Free Device Management/ Free SaaS
Terms and Conditions of Bosch Rexroth AG
Version: 28.09.2020
The Terms and Conditions set out below (hereinafter: “T&C”) apply to the use of software applications on the basis of
Software as a Service (SaaS) (hereinafter: “SOFTWARE APPLICATION“) for a limited period of time free of charge, provided
by Bosch Rexroth AG, Zum Eisengießer 1, 97816 Lohr am Main, Germany (hereinafter: “BOSCH REXROTH”) to the customer(hereinafter: ”CUSTOMER“). Standard business terms of the CUSTOMER shall not apply; they are hereby explicitly rejected.
This applies even if, in connection with a purchase order or in other documents of the CUSTOMER, reference is made toits standard business terms and if BOSCH REXROTH does not explicitly reject them in this case.
1. General provisions
1.1. The meaning set out in the Preamble and in sec. 17
Definitions applies to the capitalized terms used inthese T&C.
1.2. Amendments and supplements to these T&C must be
made in written form. Emails do not comply with thewritten form requirement.
1.3. Quotations by BOSCH REXROTH are non-binding
pending acceptance by the CUSTOMER.
1.4. The Contract is concluded upon an agreement being
entered into or, upon receipt of an order confirmationfrom BOSCH REXROTH or upon activation of the
USER ACCOUNT.
2. Subject matter
2.1. The subject matter of these T&C is the provision for alimited period of time free of charge of the
SOFTWARE APPLICATION described in greater detailin the performance specification, if applicable, provision of the storage space necessary for this and the
granting and/or procurement of usage rights to the
SOFTWARE APPLICATION.
2.2. TheSOFTWARE
APPLICATION
may
be
an
ENGINEERING SOFTWARE. The information andgraphical
representations
storedinthe
ENGINEERING SOFTWARE serve solely to describe
the respective products and lose their validity when
the products represented there and/or the corresponding
technical
DOCUMENTATION
are/ischanged, at the latest, however, when a new versionof the ENGINEERING SOFTWARE is issued. The information and graphical representations stored in the
ENGINEERING SOFTWARE are not intended for any
constructional or development purposes independent from products. ENGINEERING SOFTWARE does
not verify the generated results on the accuracy of thecalculation or of the software generated or changed
and/or to its executability and suitability for application. The responsibility for the selection and dimensioning and/or configuration of products and/or forthe software generated or changed with the help of
the ENGINEERING product therefore lies solely with
the CUSTOMER. A product order is placed solely on
the basis of the catalogue details and of the
DOCUMENTATION belonging to the product.
2.3. The SOFTWARE APPLICATION may contain FOSS. The
CUSTOMER will be provided with an up-to-date list of

