Auerswald COMfortel M-520 Manual De Instrucciones página 24

Important Information
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
installation verified. If this number deviates from the extent to which the user has been granted licenses or if the relevant
information does not appear to be credible in any other way, Auerswald shall be permitted, once a year, to enter the
User's premises with reasonable advance notice during normal business hours after prior notification and to have the
computer systems inspected by a third party obliged to secrecy, without impairing the user's business processes and
with the third party being liable for any impairment of the performance of the computer system caused by the third party
on the occasion of the inspection, to inspect at its own expense the number of copies of the software available on these
computer systems. If the number determined exceeds the number of licenses granted, Auerswald shall be entitled to
charge an additional license fee, which amounts to 120 % of the original license fee for the software.
6. Licence fee
The licence fee to be paid for the granting of the licence is included in the purchase price of the Auerswald equipment.
For stand-alone software either a separate purchase price is agreed or Auerswald offers the software explicitly as "free
of charge" without payment of a purchase price.
7. Quality of the software
7.1 The rights with regard to the quality of the software shall be governed by the provisions of the contract for the
provision of the equipment. In the case of stand-alone software, the corresponding provisions result from the contract for
the provision of the software.
7.2 Within the scope of this License Agreement, Auerswald guarantees to be fully authorised to grant the license. In case
of non-compliance with this promise, Auerswald will enable the user to use the license in its entirety or to make
appropriate compensation for loss of use. Further claims are excluded; the regulations on the purchase of rights shall
not apply; this does not apply in the event that the user is a consumer.
8. Intellectual property rights
8.1 Intellectual property rights to the software, whether directly or indirectly through protection of the devices for which
the software is used, i.e. in particular those arising from copyright, patent law or utility model law, are the sole property
of Auerswald or its suppliers. The user shall hereby refrain from any action or from participating in actions that result in
an infringement of these property rights. The user shall also refrain from registering property rights to work results
generated with the help of the software for his or her own benefit or for the benefit of a third party without the express
written consent of Auerswald. The above regulation also applies to all trademark rights of Auerswald.
8.2 In case of violations of the above obligation, the user shall be obliged to indemnify Auerswald from all possible
disadvantages possibly suffered by Auerswald on first request, which also includes the defence against claims of third
parties, unless the user is a consumer. Auerswald shall be entitled to claim damages from consumers according to the
statutory rules.
9. Liability
With the conclusion of this License Agreement Auerswald does not assume any liability for the achievement of a certain
purpose for the user; the quality of the software is regulated in Section 7. Otherwise, Auerswald's liability shall be limited
to cases of intentional or grossly negligent action with the exception of bodily injury and the violation of contractual
obligations essential for this License Agreement.
10. Export restrictions
Our software and the software of our suppliers as well as the devices or components with or for which the software is
used are subject to the restrictions of foreign trade law in Germany, the member states of the EU and the United Kingdom
(UK) and the USA (in accordance with the corresponding ECCN numbers or EAR number 99) in addition to the
restrictions of the Dual Use Regulation or the restrictions regarding the export of arms. Exports may therefore only occur
in compliance with the aforementioned restrictions of foreign trade law, the provisions of the Dual Use Regulation or the
restrictions regarding arms exports, and are moreover limited to exports within the EU, the EFTA or to the United
Kingdom. Export operations deviating from this require our explicit, written agreement.
11. Term of the Agreement
11.1 The License Agreement is concluded for the period in which the user uses the device or, in the case of stand-alone
software, for the usual duration of use.
11.2 The right to extraordinary termination for substantial grounds shall remain unaffected. Substantial grounds for
termination shall in particular be a continued violation of important components of this Agreement, in particular for
granting of the license, despite a warning.
11.3 In the event of termination of the Contract, the user shall be obliged to delete all copies of the software in their
possession, including backup copies, and to prove to Auerswald upon request that the deletion has been carried out.
12. Applicable law, place of jurisdiction
12.1 This contract is subject to the applicable law of the Federal Republic of Germany.
12.2 The place of jurisdiction is Braunschweig, Germany.
Cremlingen, July 12, 2019
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COMfortel M-520 - Instructions V03 02/2020