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Software License Agreement for Beckhoff Software Products § 1 Subject Matter of This Agreement (1) LICENSOR grants CUSTOMER a non-transferable, non-exclusive right to use the data processing applications specified in Appendix 1 hereto (hereinafter called "SOFTWARE") under the conditions specified hereinafter. (2) The SOFTWARE shall be delivered to CUSTOMER on machine-readable recording media as specified in Appendix 1, on which it is recorded as an object program in an executable status. One user documentation shall be part of the application and it shall be made available to CUSTOMER in printed form, alternatively on a machine-readable recording medium or online. The form the user documentation is delivered in is specified in Appendix 1. The SOFTWARE and the documentation are hereinafter called "LICENSE MATERIALS". (3) Data (files, data base materials) recorded on the machine readable recording media which is part of the software mentioned in Appendix 1, or which is mentioned there instead of such software, shall fall under the LICENSE MATERIALS. (4) The LICENSE MATERIALS shall also include new editions or supplements to the LICENSE MATERIALS, which LICENSOR shall let CUSTOMER have during the life of the agreement, and that is ordinarily not free of charge. § 2 Authorization of Usage (1) CUSTOMER acknowledges that LICENSOR is the sole owner of all rights in the SOFTWARE described in Appendix 1 and in all of the know-how pertaining to this SOFTWARE. It shall forbear to attack those rights. It will adequately inform third parties of Licensor’s ownership of those rights. (2) CUSTOMER shall only be granted a limited right of usage to the extent to which it is absolutely necessary for the purposes of this AGREEMENT. The provisions following hereunder are characterizations of this principle and shall be narrowly construed in cases of doubt. Licensor’s copyright of the SOFTWARE shall not be exhausted by this AGREEMENT. § 3 Scope of Usage (1) CUSTOMER may use the delivered software on the central data processing unit identified in Appendix 1. (2) "Usage" includes storing (copying) of the software and the data in whole or in part in the identified data processing unit, executing the applications, processing of the data and making additional copies of these materials in machine-readable form to the extent necessary for their use under this AGREEMENT. The right of use in units connected to the central data processing unit identified in Appendix 1 (e.g. input devices or output devices) shall be limited to transferring, storing and displaying the software, the data or parts of these materials. (3) If, under Appendix 1, the user documentation is also delivered on a machine-readable medium, subparagraph (2) shall also be applicable for such documentation. (4) If the central data processing unit identified in Appendix 1 is temporarily out of order CUSTOMER may use the software and the data on another central data processing unit. (5) LICENSE MATERIALS delivered in printed form shall only be copied upon Licensor’s written consent. Additional copies of such printed LICENSE MATERIALS may be bought from LICENSOR for a fee to be paid. (6) The usage under this AGREEMENT shall include the making of backup copies of the delivered software, and also observing, examining and testing of the software while it is being run, stored and transferred, or displayed on the monitor screen. (7) CUSTOMER may connect the delivered software to other software (facilitating interoperability). The user documentation shall contain a description of the interfaces provided for this purpose. Otherwise, CUSTOMER shall not modify, translate, or otherwise edit and transform the software. Neither shall CUSTOMER retranslate the software into the form of source programs or other modes of presentation. Any retranslation of program parts for making an independently developed DP program interoperable with other software shall be subject to the applicable legal provisions. (8) CUSTOMER shall not transfer the privileges mentioned herein to third parties or grant any rights of usage to third parties. In case such transfer of privileges to third party, is agreed upon between the parties, Licensee agrees to hold harmless and indemnify Licensor from any and all claims such third party may raise against Licensor. § 4 Protection of LICENSE MATERIALS (1) Notwithstanding the rights of usage granted under paragraphs 1, 2, and 3, LICENSOR shall keep all rights of the LICENSE MATERIALS, and that includes any copies or partial copies made by CUSTOMER. The foregoing shall not affect Customer’s property of the machine-readable recording media, memory devices, and data processing devices. (2) CUSTOMER shall leave any notices of industrial property rights, such as copyright notices and other reservations of rights unchanged, and it shall adopt such notices without change into any copies made by CUSTOMER of machine readable LICENSE MATERIALS in whole or in part. In case and as far as the licensed material includes source code, licensee shall keep such source code confidential, particularly in regards to publishing. (3) CUSTOMER shall keep separate books of the copies or partial copies of machine readable LICENSE MATERIALS made under this AGREEMENT and to keep them at a safe place and to provide information about this subject upon request. (4) CUSTOMER shall neither make the LICENSE MATERIALS available to third parties in original, nor as complete or partial copies, without Licensor’s express written consent. The same shall apply in the case of complete or partial sale or dissolution of Customer’s business enterprise. Customer’s employees or other persons shall not be considered to be third parties while they stay with CUSTOMER in order to make use of the LICENSE MATERIALS as provided under this AGREEMENT. (5) CUSTOMER shall completely delete any LICENSE MATERIALS stored in machine-readable recording media, or memory devices, or data processing devices before such media or devices are destroyed, sold, or otherwise passed on elsewhere. (6) CUSTOMER may either use a new version of the LICENSE MATERIALS delivered to it, or it may waive making such use. § 5 Delivery (1) CUSTOMER shall receive a delivery copy of the SOFTWARE and of the user documentation on a machine-readable recording medium as shown in Appendix 1 and one copy of the user documentation. Should Appendix 1 show that the latter shall also be delivered on a machine-readable recording device, such machine-readable recording device may be the same the delivery copy is recorded on. (2) If the recording medium containing the SOFTWARE is damaged or deleted by mistake during shipment or after its receipt by CUSTOMER, LICENSOR shall deliver a replacement on charging the delivery costs and the costs of the recording device to CUSTOMER. § 6 Royalties (1) The royalties shall be defined in Appendix 1 as a non-recurrent royalty. For particular new versions and supplements of the license program an additional royalty shall be charged as shown in Appendix 1 if applicable. (2) Such royalties shall be payable subsequent to the delivery of the software to CUSTOMER. Any royalties shall be due for payment no later than 10 days without any discount. The VAT and sales tax, if any, shall be charged separately. § 7 Warranty (1) The parties agree that it is not possible to develop software thus that it meets all the requirements of the application without error. LICENSOR shall make available a user documentation explaining the intended use and the using conditions of the SOFTWARE, which shall always be kept up to date. (2) LICENSOR warrants CUSTOMER the fitness of the delivered version of the SOFTWARE for its use as provided under this AGREEMENT and as per the user documentation effective upon dispatch of the SOFTWARE. This shall particular