the FOSS contained and the corresponding applicable FOSS license terms upon request before entering
into the contract, however at the latest, when the
SOFTWARE APPLICATION is made available. BOSCHREXROTH reserves the right to, over the course of introduce new or updated FOSS into the SOFTWAREAPPLICATION. The corresponding FOSS license(s)will be provided. If the SOFTWARE APPLICATION contains a FOSS component, CUSTOMER’s dealing withsuch FOSS component shall be primarily governed by
the corresponding FOSS license, with which
CUSTOMER obliges to comply. Beyond the fulfillmentof its own license obligations stemming from included FOSS, BOSCH REXROTH does not render any
support services that serve the fulfillment of the
CUSTOMER’s license obligations stemming from included FOSS.
2.4. If, as part of the SOFTWARE APPLICATION, software
products are also made available from third-party
providers and these are not to be regarded as FOSS,BOSCH REXROTH reserves the right to transfer themsubject to the corresponding exclusive terms andconditions of the third-party provider.
2.5. BOSCH REXROTH reserves the right to modify theprovided SOFTWARE APPLICATION or to make itavailable on a fee basis, and to discontinue the provision the SOFTWARE APPLICATION.
2.6. BOSCH REXROTH has the right to render the services
described in sec. 2.1 through third parties (including
AFFILIATED ENTERPRISES) as subcontractors.
2.7. The implementation of an interface integration with
CUSTOMER’s existing system landscape is outside
the scope of these T&C of Use and requires a separate
agreement in writing between the Parties.
2.8. If explicitly agreed, BOSCH REXROTH shall make telecommunications services of a third-party provider
available to the CUSTOMER that are necessary forconnecting the UNIT. The area of the telecommunications connection is restricted to the transmission andreception areas of the mobile communications stations operated by the third-party provider and is subject to the respective applicable national provisions.
If the mobile telecommunications connection is notadequate to ensure a stable data connection to theserver in the area of use, the CUSTOMER shall provide a wired Internet connection (LAN). When thecontract is entered into, BOSCH REXROTH is notFree Device Management/Free SaaS Terms and Conditions of Bosch Rexroth AG
obliged to ensure that an adequate data connection
is possible. The CUSTOMER has no claims against
BOSCH REXROTH based on the non-existence of anadequate mobile telecommunications connection in
the area of use. The CUSTOMER is responsible for thetelecommunication service being operated in accordance with the applicable national regulations. The
CUSTOMER shall indemnify BOSCH REXROTH fromany third party claims arising from any infringementof the applicable national regulations (e.g. use of anational sim-card).
2.9. IT-security properties and resultant measures ariseout of an agreed description included in a separate
document or out of the data sheet. Unless agreed otherwise, it is the CUSTOMER’s responsibility to, bychoosing adequate technical and/or organizational
measures, ensure the IT-security of its systems when
integrating or using the SOFTWARE APPLICATION taking into consideration the technical nature of the
SOFTWARE APPLICATION. This applies in particularwhen the CUSTOMER is an operator of a critical infrastructure in the sense of sec. 2 sec. 10 German
BSI-Act.
3.

Provision of SOFTWARE APPLICATION and storage
space, USER ACCOUNT
3.1. BOSCH REXROTH shall hold in readiness the thencurrent version of the Software on server infrastructure provided by BOSCH REXROTH or its subcontractors, for use in accordance with the provisions ofthese T&C. During the term of the contract, BOSCHREXROTH shall provide CUSTOMER with the current
version of a DOCUMENTATION for the SOFTWAREAPPLICATION in electronic form.
3.2. CUSTOMER’s access to the SOFTWARE APPLICATION
shall be browser-based via the Internet or via an application interface set up by BOSCH REXROTH.
3.3. BOSCH REXROTH shall transmit the ACCESS DATA
required for the access to the SOFTWAREAPPLICATION to CUSTOMER, unless access is via independent registration (possibly by using the
CENTRAL BOSCH ID).
3.4. If, for the use of some SOFTWARE APPLICATION an
USER ACCOUNT is necessary, BOSCH REXROTH will
provide this USER ACCOUNT to the CUSTOMER. The
creation of an USER ACCOUNT is free of charge.
Some Services enable registration using the CENTRALBOSCH ID. In this case the CUSTOMER can use his
CENTRAL BOSCH USER ID, if he has already successfully registered for a CENTRAL BOSCH USER ID. Otherwise, the CUSTOMER can set up a new CENTRALBOSCH USER ID which enables him to use various independent services of the Bosch Group. In this case,the “General Terms and Conditions for the Registration and Use of a Central Bosch ID” shall apply additionally which the CUSTOMER will have to accept during registration for the CENTRAL BOSCH ID.

