Auerswald COMfortel M-510 Notice D'utilisation page 23

Important Information
3.2 The inclusion of other conditions, in particular Standard Business Conditions or General Terms and Conditions of
Purchase on your part is hereby expressly rejected. This also applies if reference is made to such conditions during the
business relationship between you and Auerswald.
4. Definitions
Software means any form of program generated by means of a source code for which Auerswald or its suppliers are
entitled to intellectual property rights including all associated materials and user information, regardless of how the
software is stored and regardless of whether it is software for products manufactured and distributed by Auerswald
(embedded software) or independent software (stand-alone). The term software also includes all upgrades, updates,
versions or other modifications.
Computer system means any type of computer hardware on whose hard disk software is installed or through which
software is accessed.
User means any individual natural or legal person who is granted rights of use to the software and not the person who
actually uses the software. If the user is a legal entity, the legal entity is permitted to exercise the right of use through the
persons acting on its behalf, provided that the number of copies of the software is not exceeded.
Consumer means any natural person who concludes a legal transaction for purposes which can predominantly be
attributed neither to his/her commercial nor self-employed professional activity.
Intended use means the use of the software as described in the user information, in particular in the operating
instructions for the software. The use of firmware is generally limited exclusively to the use for the respective Auerswald
device.
5. License for the software
5.1 Auerswald hereby grants the user a license to use the software for its intended use as determined by Auerswald, in
particular the use in connection with the use of Auerswald products. The granting of a license shall not constitute an
acquisition of the software. The License shall terminate upon termination of this Agreement, unless this constitutes an
unreasonable disadvantage to the user. A license granted once for software constitutes an entitlement only to the use
of this software and does not justify any claim to a license for other software from Auerswald.
5.2 Licences are granted subject to the conditions set out below:
5.2.1 The user may use the software exclusively for the intended use of the software by himself or, if this is provided for
the intended use, by third parties.
5.2.2 The user is not allowed to transfer, assign or sell the license and the resulting rights or grant sub-licenses to third
parties. The above regulation does not apply if the exhaustion of the rights to which Auerswald is entitled has already
occurred before. Furthermore, the use of equipment on a rental basis (e.g. the provision of call through services) is not
included.
5.2.3 The user is prohibited – except in cases of resale permitted by Auerswald – from allowing third parties to use the
software in any form whatsoever. Any transfer of a license key or any other electronic encryption to enable the use of the
software is prohibited.
5.2.4 Except in cases where this is expressly provided for, the software may not be combined with other software from
third parties. In such a case the functionality of the software is no longer guaranteed, which can ultimately also lead to
functional failure or functional impairment of Auerswald devices. Auerswald shall not be responsible for any
consequences resulting from this, except in cases in which Auerswald acted intentionally or grossly negligently or in
cases of bodily injury.
5.3 The license entitles the user to the following, with the actions also defined below being prohibited:
5.3.1. The user may use the software according to its intended use in the number of copies of the software to which the
license refers, based on the user information provided by Auerswald. If an upgrade, update or other modification of the
software (collectively referred to as modifications) takes place, the user shall accept these modifications according to the
instructions of Auerswald in order to ensure the functionality of the software and the devices, if applicable.
5.3.2 The user is allowed to create a backup copy of the software. The backup copy must be marked as such and must
be returned to Auerswald upon termination of the Contract or demonstrably deleted at Auerswald's request.
5.3.3 The user is prohibited from using the software or parts thereof for the development of his own software or from
participating directly or indirectly in the development of such software by third parties (unless the software or parts thereof
is expressly designated as "open source" or otherwise approved for modification by Auerswald by means of its intended
use). It is prohibited to reverse engineer or decompile the software (unless required by law, such as German copyright
law under Section 69e UrhG (German Copyright Law)) or otherwise attempt to identify the source code or parts of the
source code of the Software. It is also prohibited to disassemble the software. Furthermore, changes to the software are
only permitted to the extent necessary within the scope of updates or other changes to the software authorised by
Auerswald.
5.4 Contraventions against the provisions contained in 5.2 and 5.3 shall render the license granted in 5.1 null and void
with immediate effect. Any culpable direct or indirect violation of the conditions defined above immediately constitutes a
serious violation of the License Agreement and shall entitle Auerswald, beyond the termination of the license, to assert
all contractual or legal claims in the event of a breach of contract, including the right to cease and desist and the claim
for damages, including for consequential damages. Auerswald shall also be entitled to make use of measures of
temporary legal protection with regard to the claim to cease and desist.
5.5 Auerswald is hereby granted the right – except in cases where the user is a consumer – to demand from the user at
any time proof of the number of copies of the software installed on the user's computer systems and to have such an
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COMfortel M-510 - Instructions V03 02/2020