Common use of Obligations of Licensor Clause in Contracts

Obligations of Licensor. 2.1 Licensor does not warrant that availability of the Software, its functions and/or Licensor’s servers will be uninterrupted or always error-free. Clause 2.10 shall apply. 2.2 Licensor shall make the Software available to Licensee in an executable form (object code) for download on the Internet. 2.3 Licensee is not entitled to the source code of the Software or parts thereof. 2.4 Licensee may access the user manual available via xxxxx://xxxxxxx0x.xxx/system- 2.5 Unless explicitly stated herein, Licensor shall not be responsible for installing the Software on Licensee’s infrastructure and/or assisting in such process. 2.6 Licensor is not obliged to provide any consulting, parameterization, customizing, migration, training, programming or other Licensee-specific project services (collectively referred to as “Services”) unless explicitly agreed upon by the Parties in writing. 2.7 In order to start and use the Software, Licensee must arrange for a sufficiently powerful Internet connection between Licensee’s IT-systems and Licensor’s server in order to verify the license of the Licensee and to use the Cloud Services. Depending on the type of license, Internet access for license verification may be necessary every 24 hours. During this 24-hour period, Internet access solely is necessary for use of the Cloud Services. 2.8 Licensor shall be entitled to use the Software on its own IT-systems and third-party systems – provided that these third-party systems are controlled by or exclusively assigned to Licensee and/or Licensee’s agents/employees – and may freely subcontract obligations under this XXXX. 2.9 Licensor shall be responsible for the availability of the server(s) necessary to allow Licensee to use the Software up to a suitable connection point to the Internet that Licensor shall determine ("Service Delivery Point"). The license provided by this XXXX does not include further Internet connection to the access point of the Licensee. 2.10 Licensor shall use commercially reasonable efforts to maintain the availability of the licensing server(s) for 99% per calendar month (“Agreed Availability”). The licensing server shall be deemed available if accessible and correctly responding when contacted from the Service Delivery Point (“Availability”). Non-availability due to force majeure and other reasons outside of the responsibility of Licensor and Scheduled Downtimes (see Sec. 2.11) are not taken into account for the calculation of the Availability if Scheduled Downtimes (1) are announced to Licensee by e- mail without undue delay but at least 48 hours prior to commencement (if Licensee has not waived such announcements) and (2) are scheduled for Saturdays, Sundays or public holidays (at Licensor's place of business), and (3) do not exceed a maximum of eight hours per calendar month. If in any given calendar month, the Availability falls short of the Agreed Availability for reasons imputable to Licensor, Licensor will, upon Licensee’s request, to be made within three months of the end of the respective calendar month, offer a discount on recurring fees, which, during the term of this XXXX, shall be offset against future recurring fees and only in the event of termination be payable in cash. Such discount shall be 1/720 of the monthly license fee per seat for every hour and licensed seat that could not be used due to unavailability of the license server but in no case more than Licensee has actually paid for the licensed seat that could not be used for the respective month. The discount shall fully settle any reduction right under Sec. 536 of the German Civil Code. Claims in damages as referred to in Sec. 9 below; Licensor’s obligation to resolve the Non-Conformity under Sec. 7 shall remain unaffected. The foregoing shall not be deemed an express warranty, guarantee or guarantee of properties. 2.11 In order to carry out updates, configuration changes and certain maintenance work, it is necessary to take the licensing server out of operation for a specific period of time (“Scheduled Downtimes”). Scheduled Downtimes are communicated by Licensor via its website and communicated to Licensee via e-mail (unless Licensee has opted out from this information). In case Licensee has opted out from receiving such information via e-mail, communication of Scheduled Downtimes via Licensor’s website shall be deemed sufficient. Licensee is usually given notice of Scheduled Downtimes two weeks in advance. In urgent and exceptional cases, it may be necessary to arrange a Scheduled Downtime on shorter notice, e.g. in case of severe unexpected network traffic on the server like DoS/DDoS attacks or (attempted) unlawful intrusion of a third party on the server. 2.12 Licensor cannot guarantee the same feature set of the Software for all supported Underlying Software solutions and their versions based on the differences between the Underlying Software solutions itself. Therefore, the feature set of the Software can differ between the Underlying Software solutions and their versions. A specific feature is only contractually agreed if Licensor has specified it as available for the respective combination of version of the Software and version of the Underlying Software. 2.13 Licensor strives to regularly – usually every three months – publish new versions of the Software with new functionality (“Upgrades”), but shall not be obliged to do so. Any Upgrades provided are compatible only with the versions of Underlying Software being communicated by Licensor as compatible at the time the Upgrade is made available for download; Licensee therefore is made aware that upgraded Software may be used only with these versions of the Underlying Software. 2.14 Licensor will strive to provide the Licensee advance notice of any Update or Upgrade that may require changes to the Licensee’s hardware or software environment. 2.15 To the maximum extent permitted by applicable law and except as provided otherwise in the XXXX, Licensor is providing the Software “as is” without warranty of any kind including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty or representation about the results from the use of the Software. Secs. 7 and 9 apply.

