License Terms and Conditions for
Rental of Engineering Tools
Version: 02.01.2018
These Terms and Conditions of License terms apply to the provision of Engineering Tools to the customer (hereinafter referred
to as: "Licensee") by Bosch Rexroth AG, Zum Eisengiesser 1, 97816 Lohr a. Main, Germany, www.boschrexroth.de (hereinafter referred to as: "Licensor") for use for a limited period subject to a charge. The Licensee plans to use the software for theselection, dimensioning and/or configuration of specific products and/or creation or modification of software for its own business operations. Separate license terms apply to different types of provision of software for use. General terms and conditionsof the Licensee do not apply, they are explicitly rejected.
1.
1.1.

1.2.

Definitions

Affiliated Enterprise: Every legal entity which is controlled by the Licensee, which controls the Licensee or
which is jointly-controlled together with a Licensee.
Control is deemed to exist where more than fifty percent (50 %) of the capital shares or voting rights is heldor where the corporate management and policy arecontrolled either directly or indirectly on the basis ofcapital shares, by virtue of agreements or in any otherway.
Backup Copy: A copy of software which is producedin case the original software is damaged or inadvertently deleted.

1.3.

Bugfix: Error correction.

1.4.

Commencement of the License: The date agreed forcommencement of the rental contract.

1.5.

Confidential Information: Software inclusive of thesource code (except for Open Source Software components) and other materials marked by the Licensor
as being “confidential” or which are otherwise to beconsidered as confidential.

1.6.

Documentation: All the information required to be able
to work with the software as intended.

1.7.

Engineering Tool: Software with which specific products are selected, calculated, dimensioned and/or
configured or with which software is created or modified.

1.8.

FOSS: Open Source Software and third party software under a royalty-free license.

1.9.

License Data: In the order documents, possibly a type
key named as an order item of its own or a material
number and license type in conjunction with the catalogue details valid at the time of the order and with thelicense sheet or device pass [Gerätepass] provided.

1.10. License Type: Determines the scope and type of thesoftware use and the number of users, see sub-sec.
4.2.

1.16. Upgrade: Renewal of the software version with considerably expanded function.
1.17. Workaround: A procedure circumventing a known
malfunction of the software.
1.18. Year of Contract: The first twelve (12) months startingfrom the beginning of the license in accordance withthe contract and every successive twelve-month period.
2.
2.1.

The subject matter of these Terms and Conditions ofLicense is the granting of rights of use to the Licensor’s Engineering Tools (hereinafter referred to as:"Software") for the purpose of selecting, dimensioning, configuring and handling specific products and/or
creating or modifying software for the Licensee’s own
business operations in the scope agreed for a limited
period of time subject to a charge. The Software description follows from the License Data and the Documentation which will be made available to the Licensee on request prior to entering into the contract. The
information and graphical representations stored in
the Software solely serve to describe the respective
products and lose their validity when the products illustrated there or the corresponding technical Documentation are/is changed, at the latest, however,when a new version of the Software is released. The
information and graphical representations stored in
the Software are not intended for solely design or development purposes and cannot be transposed tocomponents of the same or a similar construction ofother manufacturers. The Software supports the Licensee in the selection, dimensioning and/or configuration of specific products and/or creation and modification of software, however without checking the result technically or verifying the correctness of the calculation.

2.2.

The Software comprises, insofar as this is possible,
the executable program code and the corresponding
Documentation in electronic form and the installation
instructions if the Software does not install itself. Subject to the provisions of sub-sec. 2.3., the source code
does not form part of the subject matter of the contract.

2.3.

The Software can possibly contain FOSS. The Licensee will be provided with an up-to-date list of the
FOSS contained and of the FOSS license terms respectively applicable on request prior to entering into
the contract or when the Software is delivered at thelatest.

1.11. Patch: A correction supplied to close security gaps orremedy errors including add-ons of functions.
1.12. Target Hardware: A device on which the software will
be installed.
1.13. Test Version: A trial version of software with restrictedfunctionality and / or restricted runtime.

