ROBERT BOSCH GMBH
third parties, e.g. as Software as a Service (“SaaS”),
Platform as a Service (“PaaS”), Application Service
Provider (“ASP”), hosting and cloud services for thirdparties etc.
Sections 69d and 69e German Copyright Act (UrhG), inparticular the right to make back-up copies, as well as anyother mandatory law regulations shall remain unaffected by
the foregoing provisions.
c) With respect to all results, improvements and/or inventions
generated by supplier either prior to the date of entering
into an agreement with BOSCH or during but outside thescope of the agreement with BOSCH and which arenecessary for the exploitation of the Licensed Software andthe BOSCH Product and Materials, supplier grants toBOSCH a paid-up, non-exclusive, worldwide, irrevocable,perpetual and non-sublicensable license to further develop,
manufacture and distribute BOSCH Products andMaterials. This license also encompasses the right to haveproduction performed by third parties.
d) Unless explicitly otherwise agreed in writing between theparties, the right of Use shall not be restricted to a specificproduction location, a specific product portfolio (e.g.
project or platform) of BOSCH, but shall encompass theUse of the Licensed Software for and in connection with allexisting and/or future BOSCH Products.
e) Once the remuneration owed under an agreement has been
paid, all claims of supplier for granting the rights pursuant
to this section 2 have been settled. This shall also apply to
the granting of rights for unknown types of use, unless thisis not reasonable for supplier considering the income andadvantages deriving from such new type of use.

Supplementary Terms and Conditions ofPurchase for Software
1.

2.

Area of ApplicationThese Supplementary Terms and Conditions of Purchasefor Software of Robert Bosch GmbH and/or its affiliates inwhich Robert Bosch GmbH has the industrial leadership(hereinafter collectively referred to as “BOSCH”) shallapply in conjunction with and as a complement to theTerms and Conditions of Purchase of BOSCH(https://www.bosch.com/company/supplychain/information-for-business-partners/#purchasingterms-and-conditions) to all software supplies of thesupplier (as a stand-alone product or embedded as acomponent in any supplied hardware) for use in or incombination with products manufactured and/or
distributed by BOSCH (hereinafter collectively referred toas “BOSCH Product(s)”). With regard to Open Source
Software, the Additional Purchasing Terms and Conditions
for Products regarding Open Source Software of BOSCH
shall
apply
additionally(https://www.bosch.com/company/supplychain/information-for-business-partners/#purchasingterms-and-conditions).
The Terms and Conditions set forth below shall also apply
to software parts (fixes and patches) and to new versions or
updates of the aforementioned software provided by thesupplier in the course of its warranty obligation or as partof software maintenance services.
The aforementioned software supplies are hereinaftercollectively referred to as “Licensed Software”.
In their scope, the applicable Bosch Cybersecurity General
Requirements take precedence over the following
regulations in case of deviations and/or contradictions.
Grant of rights of Use for the Licensed Softwarea) The supplier grants to BOSCH a paid-up, non-exclusive,worldwide, perpetual and irrevocable right to Use (asdefined below) the Licensed Software in accordance with
the Terms and Conditions set forth in these Terms.
b) The term “Use” shall comprise BOSCH’s right(i) to copy, install, transmit, store, load, test, execute theLicensed Software;(ii) to integrate, embed and/or combine the Licensed
Software with other software or hardware or any
BOSCH Product (hereinafter referred to as“Materials”);(iii) to translate, to modify and/or to create derivative
works of the Licensed Software, e.g. for the purpose ofcreating interfaces to the Licensed Software ofBOSCH or of implementing or combining theLicensed Software with other software components orhardware, including the right of reproduction,distribution and public communication of the resultsobtained;(iv) to calibrate, configure and parameterize the Licensed
Software;(v) to demonstrate, to market, to distribute, to disseminate
or to otherwise dispose of the Licensed Software aspart of Materials or together with Materials;(vi) to Resell the Licensed Software, whereas the term
“Reselling” means the distribution of the Licensed
Software by BOSCH to third parties, including a
distribution of copies of the Licensed Software, andincluding the right to rent or lend such Licensed
Software, irrespective of whether such distribution iseffected in a tangible or intangible form; and(vii) to Use the Licensed Software for Managed ServiceProjects, whereas the term “Managed ServiceProject” refers to the use of the Licensed Software byBOSCH within the scope of providing services forstatus 11/2022

3.