Obligations of Licensor. 2.1 Licensor does not warrant that availability of the Software, its functions and/or Licensor’s servers will be uninterrupted or always error-free. Clause 2.10 shall apply. 2.2 Licensor shall make the Software available to Licensee in an executable form (object code) for download on the Internet. 2.3 Licensee is not entitled to the source code of the Software or parts thereof. 2.4 Licensee may access the user manual available via xxxxx://xxxxxxx0x.xxx/system-xxxxx://xxxxxxx0x.xxx/system- requirements/. The technical requirements and specifications set forth therein shall at all times be observed by Licensee. No other documentation shall be due unless explicitly agreed upon in writing. 2.5 Unless explicitly stated herein, Licensor shall not be responsible for installing the Software on Licensee’s infrastructure and/or assisting in such process. 2.6 Licensor is not obliged to provide any consulting, parameterization, customizing, migration, training, programming or other Licensee-specific project services (collectively referred to as “Services”) unless explicitly agreed upon by the Parties in writing. 2.7 In order to start and use the Software, Licensee must arrange for a sufficiently powerful Internet connection between Licensee’s IT-systems and Licensor’s server in order to verify the license of the Licensee and to use the Cloud Services. Depending on the type of license, Internet access for license verification may be necessary every 24 hours. During this 24-24 hour period, Internet access solely is necessary for use of the Cloud Services. 2.8 Licensor shall be entitled to use the Software on its own IT-systems and third-party systems – provided that these third-third party systems are controlled by or exclusively assigned to Licensee and/or Licensee’s agents/employees – and may freely subcontract obligations under this XXXX. 2.9 Licensor shall be responsible for the availability of the server(s) necessary to allow Licensee to use the Software up to a suitable connection point to the Internet that Licensor shall determine ("Service Delivery Point"). The license provided by this XXXX does not include further Internet connection to the access point of the Licensee. 2.10 Licensor shall use commercially reasonable efforts to maintain the availability of the licensing server(s) for 99% per calendar month (“Agreed Availability”). The licensing server shall be deemed available if accessible and correctly responding when contacted from the Service Delivery Point (“Availability”). Non-availability due to force majeure and other reasons outside of the responsibility of Licensor and Scheduled Downtimes (see Sec. 2.11) are not taken into account for the calculation of the Availability if Scheduled Downtimes (1) are announced to Licensee by e- e-mail without undue delay but at least 48 hours prior to commencement (if Licensee has not waived such announcements) and (2) are scheduled for Saturdays, Sundays or public holidays (at Licensor's place of business), and (3) do not exceed a maximum of eight hours per calendar month. If in any given calendar month, the Availability falls short of the Agreed Availability for reasons imputable to Licensor, Licensor will, upon Licensee’s request, to be made within three months of the end of the respective calendar month, offer a discount on recurring fees, which, during the term of this XXXX, shall be offset against future recurring fees and only in the event of termination be payable in cash. Such discount shall be 1/720 of the monthly license fee per seat for every hour and licensed seat that could not be used due to unavailability of the license server but in no case more than Licensee has actually paid for the licensed seat that could not be used for the respective month. The discount shall fully settle any reduction right under Sec. 536 of the German Civil Code. Claims in damages as referred to in Sec. 9 below; Licensor’s obligation to resolve the Non-Conformity under Sec. 7 shall remain unaffected. The foregoing shall not be deemed an express warranty, guarantee or guarantee of properties. 2.11 In order to carry out updates, configuration changes and certain maintenance work, it is necessary to take the licensing server out of operation for a specific period of time (“Scheduled Downtimes”). Scheduled Downtimes are communicated by Licensor via its website and communicated to Licensee via e-mail (unless Licensee has opted out from this information). In case Licensee has opted out from receiving such information via e-e- mail, communication of Scheduled Downtimes via Licensor’s website shall be deemed sufficient. Licensee is usually given notice of Scheduled Downtimes two weeks in advance. In urgent and exceptional cases, it may be necessary to arrange a Scheduled Downtime on shorter notice, e.g. in case of severe unexpected network traffic on the server like DoS/DDoS attacks or (attempted) unlawful intrusion of a third party on the server. 2.12 Licensor cannot guarantee the same feature set of the Software for all supported Underlying Software solutions and their versions based on the differences between the Underlying Software solutions itself. Therefore, the feature set of the Software can differ between the Underlying Software solutions and their versions. A specific feature is only contractually agreed if Licensor has specified it as available for the respective combination of version of the Software and version of the Underlying Software. 2.13 Licensor strives to regularly – usually every three months – publish new versions of the Software with new functionality (“Upgrades”), but shall not be obliged to do so. Any Upgrades provided are compatible only with the versions of Underlying Software being communicated by Licensor as compatible at the time the Upgrade is made available for download; Licensee therefore is made aware that upgraded Software may be used only with these versions of the Underlying Software. 2.14 Licensor will strive to provide the Licensee advance notice of any Update or Upgrade that may require changes to the Licensee’s hardware or software environment. 2.15 To the maximum extent permitted by applicable law and except as provided otherwise in the XXXX, Licensor is providing the Software “as is” without warranty of any kind including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty or representation about the results from the use of the Software. Secs. 7 and 9 apply.