Software1.14. Underlicensing: Use of the software in a manner exceeding the agreed scope and type of use agreed.
1.15. Update: A new version of the software containing improvements to the program or new and/or changed
functionalities.
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License Terms and Conditions for Rental of Engineering Tools
2.4.

2.5.

Insofar as software products of third party providers
which are not covered by FOSS are also provided together with the Software, such products may solely be
used in connection with the Software. Special terms
and conditions of use can possibly apply in this respect which the Licensee will be advised of in an appropriate form.
The Licensor has the right to take technical measures
to protect the Software against any unauthorized use,e.g. by means of program locks. The Licensee may
not remove such protective mechanisms from theSoftware or work around them. It can be necessary toapply for a license key to activate the Software after
installation and if the Software and/or hardware environment is changed.
3.

3.1.

3.2.

3.3.

a.)

In the case of a single user / workstation license,
the Licensee has the right to use the Software on
one single Target Hardware device.

b.)

In the context of a network / server/ copy or floating
license, the Licensee may install the Software on
a network server or on any number of Target Hardware devices which are integrated into the local
network. In this case the Software may only be
used simultaneously on a specific number of Target Hardware devices or workstations.

c.)

In the event of a volume / multiple / multiple-user
license, the Licensee has the right to use a specificnumber of individual licenses.

d.)Under a corporate license, the Software may be
used within the Licensee’s enterprise at the establishments agreed.

Delivery, delivery periods, default

Unless otherwise agreed and in accordance with theprovisions below, the Software shall be delivered in
the version which is current at the time of delivery. If
the Software is provided on a data medium, this might
not contain the version which is current at the time ofdelivery. In this case the current version shall be supplied in retrospect. The delivery and passing of risk of
the Software shall be effected at the Licensor’s election and, unless otherwise agreed, either by virtue of
handing it over to the carrier for dispatch to the Licensee or by virtue of making the Software available as adownload and transmitting the information necessary
for the download. The Licensor shall supply a replacement free of charge if the Software or the data medium
is damaged or destroyed during the term of the contract. The Licensor can require a refund of its copying
and dispatch costs insofar as the damage/destruction
was culpably caused by the Licensee. Sentences 1-3of this sub-sec. 3.1. shall apply accordingly to supplies
in the context of supplementary performance pursuant
to sub-sec. 9.5.
The precondition for the commencement of and compliance with the delivery periods agreed is for the collaborative duties to have been performed, in particular
the timely receipt of all documents, permits, examinations, approvals to be provided by the Licensee, andcompliance with the payment terms agreed, in particular with payment of any advance payments agreed.

4.3.

The Licensee may use the Software only for the purpose indicated in sub-sec. 2.1. In particular, the following is only permitted if the Licensor has given itsprior consent in writing: (i.) the operation of a computer
center for third parties (ii.) the temporary provision of
the Software to third parties (e.g. as Application Service Providing, Software as a Service or Cloud Service) or (iii.) use of the Software for training individuals
who are not employees of the Licensee.

4.4.

Duplications of the Software are only permitted insofar
as this is necessary for the contractual use. The Licensee may make Backup Copies of the Software inaccordance with the state of the art to the extent necessary. Backup Copies shall be marked as such andmarked with the copyright notice of the original Software insofar as this is possible. The use of the Backup
Copy is only permitted if the copy of the Software originally provided by the Licensor has deteriorated or
perished. The Licensee is also subject to these Terms
and Conditions of License in respect of the use of the
Backup Copy.

4.5.

Without the prior consent of the Licensor in writing, theLicensee is not entitled to distribute the Software or tootherwise transfer it to third parties or to make it available to third parties (including rental, lease, loan or
sub-licensing). The Licensee may transfer the Software from one device (Target Hardware) or workstation to another device (Target Hardware) or to another workstation, if it is ensured at all times that the
Software can only be used in accordance with thescope agreed under the respective license model. The
Licensee may not offer the selection and dimensioning of the respective products and/or creation or modification of software by means of the Software as apayable service without the prior consent of the Licensor in writing.

