Auerswald COMfortel M-730 Notice D'utilisation page 26

Important Information
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, Auerswald
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 guar-
antee or warranty and liability claims. Auerswald is required to pass on such rights, limitations or exclusions to the Customer,
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 Auer-
swald 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 fur-
nish the Open Source Software pursuant to clause 3.3, Auerswald may have entered into an agreement with the Auerswald Part-
ner 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. Notwithstanding 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 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. Depend-
ing on the Agreement, the number of purchased Single-User Software can also be the maximum permitted number of installa-
tions. 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 Part-
ner. 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
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COMfortel M-730 - Instructions V01 06/2021