Obligations of Licensor. 2.1 Licensor does not warrant that availability of the Software, its functions and/or Licensor’s servers Software will be uninterrupted or always error-free. Clause 2.10 shall apply. 2.2 Licensor shall make the Software available to Licensee in an executable form (object code) for the Underlying Software. Licensor shall deliver the Software to Licensee by making it available for download on the Internet. 2.3 Licensee is not entitled to the source code of the Software or parts thereofSoftware. 2.4 Licensee may access the user manual available via xxxxx://xxxxxxx0x.xxx/system-xxxxx://xxxxxxx0x.xxx/knowledgebase/. No other documentation shall be due unless explicitly agreed upon in writing. 2.5 Unless explicitly stated herein, Licensor Licensee shall not be responsible for installing install the Software on Licensee’s infrastructure and/or assisting in such processSoftware. 2.6 Licensor is not obliged to provide any consulting, parameterization, customizing, migration, training, programming or other Licensee-specific project services (collectively referred to as “Services”) unless explicitly agreed upon by the Parties in writing. 2.7 In order to start and use the Software, Licensee must arrange for a sufficiently powerful Internet connection between Licensee’s IT-systems and Licensor’s server in order to verify the license of the Licensee and to use the Cloud Services. Depending on the type of license, Internet access for license verification may be necessary every 24 hours. During this 24-24 hour period, Internet access solely is necessary for use of the Cloud Services. 2.8 Licensor shall be entitled to use the Software on its own IT-systems and third-party systems – provided that these third-party systems are controlled by or exclusively assigned to Licensee and/or Licensee’s agents/employees – and may freely subcontract obligations under this XXXX. 2.9 Licensor shall be responsible for the availability of the server(s) necessary to allow Licensee to use the Software server up to a suitable connection point to the Internet that Licensor shall determine ("Service Delivery Point"). The license provided by this XXXX does not include further Internet connection to of the access point of the Licensee. 2.10 Licensor shall use commercially reasonable efforts to maintain the availability of the licensing server(s) server for 99% per calendar month (“Agreed Availability”). The licensing server shall be deemed available if accessible and correctly responding when contacted from the Service Delivery Point (“Availability”). Non-availability due to force majeure and other reasons outside of the responsibility of Licensor and Scheduled Downtimes (see Secsec. 2.112.12) are not taken into account for the calculation of the Availability if Scheduled Downtimes (1) are announced to Licensee by e- e-mail without undue delay but at least 48 hours prior to commencement (if Licensee has not waived such announcements) and (2) are scheduled for Saturdays, concern Saturdays or Sundays or public holidays (at Licensor's place of business), and but for (3) do not exceed a maximum of eight hours per calendar month. If in any given calendar month, the Availability falls short of the Agreed Availability for reasons imputable to Licensor, Licensor will, upon on Licensee’s request, request to be made within three months of the end of the respective calendar month, offer a discount on recurring fees, which, during the term of this XXXXAgreement, shall be offset against future recurring fees and only in the event of termination be payable in cash. Such discount shall be 1/720 of the monthly license fee per seat for every hour and licensed seat that could not be used due to unavailability of the license server but in no case more than Licensee has actually paid for the licensed seat that could not be used for the respective month. The This discount shall fully settle be in full settlement of any reduction right under Sec. 536 of the German Civil Codeclaim by Licensee, including for a refund or fee reduction, in connection with any shortfall in Agreed Availability. Claims in damages as referred to in Sec. 9 below; below as well as Licensor’s obligation to resolve the Non-Conformity under Sec. 7 shall remain unaffected. The foregoing shall not be deemed an express warranty, guarantee or guarantee of properties. 