4.6.

The Licensee is not entitled, subject to sub-sec. 2.3.,
to edit, change, reverse engineer, decompile or disassemble the program code of the Software or parts
thereof or to otherwise establish the source code or tocreate derivative works based on the Software. The
mandatory, obligatory provisions of secs. 69d, 69e
German Copyright Act (UrhG) shall remain unaffectedby this, however.

4.7.

The Licensee may not commission third parties whoare competitors of the Licensor to conduct measures
which are in accordance with sub-sec. 4.6. unless the

If delivery periods are not met due to force majeure orto other events for which the Licensor is not responsible, e.g. war, terrorist attacks, import and export restrictions, governmental orders, the agreed delivery
periods shall be extended appropriately by the periodof duration of the impediment. This also applies to industrial action affecting the Licensor.
4.

4.1.

4.2. The Licensor distinguishes between the following License Types, the details of which derive from the License Data:

Rights of use

With effect from the Commencement of the License
the Licensee shall be granted the non-exclusive rightto use the Software for a limited period of time in accordance with the following provisions and in compliance with the stipulations of the Documentation. The
permissible commercial use covers the installation,loading to the working memory, display and executionof the Software and the intended use of the Softwareby the Licensee for its own business purposes. The
use is only permitted in the countries of destinationagreed. In the absence of an explicit agreement, thisis the country in which the Licensee has its registeredoffice.

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License Terms and Conditions for Rental of Engineering Tools
Licensee proves that the danger of disclosing important business and trade secrets of the Licensor (inparticular functions and design of the Software) is
ruled out.
4.8.

If the Licensor provides the Licensee with Upgrades,
Updates, Patches or Bug Fixes in connection with
supplementary performance or maintenance, theseshall also be subject to these License Terms except tothe extent that they form the subject matter of a separate agreement. After installation of the new Software
version, the Licensee’s rights to the previous version
shall end after a one (1) month transition phase.

4.9.

All further rights to the Software not explicitly granted,
in particular also including all the rights to the trademark, the business secrets or to other intellectual
property in the Software, shall remain with the Licensor. Designations of the Software, in particular copyright notices, trademarks, serial numbers and the like
may not be removed, changed or otherwise renderedillegible.
5.

5.1.

5.2.

5.3.

6.3.

When using the Software, the Licensee is obliged tocomply with the duty of care necessary for usage andto check the results generated with the Software to areasonable extent before they are used. The technicalresponsibility for the selection and dimensioning
and/or configuration of specific products and/or creation and modification of software by means of the Software therefore lies solely with the Licensee. Technicalverifications of functionalities of the selected products
or product tests on compliance with standards shall be
conducted by the Licensee. The Licensee shall carryout the professional assembly and execution of the
products. A product order based on the use of the
Software shall solely be placed on the basis of the catalogue details and of the documentation belonging to
the product.

6.4.

The Licensee shall comply with the instructions provided by the Licensor for the operation of the Software.

6.5.

The Licensee shall advise the Licensor without undue
delay of possible errors in the Software. In this connection, the Licensee shall provide all the informationnecessary at the Licensor’s request. The Licensee
shall permit the Licensor to access the Software in order to search for and rectify the error; at the Licensor’s
election this may either be by direct access and/or remote access. This is regulated in more detail in subsec. 9.5.

6.6.

The Licensee is obliged to take suitable measures toprotect the Software against access by unauthorizedthird parties, in particular to store all the copies of the
Software in a protected place.

6.7.