3.5. CUSTOMER shall change, without undue delay, allpasswords allocated by BOSCH REXROTH into passwords known only to Customer. The USER ACCOUNT
as well as ACCESS DATA (with the exception of theprovision of sub.-sec. 5.4) are non-transferable (including rental, lease, loan or sub-licensing). ACCESSDATA shall be kept in confidence and shall be protected by suitable and effective measures against access by third parties. The CUSTOMER will notify
BOSCH REXROTH without undue delay if there is any
reason to fear that unauthorized third parties haveobtained or will obtain knowledge of the ACCES
DATA. BOSCH REXROTH is not responsible for theconsequences of abuse of ACCESS DATA. CUSTOMER
is liable for all acts performed using its USERACCOUNT.
3.6. With effect from the COMMENCEMENT DATE, BOSCHREXROTH shall keep storage space available for the
DATA throughout the duration of the contractual relationship to the extent that has been agreed, insofar
as this is necessary for the intended use of the
SOFTWARE APPLICATION.
3.7. The CUSTOMER is fully responsible for the USERCONTENT and the CUSTOMER REPOSITORY, in particular, the CUSTOMER shall comply with applicablelaw and before uploading the CUSTOMER shall ensure that the USER CONTENT does not contain any
viruses, Trojans or other malware. BOSCH REXROTH
is neither responsible for USER CONTENT nor for the
CUSTOMER REPOSITORY. The operation of the
SOFTWARE APPLICATION may not be impaired by
USER CONTENT.
3.8. The DATA shall, insofar as is possible, be stored andregularly backed up by BOSCH REXROTH throughout
the duration of the contractual relationship.
CUSTOMER shall be solely responsible for his compliance with retention periods required under commercial and tax law.
4. Technical availability, Support
4.1. BOSCH REXROTH owes no technical availability.
4.2. It is at BOSCH REXROTH’s sole discretion to provide
support.
5. Rights of use
5.1. CUSTOMER shall receive a simple, non-transferable
and non-exclusive right, limited in time, free ofcharge, to use the SOFTWARE APPLICATION for its
own business purposes in accordance with the provisions below and in compliance with the stipulationsof the DOCUMENTATION and in the context of thefunctionalities. The use is only permissible in theagreed countries of designation. In the absence of a
specific agreement, this is the country in which
CUSTOMER has its registered place of business.
5.2. CUSTOMER may use the SOFTWARE APPLICATION
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only for the purpose set forth in in sec. 2.1 In particular, the following is only permitted if BOSCHREXROTH has given its prior consent in writing

third parties to conduct the measures in compliancewith sec. 5.6 which are not competitors of BOSCHREXROTH, unless the CUSTOMER demonstrates thatthe risk of divulging important CONFIDENTIAL
INFORMATION (especially function and design of the
SOFTWARE APPLICATION) of BOSCH REXROTH is excluded.

a) permanent storage or duplication orb) use of the SOFTWARE APPLICATION for training
persons who are not employees of CUSTOMER.
5.3. In the context of use in compliance with the contract,
CUSTOMER has the right to store and print out the(online) DOCUMENTATION provided whilst retaining
any PROPERTY RIGHTs notices that may exist, and toreproduce that number of copies thereof which is reasonable for purposes of this contract.
5.4. If so agreed in the individual contract, theCUSTOMER may, as an exception to sec. 3.5 and 5.1,
also permit its customers to access the SOFTWAREAPPLICATION, provided that this is solely in connection with the designated use of the SOFTWAREAPPLICATION for business purposes of the
CUSTOMER (e.g. in connection with a product offered by the CUSTOMER to its customers which contains access to functionalities of the SOFTWAREAPPLICATION). The CUSTOMER shall obligate every
person using the SOFTWARE APPLICATION and thus
using ACCESS DATA provided to the CUSTOMER or
to such person in connection with this Contract, tocomply with the respectively applicable Terms andConditions (AGB). The CUSTOMER is represented byeach user and the user’s acts and knowledge are attributable to the CUSTOMER. Further, after BOSCHREXROTH has given its prior approval in writing, theCUSTOMER has the right to transmit its DATA to service providers for the sole purposes of processing
and visualization in management systems.
5.5. CUSTOMER is not authorized to use robots, spiders,scrapers or other comparable tools for data collection or extraction, programs, algorithms or methods
to search for, access, acquire, copy or control the
SOFTWARE APPLICATION. Further, CUSTOMER is not
authorized to obtain access to non-public areas of the
SOFTWARE APPLICATION or to the underlying technical systems, to test, scan or examine the
SOFTWARE APPLICATION’s vulnerability or to knowingly transmit CUSTOMER DATA or USER CONTENT
with viruses or worms, Trojans or other contaminatedor harmful components or to otherwise interfere in
the proper functioningof theSOFTWARE
APPLICATION.
5.6. Subject to sec. 2.3, CUSTOMER is not authorized toprocess, change, reverse engineer, decompile, or disassemble the program code of the SOFTWAREAPPLICATION or parts thereof or to otherwise establish the source code or to produce derivative worksof the SOFTWARE APPLICATION. The mandatory andcompulsory provisions of sections 69d and 69e of theGerman Copyright Act (UrhG) shall, however, remain
unaffected by this. The CUSTOMER may only engage