2.11 In order to carry out updates, configuration changes and certain maintenance work, it is necessary to take the licensing server out of operation for a specific period of time time, which (“Scheduled Downtimes”). Scheduled Downtimes are communicated by Licensor via its website and communicated to Licensee via e-mail (unless Licensee has opted out from this information). In case Licensee has opted out from receiving such information via e-mail, communication of Scheduled Downtimes via Licensor’s website shall be deemed sufficient. Licensee is usually given notice of Scheduled Downtimes two weeks in advance. In urgent and exceptional cases, it may be necessary to arrange a Scheduled Downtime on shorter notice, e.g. in case of severe unexpected network traffic on the server like DoS/DDoS attacks or (attempted) unlawful intrusion of a third party on the server. 2.12 Licensor cannot guarantee the same feature set of the Software for all supported Underlying Software solutions and their versions based on the differences between the Underlying Software solutions itself. Therefore, the feature set of the Software software can differ between the Underlying underlying Software solutions Solutions and their versions. A specific feature is only contractually agreed owed if Licensor has specified it as available for the respective combination of version of the Software and version of the Underlying Software. 2.13 Licensor strives to regularly – usually every three months – publish new versions of the Software with new functionality (“Upgrades”), but shall not be obliged to do so. Any Upgrades provided are compatible only with the versions of Underlying Software being communicated by Licensor as compatible at the time the Upgrade is made available for download; Licensee therefore is made aware that upgraded Software may be used only with these versions of the Underlying Software. 2.14 Licensor will strive to provide the Licensee advance notice of any Update or Upgrade that may require changes to the Licensee’s hardware or software environment. 2.15 To the maximum extent permitted by applicable law and except as provided otherwise in the XXXX, Licensor is providing the Software “as is” without warranty of any kind including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty or representation about the results from the use of the Software. Secs. 7 and 9 apply.

Obligations of Licensor. 2.1 Licensor does not warrant that availability of the Software, its functions and/or Licensor’s servers will be uninterrupted or always error-free. Clause 2.10 shall apply. 2.2 Licensor shall make the Software available to Licensee in an executable form (object code) for download on the Internet. 2.3 Licensee is Licenseeis not entitled to the source code of sourcecodeof the Software or parts thereof. 2.4 Licensee may access the accessthe user manual available via xxxxx://xxxxxxx0x.xxx/system- 2.5 Unless explicitly stated herein, Licensor shall not be responsible for installing the Software on Licensee’s infrastructure and/or assisting in such processsuchprocess. 2.6 Licensor is not obliged to provide any consulting, parameterization, customizing, migration, training, programming or other Licensee-specific project services (collectively referred to as “Servicesas“Services”) unless explicitly agreed upon unlessexplicitly agreedupon by the Parties in writing. 2.7 In order to start and use the Software, Licensee must arrange for a sufficiently powerful Internet connection between Licensee’s IT-systems and Licensor’s server in order to verify the license of the Licensee and to use the Cloud Services. Depending on the type of license, Internet access for accessfor license verification may be necessary every 24 hours. During this 24-hour period, Internet access solely is necessary for use of necessaryfor useof the Cloud Services. 2.8 Licensor shall be entitled to use the usethe Software on its own IT-systems and third-party systems systems– provided that these third-party systems are systemsare controlled by or exclusively assigned to Licensee and/or Licensee’s agents/employees – and may freely subcontract obligations under this subcontractobligations underthis XXXX. 2.9 Licensor shall be responsible for the availability of the server(s) necessary to necessaryto allow Licensee to use the Software up to a suitable connection point to the Internet that Licensor shall determine ("Service Delivery Point"" ). The license provided by this XXXX does not include further Internet connection to the access point of the Licensee. 