribed by mandatory applicable law.