5.7. If BOSCH REXROTH voluntary provides CUSTOMER
with actualizations during the term of the contract,these shall also be subject to these T&C except insofar as they are the subject matter of a separate agreement.
6. Device Management
6.1. Insofar as it is agreed with BOSCH REXROTH, theCUSTOMER may manage UNITs via the SOFTWAREAPPLICATION. Additional UNITs can, insofar as this isagreed upon with BOSCH REXROTH in advance, besigned on by giving advance notice of one week to thefirst day of the next month and UNITs that have already been signed on can be signed off with the same
period of notice to the last day of the month. Signingon and signing off shall be in written form unlessbrowser-based user subscription management is possible.
6.2. Other extensions to the scope of the Contract (e.g.
the use of additional Apps) shall be coordinated individually.
6.3. In accordance with a separate agreement between
the partiesa) the UNIT can be directly accessed via remote access for the purpose of remote diagnosis and/or
repair and/or for installing updates by BOSCHREXROTH;b) USER CONTENT, SOTA, FOTA and/or POTA can be
flashed onto UNITs via the SOFTWAREAPPLICATION or via the CUSTOMER REPOSITORY.
6.4. The CUSTOMER shall make suitable stipulations andtake suitable actions to ensure that updates of software, including SOTA and FOTA and/or POTA, areonly possible on its UNIT if this is in a SAFE STATE.
This also applies to remote access by BOSCHREXROTH. The CUSTOMER is responsible for specifying the SAFE STATE. BOSCH REXROTH shall not beliable for any damage incurred by the CUSTOMER or
third parties through infringements.
6.5. Necessary hardware required for this, provided foruse or supplied by BOSCH REXROTH, shall be installed as specified, be kept in operation during business operation of the UNIT and otherwise kept in a
serviceable condition.
7. Remuneration for the license
7.1. The SOFTWARE APPLICATION shall be provided to
the CUSTOMER free of charge.
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8.

Duties of CUSTOMER to collaborate and provide
information
8.1. CUSTOMER is responsible for its hardware and software environment being compliant with the system
requirements of the SOFTWARE APPLICATION; incase of doubt Customer shall obtain advice fromBOSCH REXROTH or an expert third party before entering into the contract.
8.2. CUSTOMER is not authorized to deliberately use devices, Software or routines which have a disruptive
effect on the applications, functions or usability of
the SOFTWARE APPLICATION or, with respect toother DATA, systems or communications, to deliberately destroy them, generate excessive load, harmfully intervene in them, fraudulently intercept or import them.
8.3. CUSTOMER is obligeda) to obtain consent for customer-specific penetration tests by BOSCH REXROTH.
b) to keep all the copies of the DOCUMENTATION ina protected place.
c) to check data and information for viruses andother malware prior to sending CUSTOMER DATA
and USER CONTENT and information to BOSCHREXROTH and to implement anti-virus programs inaccordance with the state of the art.
8.4. CUSTOMER shall ensure that he is fully entitled to
use CUSTOMER DATA and USER CONTENT within the
SOFTWARE APPLICATION, to make it available to
BOSCH REXROTH and to grant the usage and exploitation rights as described under these T&C. The
CUSTOMER shall seek any authorizations/permissions as necessary.
8.5. Without prejudice to BOSCH REXROTH’s DATA
backup pursuant to sec. 3.8, CUSTOMER is obliged toback up its CUSTOMER DATA and USER CONTENT ona regular basis. Every backup conducted by
CUSTOMER shall be conducted so as to enable the
CUSTOMER DATA and USER CONTENT to be restored
at any time.
8.6. CUSTOMER shall release BOSCH REXROTH from all
claims made against BOSCH REXROTH by third parties (including state bodies) owing to an infringementof sec. 8.4, 15.2 by the CUSTOMER.
9. Term and termination
9.1. The grant of the rights of use can be revoked by
BOSCH REXROTH at any time and without complying
with a period of notice.
9.2. Statutory rights and claims over and above this shallnot be restricted by the provisions contained in sec.
9.

