Important Information
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COMfortel M-730 - Instructions V01 06/2021
purchased by Customer, e.g. whether it is a Floating User License or a Named User License, are specified in the Agreement,
otherwise by this EULA.
1.11.
License Terms
is a generic term for this EULA, any Third-Party License Terms as well as any Open Source Licenses as
further specified in the Agreement, such as regarding the type of license or the licensed Users/Clients.
1.12.
License Key
means one or several License Key(s) or license certificate(s) which represent the purchased License and
which are used to activate or unlock a function or the extension level of a function in the respective device or the respective Soft
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ware, e.g. to increase the number of permitted Users. Depending on the License, the Software may be generally unlocked for
unlimited use or for the purchased number of Floating User Licenses or Named User Licenses. Depending on the product, the
Software or software extension required for the function must first be installed before the relevant function can be activated using
the License Key.
1.13.
Named User License
means a License that defines exactly which User or Client may use the Software in question, e.g.
Server Software. Each User or Client is defined individually and receives their own password. In the case of ten (10) Named User
Licenses, only those ten Users may use the Software, but all of them may do so concurrently. This license model is to be distin
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guished from Floating User Licenses, where typically any number of Users/Clients can be created, but only the licensed number
of Users/Clients may use the software concurrently.
1.14.
Open Source License
means License Terms for Software, which grant the User rights of use to such Software in excess
of the right to use the Software (including free of charge) that are usually reserved to the owner of the copyright to the Software,
e.g. the right to edit the Software, to combine it with other applications or to sell the Software or a version derived from it and
where the relevant License Terms require that at least one of the following conditions is met:
a) the source code or design information must be made available to anyone upon request,
b) the User is granted the right to edit the original or an edited version of the Software,
c) the User must grant a free license to use the intellectual property rights to the Software to any person or third party so request
-
ing, even if it has been edited by the User,
d) the owner of the copyright of the unedited Open Source Software must be indicated (copyright notice).
Open Source Licenses within the meaning of this definition include, without limitation, the GNU General Public License (GPL)
license family, the GNU Lesser General Public License (LGPL) and the Berkeley Software Distribution License (BSD) license
family.
1.15.
Open Source Software
refers to a Software licensed under an Open Source License which either:
a) is distributed only as source code, or
b) is available in executable object code form and where the source code is delivered together with the executable code, or
c) where the source code is made available free of charge (except for shipping and delivery costs).
1.16.
Product Instance
means a copy of the Server Software running on the server. Depending on the product and server used,
several Product Instances of a Server Software product may be operated on one server.
1.17.
Server Software
means Software intended for use by multiple Users or Clients which is installed on a server. The Users
or Clients typically access the Server Software via network connections (e.g. LAN, WLAN) in order to use the functionalities of
the Server Software.
1.18.
Software
means the computer programs, files as well as data carriers, if applicable, provided to the customer pursuant to
the Agreement and the provisions of this EULA, including, if applicable, any updates, upgrades, bug fixes, modified versions,
additions and copies provided for such purpose. The Software may be delivered as Firmware together with a device or may be
used for a specific type of device only. Software is generally provided in executable form (object code) only. For the purpose of
this EULA, the accompanying Documentation is deemed a component of the Software. The Open Source Software delivered
together with the Software as well as Third-Party Software also fall under this definition of
Software
; however, the Third-Party
License Terms or Open Source Licenses apply. The latter, in particular, may provide that the source code is made available to
the customer.
1.19.
Trial Version
is a version of the Software that is provided for testing purposes. In this EULA, the provisions in clause 8 take
precedence in this regard.
1.20.
Update
means a version of a computer program that contains bug fixes and minor functional optimizations. Auerswald
determines at its own discretion whether an Update is published as an independently installable version of the computer program
(release) or as a component to be installed additionally. Depending on the product, an Update requires an existing and properly
licensed installation of the Software or a running trial mode. An Update typically is identified by increasing the release number
after the main version number ( e.g. "version 1.0.2" instead of "version 1.0.1").
1.21.
Upgrade
means a version of the computer program that contains new and/or enhanced functionality for older versions. In
some cases, it may also include bug fixes. Auerswald may decide at its own discretion whether an Upgrade requires a license
for certain older versions of the Software that are eligible for Upgrade. Typically, an Upgrade is identified by increasing of the
main version number (e. g. "version 2.0.0" instead of "version 1.0.2").
1.22.
User
or
Client
means an entity which is able to access a server and one or more of several Product Instances of a Server
Software running on it. Depending on the product, a User may be an individual, but also an identity/function (administrator) or a
physical (e.g. fax) or virtual device (e.g. conference call room). The type and number of Users/Clients authorized to use the Server
Software is defined in the Agreement by which the respective product is provided to the Customer.
1.23.
Affiliated Companies
are defined as companies which, as defined in Section 15 set seqq. of the German Stock Corpora
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tion Act (Aktiengesetz, AktG) are affiliated with Auerswald or with the Client. Where the AktG does not apply,
affiliated company
means any organizationally independent entity that directly or indirectly controls Auerswald or the Customer, is controlled by one
of them or is under common control by another party.
Control
is understood as the ability to govern or direct management and
organization of a company, either by a majority of voting rights, by contract or otherwise.
1.24.
Agreement
is the separate agreement (e.g. a software transfer agreement) under which the Customer has obtained the
Software and, if applicable, other Auerswald products from Auerswald or an Auerswald Partner. For the purposes of this EULA,
the definition includes only own products of Auerswald as well as Third-Party Software that can be procured from Auerswald. No
other products are covered.
2. General License Provisions
2.1 The Customer is granted a right to use the Software pursuant to the License Terms and exclusively within the scope of the
Agreement Upon conclusion of the Agreement, the Customer undertakes to comply with the License Terms.
2.2 The Customer's rights of use of the Software are governed solely by the License Terms. All other rights to the Software are
the exclusive property of Auerswald or, in the case of Third-Party Software, of the respective third-party provider or licensors of
the Open Source Software.
2.3 If the Customer purchases the Software from Auerswald, Auerswald provides the Customer with a reasonable opportunity to
take note of the Licence Terms 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. The same applies to Open Source Software or to the respective Open Source
Licenses.
2.4 By concluding the Agreement, the Customer accepts the License Terms, including those of the Open Source Licenses. It is
incumbent upon the customer to obtain knowledge of the License Terms, including those of the Open Source Licenses in advance
pursuant to clause 2.3 and/or clause 3.
2.5 Unless expressly stipulated otherwise in the Agreement, the Customer will receive only rights of use to the object code of the
Software, i.e. to the executable machine-readable form of the Software. There will be no claim to providing the source code.
Cases where the product in question requires the provision of source code are excepted, e.g. scripts. The Customer's rights under
Open Source Licenses will also remain unaffected.
2.6 Unless expressly agreed otherwise in the Agreement, the Customer will be given the non-exclusive right to use the Software,
