Auerswald COMfortel M-510 Betriebsanleitung Seite 26

Important Information
gram (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 Corpo-
ration Act (Aktiengesetz, AktG) are affiliated with Auerswald or with the Client. Where the AktG does not apply, affiliated com-
pany means any organizationally independent entity that directly or indirectly controls Auerswald or the Customer, is con-
trolled 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 licen-
sors 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. Auer-
swald 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 Soft-
ware, as set forth in more detail in clause 3, for the Customer's own internal business purposes and also for those of its Affil-
iated 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 rea-
sonable 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 pro-
viders.
2.7 With the exception of Open Source Software, the Customer may not decompile or disassemble the Software, extract pro-
gram 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
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COMfortel M-510 - Instructions V04 09/2021