The Licensor has the right to examine whether the
Software is being used in compliance with the rights
of use granted. To this effect the Licensor may require
the Licensee to provide information, in particular on
the period of time and extent of the use of the Software, and it may inspect the books and written records
and the hardware and software of the Licensee insofar
as they reveal any details regarding the period of timeand extent of the Software use. To this effect the Licensor shall be permitted to enter the business premises of the Licensee during normal working hours afteradvance notice of at least two (2) weeks. The Licensee shall ensure to a reasonable degree that the audit
can be conducted by the Licensor and shall collaborate in the audit. The Licensor shall use all the information obtained during the audit only for the purposeof verifying the legality of the license use. The Licensee may demand that the on-site audit be conductedby an agent of the Licensor who is subject to professional secrecy. The costs of the audit will be borne by
the Licensor unless the audit should reveal that the
Licensee is Underlicensed. In such a case the Licensee shall bear the costs of the audit. In the event of
the Licensee being Underlicensed, the Licensee shallbe additionally obliged to repay the unpaid remuneration on the basis of the list prices generally applicable
to comparable services at the time of the audit plus aflat rate claim for damages of ten percent (10 %) of thevalue of the Underlicensing. In addition, the Licensee
shall discontinue any Underlicensing without undue
delay. The Licensee remains entitled to prove that thedamage was lower.

6.8.

The Licensee is obliged to take reasonable precautions in case the Software does not work properly either altogether or in part (e.g. by means of daily data
backup, failure diagnosis, regular monitoring of theRemuneration for the license

The remuneration agreed in a separate document,
otherwise the remuneration set out in the Licensor’s
price list valid at the respective time, plus value added
tax, is payable for the temporary provision and use of
the Software in accordance with the scope of use defined in sec. 4. above. Unless otherwise agreed, theremuneration is due in advance for the Year of contract beginning at the Commencement of the License.
The Licensor has the right to increase the remuneration for the license for the first time after expiry of one
Year of Contract by giving three (3) months’ advancenotice in writing to expire at the end of a Year of Contract, however by up to an amount not exceeding theamount of the Licensor’s list prices generally valid at
the time of the notification. The fees respectively adjusted may not be further increased until, at the earliest, upon expiry of a further Year of Contract since thelast price adjustment. When the fees are adjusted, theLicensee has the right to give six (6) weeks’ notice oftermination to become effective on the effective dateof the price adjustment, insofar as the increase exceeds ten percent (10%) of the last remuneration applicable for the license.
Unless otherwise agreed in writing, all of the Licensor’s invoices are payable at the latest thirty (30) days
after the receipt and due date thereof, without any deduction, by cashless transfer to a bank account notified by the Licensor.
6.

Duties of the Licensee to collaborate and provide information

6.1.

The Licensee is responsible for its hardware and software environments being compliant with the system
requirements of the Software; in case of doubt the Licensee shall obtain advice from the Licensor or specialist third parties before entering into the contract.

6.2.

The Licensee is responsible for setting up an adequately dimensioned hardware and software environment and for installing the Software. At the Licensee’s
request, if applicable, the Licensor may conduct the
installation in return for remuneration to be agreed
separately.

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License Terms and Conditions for Rental of Engineering Tools
data processing results). The Licensor can assume
that all the data of the Licensee which it can come into
contact with are secured, unless the Licensee explicitly indicates otherwise in advance.
6.9.

The Licensee shall bear the disadvantages and more
far-reaching additional costs incurred by the Licensor
that result from a violation of the aforementioned collaboration and information duties.
7.

9.2.

Term and Termination

7.1.

The permitted use of the Software shall apply for theterm of contract agreed which derives from the License Data.

7.2.

Except to the extent otherwise agreed, the contract
shall be concluded for a fixed term of one Year of Contract. It shall be extended by a respective term of one
additional Year of Contract unless terminated by giving three (3) months’ notice prior to expiry of the term.

7.3.

7.4.

entered into. Further quality is not owed, and, in particular, it does not derive from public statements or advertising of the Licensor or its distribution partners.
The Licensor is not obliged to provide support services that go beyond liability for defects. Furthermore,in the context of the maintenance obligation, the Licensor is not obliged to adapt the Software to changes
in operating conditions or to technical and functional
developments such as changes to the IT environment.

