Common use of LICENSING OF SOFTWARE Clause in Contracts

LICENSING OF SOFTWARE. 9.1 To the extent that software is included in the scope of delivery, the Customer is granted a non-exclusive, non-transferable, non-sublicensable, worldwide right, limited to the purposes contractually agreed upon by the parties, to use the delivered software in- cluding its documentation on or for the Product intended for it, upon full payment of the respective agreed remuneration. Use of the software on other (possibly also addi- tional) products or systems is not covered by the rights granted to the Customer. In principle, the Customer is also not entitled to receive the associated object or source code, unless its provision to the Customer was separately agreed in writing. 9.2 Unless expressly agreed otherwise, the software delivered by XXXX is standard soft- ware which was not tailored or adjusted to meet the specific needs of the Customer. Therefore, the provisions of the purchase agreement generally apply to the supply of the software by XXXX. 9.3 In the case of software from third-party manufacturers/upstream suppliers, XXXX will only provide the Customer with the original user documentation of the respective manufacturer/upstream supplier. XXXX is not required to deliver any additional doc- umentation. Documentation can also be provided online (e.g. as an online help page). 9.4 If software from a third-party manufacturer/upstream supplier forms part of the service owed by XXXX, the Customer may also only use such software in accordance with the terms of licence/use of the respective manufacturer/upstream supplier; on request by XXXX, it must confirm its acceptance of these terms, also in relation to the respec- tive manufacturer/upstream supplier, in writing. These terms of licence/use will be provided to the Customer on request even before conclusion of the contract. 9.5 All rights to the software and the documentation, including copies, not expressly trans- ferred to the Customer by XXXX within the context of this clause 9 will remain with XXXX or the manufacturer/upstream supplier of the software. 9.6 The Customer undertakes, in particular, not to modify, reproduce or create derivative works of the software, not to rent it out, make it publicly available or otherwise dis- tribute it without XXXX'x express consent. The Customer may only perform the acts referred to in section 69d German Act on Copyright and Related Rights (UrhG) under the circumstances described therein and may not otherwise reverse engineer, decom- pile, disassemble or otherwise use the software to create other software products or attempt to reveal the source code, system architecture or algorithms of the software. The Customer must also install all software updates provided free of charge by XXXX or the respective manufacturer/upstream supplier. The Customer undertakes not to re- move or to alter manufacturer's data, in particular copyright marks, without XXXX'x prior express consent. 9.7 The software delivered by XXXX may contain other software that is subject to an "open source" or "free software" licence ("Open Source Software"). XXXX is enti- tled to include the Open Source Software in the software and the Customer is entitled to use it as part of the software. However, the rights of use granted within the frame- work of this clause 9 do not apply to the Open Source Software contained in the soft- ware. Instead, the terms of the respective open source software licence apply to the Open Source Software. No provision contained in these GTC limits the rights of the Customer under an open source software licence or grants the Customer rights that conflict with or supersede an open source software licence. In certain cases, XXXX is required, in accordance with the terms of licence of the respective Open Source Soft- ware, to provide the Customer with copies of the source codes of Open Source Soft- ware, the applicable terms of licence and/or other information. In such case, the Cus- tomer may obtain these copies of the relevant Open Source Software, licence terms and/or other information by sending a request to XXXX. 9.8 If the Customer declares withdrawal from the contract, the Customer's right to use software licensed or otherwise provided by XXXX will end. Within the context of the retransfer, the Customer must, at XXXX'x discretion, (i) return all software, including any copies made, to XXXX, or (ii) destroy it and confirm this in writing to XXXX.