2.10 Licensor shall use commercially reasonable efforts reasonableefforts to maintain the availability of the licensing server(s) for 99% per calendar month (“Agreed Availability”). The licensing server shall be deemed available if accessible and correctly responding when contacted from contactedfrom the Service Delivery Point (“Availability”). Non-availability due to force majeure and other reasons outside reasonsoutside of the responsibility of Licensor and Scheduled Downtimes (see SecseeSec. 2.112. 1) are not taken into account for the calculation of the Availability if Scheduled Downtimes (1) are announced to announcedto Licensee by e- mail without undue delay unduedelay but at least 48 hours prior to commencement (if commencement(if Licensee has not waived such announcements) and (2) are scheduled for Saturdays, Sundays or public holidays (at Licensor's place of business), and (3) do not exceed a maximum of eight hours per calendar monthcalendarmonth. If in any given calendar month, the Availability falls short of the Agreed Availability for reasons imputable reasonsimputable to Licensor, Licensor will, upon Licensee’s request, to be made within three months of the end of the respective calendar month, offer a discount on recurring fees, which, during the term of this XXXX, shall be offset against future recurring fees and only in the event of termination be payable in cash. Such discount shall be 1/720 of the monthly license fee per seat for seatfor every hour and licensed seat that could not be used due to unavailability of the license server but in no case more casemore than Licensee has actually hasactually paid for the licensed seat that seatthat could not be used for usedfor the respective month. The discount shall fully settle any reduction right under Sec. 536 Sec.536 of the German Civil GermanCivil Code. Claims in damages as damagesas referred to in Sec. 9 Sec.9 below; Licensor’s obligation to resolve the Non-Conformity under Sec. 7 shall remain unaffected. The foregoing shall not be deemed an deemedan express warranty, guarantee or guarantee of guaranteeor guaranteeof properties. 2.11 2. 1 In order to carry out updates, configuration changes and changesand certain maintenance workmaintenancework, it is necessary to necessaryto take the licensing server out of operation for a specific period of time (“Scheduled Downtimes”). Scheduled Downtimes are communicated by Licensor via its website and communicated to Licensee via e-mail (unless Licensee has opted hasopted out from this information). In case Licensee has opted caseLicenseehasopted out from receiving such information via e-mail, communication of Scheduled Downtimes via Licensor’s website shall be deemed sufficientdeemedsufficient. Licensee is usually given notice of Scheduled Downtimes two weeks in advance. In urgent and exceptional cases, it may be necessary to necessaryto arrange a Scheduled Downtime on shorter notice, e.g. in case of severe unexpected network traffic on the server like DoS/DDoS attacks or (attempted) unlawful attempted)unlawful intrusion of a third party on the server. 2.12 Licensor cannot guarantee the same feature set of the Software for all supported Underlying Software solutions and their versions based on basedon the differences between the Underlying Software solutions itself. Therefore, the feature set of the Software can differ between the betweenthe Underlying Software solutions and their versions. A specific feature is only contractually agreed if agreedif Licensor has specified it as available for the respective combination of version of the Software and version of the Underlying Software. 2.13 Licensor strives to regularly – usually every three months threemonths – publish new versions of the Software with Softwarewith new functionality (“Upgrades”), but shall not be obliged beobliged to do so. Any Upgrades provided are compatible only with the versions of Underlying Software being communicated by Licensor as compatible ascompatible at the time the Upgrade is Upgradeis made available for download; Licensee therefore is made aware that upgraded Software may be used only maybe usedonly with these versions theseversions of the Underlying Software. 2.14 Licensor will strive to provide the Licensee advance notice of any Update or Upgrade that may require changes to the Licensee’s hardware or software environment. 2.15 To the maximum extent permitted by applicable law and except as provided otherwise in otherwisein the XXXX, Licensor is providing the Software “as Software“as is” without warranty of any kind including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty or representation about the results from the use of the Software. Secs. 7 and 9 apply.

