Auerswald COMfortel M-510 Betriebsanleitung Seite 27

Important Information
as acquired by the Customer. The Software may be provided to the purchaser only as one and completely together with all
associated materials and Licenses or License Keys. Merely temporary transfer, e.g. renting out, is not permitted. Any merely
partial transfer of the Software to third parties or the transfer of the same Software to several third parties by splitting the
Licenses is prohibited, except in the cases expressly permitted by law.
2.11 In case of Software rented to the Customer, transfer or assignment of the rental agreement to third parties is excluded,
unless this has been stipulated individually with the respective renter, i.e. Auerswald or the Auerswald Partner.
2.12 The Customer will ensure and upon request of Auerswald will be able to demonstrate that
* the purchaser has undertaken to comply with the License Terms;
* the purchaser has been handed over the Software, the License Keys, the installation media and other materials delivered
together with the Software, e.g. pre-installed materials, as well as all backup copies, updates and earlier versions still remain-
ing with the Customer;
* the Customer does not retain any copies of the Software, the installation media, the License Keys or any other materials,
including backup copies;
* the Customer notifies Auerswald directly, or via the respective Auerswald Partner, about the purchase and buyer, indicating
the relevant Software and Licence Keys, and
* the Customer has arranged with Auerswald, or via the respective Auerswald Partner, the transfer of the Software and License
Keys to the purchaser.
2.13 Upon transfer to the purchaser, all of the Customer's rights of use to the Software and the Licenses will expire. However,
a sale does not automatically lead to a transfer or assignment of guarantee or warranty claims or of any maintenance/care
contract that may exist between Auerswald and the Customer. If the Customer has purchased the Software from an Auerswald
Partner, it is the Customer's responsibility to make agreements with the Auerswald Partner regarding the transfer of any guar-
antee or warranty claims that may exist against the Auerswald Partner or for maintenance contracts.
2.14 The Customer may make a reasonable number of backup copies of the Software. The Customer will not remove alpha-
numeric identifiers, trademarks or copyright notices affixed to the Software product or to the installation media and will repro-
duce the Software only without making any changes. The Customer will keep records of the whereabouts of all copies, and
Auerswald may inspect such copies upon request.
2.15 If the Software requires initialization, for example by importing a License Key, the Customer will initialize the Software
within a certain period of time as specified by Auerswald. The Customer is advised that the installation is technically complete
only once this has been done. The the required information as described in the installation sequence must be entered by the
Customer for installation. If the Software is operated in a virtualised environment and if such environment is changed, e.g.
updated, or if the hardware on which the Software is operated is changed, the Software may have to be reinitialized. If initial-
ization is not completed within the specified period, the Software may be blocked for further use. In such case, activation
requires initialization which may be requested from Auerswald or from the respective Auerswald Partner against proof of
authorization. Individual arrangements in the Agreements regarding acceptance and compensation of expenses will not be
affected.
2.16 Any supplementary delivery of Software (e.g. Updates or upgrades) made available to the Customer as well as any
License extensions, e.g. additional Floating User Licenses, are an integral part of the respective licensed Software and gov-
erned by this EULA, unless stipulated otherwise in a particular case.
2.17 The rights of use to previous versions generally expire upon installation of an Update or upgrade. Auerswald retains the
right to offer older versions of the Software on the website. In such case, the Customer will also be entitled to use the offered
older versions, albeit only one version at any one time (so-called "Downgrade"). This is not associated with an extension of
other Licenses, e.g. the number of floating users. The provision of older versions is voluntary and may be discontinued at any
time. Auerswald also retains the right to technically prevent downgrades. The Customer uses such older versions at its own
risk. Any warranty obligation on the part of Auerswald or performance obligation under a maintenance/service contract con-
cluded with Auerswald will apply to the respective current version only. Existing copies, including back-up copies, must either
be demonstrably destroyed by the Customer or returned to Auerswald or to the Auerswald Partner, unless the Customer
demonstrates that it requires the older version to meet statutory or regulatory retention of accountability obligations and the
Upgrade or migration version of the Software is not able to do so. In any case, the option of such retention ends once the
Software is sold to a third party.
2.18 In cases, where the Customer has been granted rights of use for a limited period of time, Auerswald may terminate such
rights of use as a whole or in part for cause if the Customer is in significant breach of the provisions of the EULA , in particular
in respect of the scope of the Licence, thereby infringing the rights of Auerswald to the Software in such a way that Auerswald
cannot be reasonably expected to adhere to the granting of rights and if the Customer fails to remedy the violation within thirty
(30) days from receipt of a corresponding request by Auerswald. If the Customer has procured the Software through an Auer-
swald Partner, the agreement made with such Auerswald Partner is decisive. Auerswald's right to prosecute infringement in
court, including, without limitation, by way of injunctive relief, remains unaffected. This also applies to Software provided on a
permanent basis.
2.19 The provisions of this EULA apply accordingly to Firmware. However, Firmware may be used or passed on to third parties
only together with the hardware for which such Firmware was intended and approved by Auerswald.
2.20 This EULA also applies to Auerswald Software provided to the Customer in connection with the use of a SaaS offering
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COMfortel M-510 - Instructions V04 09/2021