9.3. Notice of termination or termination of the contractual relationship simultaneously denotes notice oftermination/termination of the authorizations, registrations and of the USER ACCOUNT and, if applicable,of all User IDs provided for the CUSTOMER or end
customers of CUSTOMER, as of the next possible
date. The termination of this contractual relationshiphas no effect on the use of the CENTRAL BOSCH ID.
For this it is necessary to have termination in accordance with the usage relationship of the contract
terms underlying the use of the CENTRAL BOSCH ID.
10. Defects as to quality/defects of title
10.1.
Except in the event of intent BOSCH REXROTH
shall not provide any warranty for defects as to quality or for defects as to title.
11. Claims for damages
11.1.
BOSCH REXROTH shall be liable for damages
solely in accordance with the provisions of statute for
injury to life and limb, for damage based on the Product Liability Act, for reasons related to mandatory
data protection law, for damage caused by intent by
BOSCH REXROTH.
11.2.
The foregoing restrictions of liability shall also apply to the personal liability of the employees, representatives and/or organs of BOSCH REXROTH.
12. Amendments to these T&C
12.1.
BOSCH REXROTH reserves the right to adapt
these T&C at any time also being effective in respectof existing contractual relationships.
12.2.
CUSTOMER shall be notified of such changes in asuitable manner no later than thirty (30) calendar
days before the planned effective date of the changes
insofar as the adaptation involves a restriction in theusability or other not only insignificant disadvantages(e.g. adaptation expenses). If CUSTOMER does not
object within thirty (30) days of receipt of the notification and continues to use the SOFTWARE after expiry of the period for objection, then the changes
shall be deemed to have been effectively agreed asfrom the expiry date of the time limit. In the event ofan objection, the contractual relationship shall be
continued subject to the conditions applying hitherto.
If an objection is raised, BOSCH REXROTH is entitled
to terminate the contractual relationship without notice. CUSTOMER shall be advised in the change notification of its right to object and of the consequences.
13. DATA use and data protection
13.1.
BOSCH REXROTH shall have the right to use,
store, copy, modify, analyze, provide or otherwise
process DATA contributed, created and transmitted
by the CUSTOMER or its end customer in connection
with the SOFTWARE APPLICATION for contractual
purposes during the contractual term.
13.2.
BOSCH REXROTH shall have the right, to use DATA
contributed, created and transmitted by the
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CUSTOMER or its end customer in connection with
the SOFTWARE APPLICATION in anonymized form formachine learning and product improvement or product expansion. This right shall be unlimited, irrevocable free of charge and worldwide. The CUSTOMER
warrants that it has not entered into any agreements
opposing such use.
13.3.
BOSCH REXROTH shall have the right, insofar as
is permitted by law, to store, use, transfer and/or exploit all the information contributed and created by
the CUSTOMER or its endcustomer in connection
with the SOFTWARE APPLICATION, except for personal data, beyond the purpose of the contract forany purposes such as, for example, statistical, analytical and internal purposes. These purposes include,inter alia, the production, commercialization and distribution of the products and services of BOSCHREXROTH and, for example, statistical, analytical andinternal purposes. This right shall be unlimited, irrevocable, free of charge and worldwide. The
CUSTOMER warrants that it has not entered into any
agreements opposing such use.