LICENSING OF SOFTWARE. 9.1 To the extent that software is included in the scope of delivery, the Customer is granted a non-exclusive, non-transferable, non-sublicensable, worldwide right, limited to the purposes contractually agreed upon by the parties, to use the delivered software in- cluding including its documentation on or for the Product intended for it, upon full payment of the respective agreed remuneration. Use of the software on other (possibly also addi- tionaladditional) products or systems is not covered by the rights granted to the Customer. In principle, the Customer is also not entitled to receive the associated object or source code, unless its provision to the Customer was separately agreed in writing. 9.2 Unless expressly agreed otherwise, the software delivered by XXXX XXXXXXX is standard soft- ware software which was not tailored or adjusted to meet the specific needs of the Customer. Therefore, the provisions of the purchase agreement generally apply to the supply of the software by XXXXXXXXXXX. 9.3 In the case of software from third-party manufacturers/upstream suppliers, XXXX WALTHER will only provide the Customer with the original user documentation of the respective manufacturer/upstream supplier. XXXX XXXXXXX is not required to deliver any additional doc- umentationdocumentation. Documentation can also be provided online (e.g. as an online help page). 9.4 If software from a third-party manufacturer/upstream supplier forms part of the service owed by XXXXXXXXXXX, the Customer may also only use such software in accordance with the terms of licence/use of the respective manufacturer/upstream supplier; on request by XXXXXXXXXXX, it must confirm its acceptance of these terms, also in relation to the respec- tive respective manufacturer/upstream supplier, in writing. These terms of licence/use will be provided to the Customer on request even before conclusion of the contract. 9.5 All rights to the software and the documentation, including copies, not expressly trans- ferred transferred to the Customer by XXXX XXXXXXX within the context of this clause 9 will remain with XXXX WALTHER or the manufacturer/upstream supplier of the software. 9.6 The Customer undertakes, in particular, not to modify, reproduce or create derivative works of the software, not to rent it out, make it publicly available or otherwise dis- tribute distribute it without XXXX'x XXXXXXX'x express consent. The Customer may only perform the acts referred to in section 69d German Act on Copyright and Related Rights (UrhG) under the circumstances described therein and may not otherwise reverse engineer, decom- piledecompile, disassemble or otherwise use the software to create other software products or attempt to reveal the source code, system architecture or algorithms of the software. The Customer must also install all software updates provided free of charge by XXXX XXXXXXX or the respective manufacturer/upstream supplier. The Customer undertakes not to re- move remove or to alter manufacturer's data, in particular copyright marks, without XXXX'x XXXXXXX'x prior express consent. 9.7 The software delivered by XXXX XXXXXXX may contain other software that is subject to an "open source" or "free software" licence ("Open Source Software"). XXXX XXXXXXX is enti- tled entitled to include the Open Source Software in the software and the Customer is entitled to use it as part of the software. However, the rights of use granted within the frame- work framework of this clause 9 do not apply to the Open Source Software contained in the soft- waresoftware. Instead, the terms of the respective open source software licence apply to the Open Source Software. No provision contained in these GTC limits the rights of the Customer under an open source software licence or grants the Customer rights that conflict with or supersede an open source software licence. In certain cases, XXXX WALTHER is required, in accordance with the terms of licence of the respective Open Source Soft- wareSoftware, to provide the Customer with copies of the source codes of Open Source Soft- wareSoftware, the applicable terms of licence and/or other information. In such case, the Cus- tomer Customer may obtain these copies of the relevant Open Source Software, licence terms and/or other information by sending a request to XXXXXXXXXXX. 9.8 If the Customer declares withdrawal from the contract, the Customer's right to use software licensed or otherwise provided by XXXX XXXXXXX will end. Within the context of the retransfer, the Customer must, at XXXX'x XXXXXXX'x discretion, (i) return all software, including any copies made, to XXXXWALTHER, or (ii) destroy it and confirm this in writing to XXXXXXXXXXX.

LICENSING OF SOFTWARE. 9.1 To the extent that software is included in the scope of delivery, the Customer is granted a non-exclusive, non-transferable, non-sublicensable, worldwide right, limited to the purposes contractually agreed upon by the parties, to use the delivered software in- cluding including its documentation on or for the Product intended for it, upon full payment of the respective agreed remuneration. Use of the software on other (possibly also addi- tional) products or systems is not covered by the rights granted to the Customer. In principle, the Customer is also not entitled to receive the associated object or source code, unless its provision to the Customer was separately agreed in writing. 9.2 Unless expressly agreed otherwise, the software delivered by XXXX is standard soft- ware software which was not tailored or adjusted to meet the specific needs of the Customer. Therefore, the provisions of the purchase agreement generally apply to the supply of the software by XXXX. 9.3 In the case of software from third-party manufacturers/upstream suppliers, XXXX will only provide the Customer Cus- tomer with the original user documentation of the respective manufacturer/upstream supplier. XXXX is not required to deliver any additional doc- umentationdocumentation. Documentation can also be provided online (e.g. as an online on- line help page). 9.4 If software from a third-party manufacturer/upstream supplier forms part of the service owed by XXXX, the Customer may also only use such software in accordance with the terms of licence/use of the respective manufacturer/upstream supplier; on request by XXXX, it must confirm its acceptance of these terms, also in relation to the respec- tive respective manufacturer/upstream supplier, in writing. These terms of licence/use will be provided pro- vided to the Customer on request even before conclusion of the contract. 9.5 All rights to the software and the documentation, including copies, not expressly trans- ferred transferred to the Customer by XXXX within the context of this clause 9 will remain with XXXX or the manufacturer/upstream supplier of the software. 