Auerswald COMfortel M-510 Betriebsanleitung Seite 28

Important Information
of Auerswald for installation on a Client. In this case, this EULA applies to such software, and the GTC SaaS apply to the Saas
offering of Auerswald. Such software is only intended for use with the associated SaaS offering from Auerswald and the Cus-
tomer's rights of use under this EULA only refer to this, even if it should be technically possible to address another (SaaS)
product with it. Auerswald assumes no warranty for any such use in violation of this EULA, does not provide any maintenance/
care services, will not indemnify the Customer in the event of an infringement caused by a combination with the external SaaS
service, and retains the right to demand from the Customer compensation for any damage or expenses caused to Auerswald
by such use by the Customer.
3. Third-party software and Open Source software
3.1 The Software may contain components that as a whole or in part are governed by separate license terms. This includes,
in particular, third-party software and Open Source Software. If the Customer purchases the Software from Auerswald, Auer-
swald provides the Customer with a reasonable opportunity to take note of the third-party licence terms and Open Source
Licenses prior to concluding the Agreement, e.g. by way of a link in the web store of Auerswald. Auerswald has bound the
Auerswald Partners to do likewise.
Such separate license terms take precedence over this EULA as regards to the relevant component and will also be displayed
during the installation process or referenced in the Documentation.
3.2 Some third-party licences and Open Source Licences may contain additional rights, but also limitations or exclusions of
guarantee or warranty and liability claims. Auerswald is required to pass on such rights, limitations or exclusions to the Cus-
tomer, irrespective of whether or not they are valid under the legal system governing the Agreement. Auerswald recommends
that the Customer obtains information about such rights, limitations and exclusions before concluding the Agreement and that
in case of doubt, the Customers seeks independent legal advice.
3.3 If an Open Source Licence provides for the transfer or provision of source code or other materials, in accordance with the
respective Open Source Licence, or otherwise at its own discretion, Auerswald will:
a) deliver this together with the Software on a data carrier, on a separate data carrier or installed on the device, or
b) make it available via the Auerswald website and in any case,
c) provide it on a data carrier at the Customer's request against corresponding reimbursement of expenses/shipping costs.
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. Not-
withstanding 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, irrespec-
tive of the number of devices (e.g. telephones) assigned to the User. Depending on the Agreement, 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 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
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COMfortel M-510 - Instructions V04 09/2021