14. Confidentiality
14.1.
All the CONFIDENTIAL INFORMATION originatingfrom BOSCH REXROTH shall be kept secret from third
parties and may be made available only to those persons in the CUSTOMER’s own operations who have aneed to know the respective information for performance of the purpose of the contract and who aresimilarly committed to confidentiality. The respective
CONFIDENTIAL INFORMATION shall remain the exclusive property of BOSCH REXROTH. CONFIDENTIAL
INFORMATION may not be duplicated or used commercially without the prior consent of BOSCHREXROTH in writing. Upon request of BOSCHREXROTH, all CONFIDENTIAL INFORMATION originating from BOSCH REXROTH (if applicable, inclusive of
any copies or records made) and loaned items whichcontain CONFIDENTIAL INFORMATION shall be returned to BOSCH REXROTH or fully destroyed without undue delay.
14.2.
The obligation to uphold secrecy pursuant to sec.
14.1 does not apply to CONFIDENTIAL INFORMATION
which

13.4.
Insofar as personal data is processed, BOSCHREXROTH complies with the statutory data protection
regulations. In this case, the details relating to thedata collected and the respective processing thereof
are set out in the data protection notice of BOSCHREXROTH) or its AFFILIATED ENTERPRISE of which
the CUSTOMER will be advised in an appropriatemanner.

a) were already in the lawful possession of the
CUSTOMER before being handed over by BOSCHREXROTH;

13.5.
Insofar as personal data is processed jointly by
BOSCH REXROTH and the CUSTOMER within themeaning of Art. 26 GDPR, the rights and obligations
and details of the data collected and the respective
processing thereof shall be determined under anagreement to be entered into separately in compliance with Art. 26 (1) sentence 1 GDPR.

d) are developed by the CUSTOMER itself independently of the information received;

13.6.
If the CUSTOMER processes personal data, theCUSTOMER guarantees that it has the right to do soin accordance with the applicable regulations, in particular under the data protection regulations, and in
the event of a violation it shall indemnify BOSCHREXROTH from and against claims by third parties.
The CUSTOMER is obliged to obtain consent required
from the respective data subject insofar as personal
data is collected, processed or used during utilizationof the SOFTWARE APPLICATION and if no statutory orother basis for permission applies. If applicable,
CUSTOMER shall impose its end customers within
the scope of Art. 26 (1) GDPR. CUSTOMER shall ensure that the regulated fulfillment of the rights of thepersons affected as well as information obligations
comply with the agreement according to sec. 13.5.
13.7.
The rights of BOSCH REXROTH under this sec. 13
also apply accordingly in favour of companies in the
Bosch Group of companies.

b) the CUSTOMER lawfully received from third parties without any secrecy obligations;c) are disclosed to third parties by BOSCH REXROTH
without any conditions regarding secrecy;e) have to be disclosed by law; orf) are disclosed by the CUSTOMER with the priorwritten consent of BOSCH REXROTH.
15. Export control
15.1.
If it should transpire that contractual performanceby BOSCH REXROTH has become impossible or been
rendered difficult due to national or international export control regulations, in particular embargos orother sanctions, BOSCH REXROTH has the right to revoke or terminate the contract without setting a grace
period. The delivery period is suspended in the eventof delays due to export examinations or approval processes unless BOSCH REXROTH is accountable for
this.
15.2.
The CUSTOMER undertakes to furnish all the information and documents required for the access tot
he SOFTWARE APPLICATION, for the export or movement of the SOFTWARE APPLICATION and DATA or
the integration of service provider in accordance withthe contract, unless this lies in the sphere of influence of BOSCH REXROTH. The CUSTOMER shall comply with the respectively applicable provisions of customs and (re-) export control law.
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15.3.
With respect to USER CONTENT and the
CUSTOMER REPOSITORY, the CUSTOMER is obliged
to comply with the export control regulations that are
valid nationally and/or apply internationally. In connection with the CUSTOMER REPOSITORY, BOSCHREXROTH does not, in particular, examine whether
software requirements are permissible under export
control law. Solely the CUSTOMER is responsible for
examining the legal permissibility of the downloadfrom the CUSTOMER REPOSITORY.
16. Miscellaneous provisions
16.1.
The courts of Stuttgart, Germany, (for proceedings before the local court, this is the Amtsgericht (local court) in 70190 Stuttgart) shall have exclusive jurisdiction and venue insofar as this is legally permissible. BOSCH REXROTH reserves the right, however,to take legal action at a court with jurisdiction at theregistered office or establishment of CUSTOMER.
16.2.
Solely German law shall apply to all legal relations
between BOSCH REXROTH and the CUSTOMER, excluding the conflict of laws provisions. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) shall be explicitly
excluded.