Use tied to specific hardware
Insofar as the Licensed Software shall only be used withspecific hardware in accordance with the agreement, or if
the functionality thereof can only be used in connection
with specific hardware which the supplier supplies toBOSCH, the rights of use defined in sections 1 and 2 shallapply only in connection with the respective hardware ofthe supplier.

4.

Documentation
BOSCH has the right to Use, duplicate/reprint, to translate
modify, disseminate and otherwise dispose of thedocumentation provided by the supplier, including theoperating manual provided by the supplier.

5.

Sub-licensing
BOSCH has the right to grant sub-licenses to the Licensed
Software and to the corresponding documentation (inaccordance with the provisions of sections 1 to 4 above) to:a) Authorized Third Parties which require a right to Use theLicensed Software in connection with one or several
BOSCH and/or customer project(s). The term “AuthorizedThird Party” shall comprise systems developers and system
integrators commissioned by BOSCH or a BOSCH
customer who are responsible for developing, combining
and/or integrating the Licensed Software with or in otherMaterials. The term “Authorized Third Parties” shallfurther comprise third parties which require a right to Use
the Licensed Software in order to render repair,maintenance or similar services for the Materials;b) Customers of BOSCH and/or any of BOSCH customer’s
affiliates which require a right to Use, to market, todistribute, to disseminate or to otherwise dispose of theLicensed Software as part of Materials or for the purposeof maintaining and/or repairing the Materials. This rightalso includes the right to grant end users corresponding
rights.

6.

Warranty and update duties

ROBERT BOSCH GMBHa) Unless explicitly otherwise agreed in writing in therespective individual contract, the supplier shall provide toBOSCH throughout the warranty period without
entitlement to any separate remuneration the following
services free of charge:- all generally available new versions and updates as well as
error corrections or work arounds (fixes and patches) of theLicensed Software and to inform BOSCH thereof
accordingly without undue delay in writing or in text form;- all required information with regard to error restriction,
error correction and/or error environment; and- technical support on the telephone or via email.
b) To the extent that BOSCH could be a subject to a legal
recourse claim by a BOSCH customer with regard to therequirements of the EU directive 2019/770, SUPPLIER is
also obligated during and after the warranty period toenable BOSCH at any time without any separate
remuneration to provide to its BOSCH customers updatesof BOSCH Products and Materials as well as
corresponding information (e.g. deriving from or inconnection with § 327f German Civil Code – Bürgerliches
Gesetzbuch).
7.

Support and maintenance obligations
Upon BOSCH’s request the SUPPLIER is obligated tooffer further support and maintenance services during andafter the warranty period at economically reasonableconditions.

8.

Source CodeThe term “Source Code” means a program code in theform of a text of a computer program written in a
programming language and readable by humans incomputer science, which cannot be changed by BOSCH. If,
in accordance with the agreement, the Source Code of theLicensed Software is not provided to BOSCH, the supplier
agrees that upon BOSCH’s request it shall enter into aSource Code escrow agreement at a renowned depository
to be chosen by BOSCH and deposit the Source Code forthe benefit of BOSCH.

9.

Test recognition
The supplier shall ensure that the Licensed Software does
not contain any illegal functionalities that recognize a Test
Situation and / or optimize the product characteristics insuch Test Situations. A “Test Situation” is defined as astandardized procedure for the assessment of productcharacteristics, carried out by authorities or third parties
recognized by law or by market recognition.
Functionalities optimizing the product characteristics in
Test Situations must comply with legal and state-of-the-art
requirements and must be explicitly agreed with BOSCH
as part of the Licensed Software..

10.

Miscellaneous
The termination of an individual contract (for whateverlegal reason) shall be without prejudice to any rights of use
granted to BOSCH’s customers and/or any of the BOSCH
customer’s affiliates and end users that were granted up tothe termination thereof.

status 11/2022