9.6 The Customer undertakes, in particular, not to modify, reproduce or create derivative works of the software, not to rent it out, make it publicly available or otherwise dis- tribute distribute it without XXXX'x XXXX’x express consent. The Customer may only perform the acts referred to in section 69d German Act on Copyright and Related Rights (UrhG) under the circumstances described therein and may not otherwise reverse engineer, decom- piledecompile, disassemble disas- semble or otherwise use the software to create other software products or attempt to reveal the source code, system architecture or algorithms of the software. The Customer must also install all software updates provided pro- vided free of charge by XXXX or the respective manufacturer/upstream supplier. The Customer undertakes not to re- move remove or to alter manufacturer's ’s data, in particular copyright marks, without XXXX'x XXXX’x prior express consent. 9.7 The software delivered by XXXX may contain other software that is subject to an "“open source" ” or "“free software" soft- ware” licence ("“Open Source Software"”). XXXX is enti- tled entitled to include the Open Source Software in the software soft- ware and the Customer is entitled to use it as part of the software. However, the rights of use granted within the frame- work framework of this clause 9 do not apply to the Open Source Software contained in the soft- waresoftware. Instead, the terms of the respective open source software licence apply to the Open Source Software. No provision contained in these GTC limits the rights of the Customer under an open source software licence or grants the Customer rights that conflict with or supersede an open source software licence. In certain cases, XXXX is required, in accordance with the terms of licence of the respective Open Source Soft- wareSoftware, to provide the Customer with copies of the source codes of Open Source Soft- wareSoftware, the applicable terms of licence and/or other information. In such case, the Cus- tomer Customer may obtain these copies of the relevant Open Source Software, licence terms and/or other information by sending a request to XXXX. 9.8 If the Customer declares withdrawal from the contract, the Customer's ’s right to use software licensed or otherwise oth- erwise provided by XXXX will end. Within the context of the retransfer, the Customer must, at XXXX'x discretionXXXX’x discre- tion, (i) return all software, including any copies made, to XXXX, or (ii) destroy it and confirm this in writing to XXXX.

LICENSING OF SOFTWARE. 9.1 To the extent that software is included in the scope of delivery, the Customer is granted a non-exclusive, non-transferable, non-sublicensable, worldwide right, limited to the purposes contractually agreed upon by the parties, to use the delivered software in- cluding including its documentation on or for the Product intended for it, upon full payment of the respective agreed remuneration. Use of the software on other (possibly also addi- tionaladditional) products or systems is not covered by the rights granted to the Customer. In principle, the Customer is also not entitled to receive the associated object or source code, unless its provision to the Customer was separately agreed in writing. 9.2 Unless expressly agreed otherwise, the software delivered by XXXX WT is standard soft- ware software which was not tailored or adjusted to meet the specific needs of the Customer. Therefore, the provisions of the purchase agreement generally apply to the supply of the software by XXXXWT. 9.3 In the case of software from third-party manufacturers/upstream suppliers, XXXX WT will only provide the Customer with the original user documentation of the respective manufacturer/upstream supplier. XXXX WT is not required to deliver any additional doc- umentationdocumentation. Documentation can also be provided online (e.g. as an online help page). 9.4 If software from a third-party manufacturer/upstream supplier forms part of the service owed by XXXXWT, the Customer may also only use such software in accordance with the terms of licence/use of the respective manufacturer/upstream supplier; on request by XXXXWT, it must confirm its acceptance of these terms, also in relation to the respec- tive respective manufacturer/upstream supplier, in writing. These terms of licence/use will be provided to the Customer on request even before conclusion of the contract. 9.5 All rights to the software and the documentation, including copies, not expressly trans- ferred transferred to the Customer by XXXX WT within the context of this clause 9 will remain with XXXX WT or the manufacturer/upstream supplier of the software. 9.6 The Customer undertakes, in particular, not to modify, reproduce or create derivative works of the software, not to rent it out, make it publicly available or otherwise dis- tribute distribute it without XXXX'x WT's express consent. The Customer may only perform the acts referred to in section 69d German Act on Copyright and Related Rights (UrhG) under the circumstances described therein and may not otherwise reverse engineer, decom- piledecompile, disassemble or otherwise use the software to create other software products or attempt to reveal the source code, system architecture or algorithms of the software. The Customer must also install all software updates provided free of charge by XXXX WT or the respective manufacturer/upstream supplier. The Customer undertakes not to re- move remove or to alter manufacturer's data, in particular copyright marks, without XXXX'x WT's prior express consent. 9.7 The software delivered by XXXX WT may contain other software that is subject to an "open source" or "free software" licence ("Open Source Software"). XXXX WT is enti- tled entitled to include the Open Source Software in the software and the Customer is entitled to use it as part of the software. However, the rights of use granted within the frame- work framework of this clause 9 do not apply to the Open Source Software contained in the soft- waresoftware. Instead, the terms of the respective open source software licence apply to the Open Source Software. No provision contained in these GTC limits the rights of the Customer under an open source software licence or grants the Customer rights that conflict with or supersede an open source software licence. In certain cases, XXXX WT is required, in accordance with the terms of licence of the respective Open Source Soft- wareSoftware, to provide the Customer with copies of the source codes of Open Source Soft- wareSoftware, the applicable terms of licence and/or other information. In such case, the Cus- tomer Customer may obtain these copies of the relevant Open Source Software, licence terms and/or other information by sending a request to XXXXWT. 9.8 If the Customer declares withdrawal from the contract, the Customer's right to use software licensed or otherwise provided by XXXX WT will end. Within the context of the retransfer, the Customer must, at XXXX'x WT's discretion, (i) return all software, including any copies made, to XXXXWT, or (ii) destroy it and confirm this in writing to XXXXWT.