Obligations of Licensor. 2.1 Licensor does not warrant that availability of the Software, its functions and/or Licensor’s servers Software will be uninterrupted or always error-free. Clause 2.10 shall apply. 2.2 Licensor shall make the Software available to Licensee in an executable form (object code) for the Underlying Software. Licensor shall deliver the Software to Licensee by making it available for download on the Internet. 2.3 Licensee is not entitled to the source code of the Software or parts thereofSoftware. 2.4 Licensee may access the user manual available via xxxxx://xxxxxxx0x.xxx/system-xxxxx://xxxxxxx0x.xxx/knowledgebase/. No other documentation shall be due unless explicitly agreed upon in writing. 2.5 Unless explicitly stated herein, Licensor Licensee shall not be responsible for installing install the Software on Licensee’s infrastructure and/or assisting in such processSoftware. 2.6 Licensor is not obliged to provide any consulting, parameterization, customizing, migration, training, programming or other Licensee-specific project services (collectively referred to as “Services”) unless explicitly agreed upon by the Parties in writing. 2.7 In order to start and use the Software, Licensee must arrange for a sufficiently powerful Internet connection between Licensee’s IT-systems and Licensor’s server in order to verify the license of the Licensee and to use the Cloud Services. Depending on the type of license, Internet access for license verification may be necessary every 24 hours. During this 24-24 hour period, Internet access solely is necessary for use of the Cloud Services. 2.8 Licensor shall be entitled to use the Software on its own IT-systems and third-party systems – provided that these third-party systems are controlled by or exclusively assigned to Licensee and/or Licensee’s agents/employees – and may freely subcontract obligations under this XXXX. 2.9 Licensor shall be responsible for the availability of the server(s) necessary to allow Licensee to use the Software server up to a suitable connection point to the Internet that Licensor shall determine ("Service Delivery Point"). The license provided by this XXXX does not include further Internet connection to of the access point of the Licensee. 2.10 Licensor shall use commercially reasonable efforts to maintain the availability of the licensing server(s) server for 99% per calendar month (“Agreed Availability”). The licensing server shall be deemed available if accessible and correctly responding when contacted from the Service Delivery Point (“Availability”). Non-availability due to force majeure and other reasons outside of the responsibility of Licensor and Scheduled Downtimes (see Secsec. 2.112.12) are not taken into account for the calculation of the Availability if Scheduled Downtimes (1) are announced to Licensee by e- e-mail without undue delay but at least 48 hours prior to commencement (if Licensee has not waived such announcements) and (2) are scheduled for Saturdays, concern Saturdays or Sundays or public holidays (at Licensor's place of business), and but for (3) do not exceed a maximum of eight hours per calendar month. If in any given calendar month, the Availability falls short of the Agreed Availability for reasons imputable to Licensor, Licensor will, upon on Licensee’s request, request to be made within three months of the end of the respective calendar month, offer a discount on recurring fees, which, during the term of this XXXXAgreement, shall be offset against future recurring fees and only in the event of termination be payable in cash. Such discount shall be 1/720 of the monthly license fee per seat for every hour and licensed seat that could not be used due to unavailability of the license server but in no case more than Licensee has actually paid for the licensed seat that could not be used for the respective month. The discount shall fully settle any reduction right under Sec. 536 of the German Civil Code. Claims in damages as referred to in Sec. 9 below; below as well as Licensor’s obligation to resolve the Non-Non- Conformity under Sec. 7 shall remain unaffected. The foregoing shall not be deemed an express warranty, guarantee or guarantee of properties. 2.11 In order to carry out updates, configuration changes and certain maintenance work, it is necessary to take the licensing server out of operation for a specific period of time time, which (“Scheduled Downtimes”). Scheduled Downtimes are communicated by Licensor via its website and communicated to Licensee via e-mail (unless Licensee has opted out from this information). In case Licensee has opted out from receiving such information via e-mail, communication of Scheduled Downtimes via Licensor’s website shall be deemed sufficient. Licensee is usually given notice of Scheduled Downtimes two weeks in advance. In urgent and exceptional cases, it may be necessary to arrange a Scheduled Downtime on shorter notice, e.g. in case of severe unexpected network traffic on the server like DoS/DDoS attacks or (attempted) unlawful intrusion of a third party on the server. 2.12 Licensor cannot guarantee the same feature set of the Software for all supported Underlying Software solutions and their versions based on the differences between the Underlying Software solutions itself. Therefore, the feature set of the Software software can differ between the Underlying underlying Software solutions Solutions and their versions. A specific feature is only contractually agreed owed if Licensor has specified it as available for the respective combination of version of the Software and version of the Underlying Software. 2.13 Licensor strives to regularly – usually every three months – publish new versions of the Software with new functionality (“Upgrades”), but shall not be obliged to do so. Any Upgrades provided are compatible only with the versions of Underlying Software being communicated by Licensor as compatible at the time the Upgrade is made available for download; Licensee therefore is made aware that upgraded Software may be used only with these versions of the Underlying Software. 2.14 Licensor will strive to provide the Licensee advance notice of any Update or Upgrade that may require changes to the Licensee’s hardware or software environment. 2.15 To the maximum extent permitted by applicable law and except as provided otherwise in the XXXX, Licensor is providing the Software “as is” without warranty of any kind including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty or representation about the results from the use of the Software. Secs. 7 and 9 apply.