cept for USER CONTENT which the CUSTOMER generates or transmits to BOSCH REXROTH in connection with the use of the SOFTWARE APPLICATION.
CUSTOMER DATA also includes the ACCESS DATA for
the SOFTWARE APPLICATION.
17.6.
CUSTOMER REPOSITORY: Storage space provided
by the CUSTOMER for storing USER CONTENT on
third-party servers. By using the Device Management
System, the CUSTOMER can instruct the UNIT to request
softwarestoredinthe
CUSTOMERREPOSITORY.
17.7.
DATA: Collective term for all the data exchanged
and processed under these T&C.
17.8.
DOCUMENTATION: All the information required to
be able to work with the software application in accordance with the intended use.
17.9.
ENGINEERINGSOFTWARE:
SOFTWARE
APPLICATION with which certain products can be selected, calculated, dimensioned and/or configured
and/or a toolbox comprising Software components
and development environment to generate additional
information and/or to support the CUSTOMER whencreating/changing SOFTWARE APPLICATION.

16.3.
If any provision should be or become ineffective,the effectiveness of the remaining provisions shall not
be affected thereby. In this case the ineffective provision shall be replaced by a permissible agreement approximating most closely the economic purpose of
the original ineffective provision. This shall apply accordingly to any omissions.

17.10. FOSS: Free and Open Source SOFTWARE, in particular software under an approved license of theFree Software Foundation (FSF) or the Open Source
Initiative (OSI).

17. Definitions
17.1.
ACCESS DATA: The data required for the USERACCOUNT, especially user name and password.

17.12. POTA: Parameter over the Air; automated parameter update for the UNIT via the SOFTWAREAPPLICATION.

17.2.
AFFILIATED ENTERPRISE: Every legal entity whichis controlled by Customer, which controls Customer
or which is jointly-controlled together with Customer.
Control is deemed to exist where more than fifty percent (50 %) of the capital shares or voting rights isheld or where the corporate management and policy
are controlled either directly or indirectly on the basis of capital shares, by virtue of agreements or in any
other way.

17.13. PROPERTY RIGHT: Industrial PROPERTY RIGHT or
third-party copyright.

17.3.
CENTRAL BOSCH-ID: User ID of the Single SignOn Authentication Service of Bosch.IO GmbH,
Ullsteinstrasse 128, 12109 Berlin, Germany, enabling
the use of various independent services of the BoschGroup and which requires the CUSTOMER’s e-mailaddress with any e-mail provider.

17.16. UNIT: Relevant system or component that is managed using the SOFTWARE APPLICATION.

17.4.
CONFIDENTIAL INFORMATION: Information in accordance with sec. 2 no. 1 of the German Trade Secrets Act (GeschGehG).
17.5.

CUSTOMER DATA: All the CUSTOMER content ex-

17.11. FOTA: Firmware over the Air; automated firmware
update of the UNIT via the SOFTWARE APPLICATION.

17.14. SAFE STATE: A state of the UNIT defined by the
CUSTOMER enabling the UNIT’s software and/or
SOTA/FOTA to be updated without influencing thedanger-free and designated operation of the UNIT.
17.15. SOTA: Software over the Air; automated software
update of the UNIT via the SOFTWARE APPLICATION.

17.17. USER ACCOUNT: Enables access to and use of therelevant SOFTWARE APPLICATION.
17.18. USER CONTENT: The CUSTOMER’s own data
and/or software which the CUSTOMER can (via
CUSTOMER REPOSITORY, if applicable) upload for
its own use or the use of its end customers and/or
which can be flashed onto the UNITs – insofar as thisis available as a function of the SOFTWAREAPPLICATION.
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