LICENSING OF SOFTWARE. 9.1 To the extent that software is included in the scope of delivery, the Customer is granted a non-exclusive, non-transferable, non-sublicensable, worldwide right, limited to the purposes contractually agreed upon by the parties, to use the delivered software in- cluding its documentation on or for the Product intended for it, upon full payment of the respective agreed remuneration. Use of the software on other (possibly also addi- tional) products or systems is not covered by the rights granted to the Customer. In principle, the Customer is also not entitled to receive the associated object or source code, unless its provision to the Customer was separately agreed in writing. 9.2 Unless expressly agreed otherwise, the software delivered by XXXX is standard soft- ware which was not tailored or adjusted to meet the specific needs of the Customer. Therefore, the provisions of the purchase agreement generally apply to the supply of the software by XXXX. 9.3 In the case of software from third-party manufacturers/upstream suppliers, XXXX will only provide the Customer with the original user documentation of the respective manufacturerman- ufacturer/upstream supplier. XXXX is not required to deliver any additional doc- umentationdocumen- tation. Documentation can also be provided online (e.g. as an online help page). 9.4 If software from a third-party manufacturer/upstream supplier forms part of the service owed by XXXX, the Customer may also only use such software in accordance with the terms of licence/use of the respective manufacturer/upstream supplier; on request by XXXX, it must confirm its acceptance of these terms, also in relation to the respec- tive respective manufacturer/upstream supplier, in writing. These terms of licence/use will be provided to the Customer on request even before conclusion of the contract. 9.5 All rights to the software and the documentation, including copies, not expressly trans- ferred to the Customer by XXXX within the context of this clause 9 will remain with XXXX or the manufacturer/upstream supplier of the software. 9.6 The Customer undertakes, in particular, not to modify, reproduce or create derivative works of the software, not to rent it out, make it publicly available or otherwise dis- tribute it without XXXX'x express consent. The Customer may only perform the acts referred to in section 69d German Act on Copyright and Related Rights (UrhG) under the circumstances described therein and may not otherwise reverse engineer, decom- pile, disassemble or otherwise use the software to create other software products or attempt to reveal the source code, system architecture or algorithms of the software. The Customer must also install all software updates provided free of charge by XXXX or the respective manufacturer/upstream supplier. The Customer undertakes not to re- move or to alter manufacturer's data, in particular copyright marks, without XXXX'x prior express consent. 9.7 The software delivered by XXXX may contain other software that is subject to an "open source" or "free software" licence ("Open Source Software"). XXXX is enti- tled to include the Open Source Software in the software and the Customer is entitled to use it as part of the software. However, the rights of use granted within the frame- work of this clause 9 do not apply to the Open Source Software contained in the soft- ware. Instead, the terms of the respective open source software licence apply to the Open Source Software. No provision contained in these GTC limits the rights of the Customer under an open source software licence or grants the Customer rights that conflict with or supersede an open source software licence. In certain cases, XXXX is required, in accordance with the terms of licence of the respective Open Source Soft- ware, to provide the Customer with copies of the source codes of Open Source Soft- ware, the applicable terms of licence and/or other information. In such case, the Cus- tomer may obtain these copies of the relevant Open Source Software, licence terms and/or other information by sending a request to XXXX. 9.8 If the Customer declares withdrawal from the contract, the Customer's right to use software licensed or otherwise provided by XXXX will end. Within the context of the retransfer, the Customer must, at XXXX'x discretion, (i) return all software, including any copies made, to XXXX, or (ii) destroy it and confirm this in writing to XXXX.