The contract may be terminated by either party forcause without compliance with a period of notice.
Cause shall be deemed to exist in particular if (i.) the
Licensee violates rights of use of the Licensor by using the Software over and above the scope permitted
under these License Terms and Conditions and fails
to discontinue the violation within a reasonable periodof time following a warning by the Licensor; (ii.) the
Licensee is in arrears with two consecutive paymentsof remuneration for the license pursuant to sub-sec.
5.1. or with a not inconsiderable part of this remuneration for two successive time periods or is in arrears
in a period of time covering more than two time periods with a payment corresponding to the remuneration for two time periods; (iii.) there is a significant deterioration in the financial circumstances of the Licensee or if this is impending and as a result the performance of a payment obligation to the Licensor is injeopardy or (iv.) the criteria for insolvency or over-indebtedness have been met by the Licensee. In thefirst case (sub-sec. 7.3.i.), the Licensee has no entitlement to a refund of the license remuneration alreadypaid. The Licensor reserves the right to claim additional damages.

9.1.

Caused by faulty application on the part of theLicensee that could have been avoided if theDocumentation had been carefully consulted;
this also applies in the event of inexistent or insufficient backup measures pursuant to sub-sec.
6.8. which would have avoided data loss;b.)

Due to virus contamination or to other external
influences for which the Licensor is not responsible such as fire, accidents, power failure etc.;c.)Caused by the Software being used in an operating environment which is different from that approved by the Licensor or due to faults in the
hardware, the operating system or to the software of other manufacturers;d.)Caused by the Software having been modified
by the Licensee or third parties without autorization.

In respect of Software products which the Licensee ora third party has expanded via an interface designatedfor this purpose by the Licensor, the Licensor shall be
liable only for defects occurring up to the interface.

9.4.

The Licensee is obliged to notify the Licensor of defects in the Software without undue delay after discovery thereof. In the event of defects as to quality, thisshall be done by describing the time when the defects
occurred and the more detailed circumstances. If theLicensor undertakes an error analysis at the Licensee’s request and if it transpires that there is no defectwhich the Licensor is obliged to remedy, the Licensor
has the right to charge the Licensee for the expenses
incurred based on the respectively applicable hourly
rates of the Licensor.

9.5.

Defects in the Software shall be rectified by the Licensor within a reasonable period of time (supplementary
performance). This shall be done at the election of theLicensor by rectifying the defect by means of an Update/ Patch/Bug Fix/Upgrade or by supplying defectfree Software or indicating a Workaround, the latter insofar as this is reasonable for the Licensee taking account of the impacts of the defect and the circumstances of the Workaround solution indicated. In addition, sec. 10. shall apply to claims for damages for
fault-based liability.

End of Contract

When the Licensee’s right of use ends (e.g. by virtueof the end of the contract term, notice of terminationor supply of a replacement), the Licensee shall delete
or destroy all the data media, copies of the Software
including the Backup and the Documentation provided
for use and confirm this to the Licensor in writing uponrequest. The same shall apply in the event of a replacement being supplied (sub-sec. 4.8.) for the previous Software versions.
9.

a.)

9.3.

Statutory rights and claims shall not be restricted by
the provisions contained in sec. 7.
8.

The Licensor does not provide a warranty for errors in
the Software

10. Liability

Warranty

Only the description of the Software provided by the
Licensor prior to concluding the contract or agreed ina separate document, e.g. in the Documentation, isdecisive for the quality of the Software. The details
provided therein are solely to be understood as performance descriptions and not as guarantees. A guarantee is only given if it has been explicitly specified assuch in writing by the Licensor before the contract is

10.1.

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The Licensor shall be liable for damages in accordance with the provisions of statute in the event of injury
to life and limb, damage based on the Product Liability
Act, for damage caused by fraudulent conduct or intent by the Licensor and for damage caused by grossnegligence of the statutory representatives or managerial employees [leitende Angestellte] of the Licensor.

License Terms and Conditions for Rental of Engineering Tools
10.2. Without prejudice to the liability under sub-sec. 10.1.,
the Licensor shall be liable for damages in an amountlimited to the amount of foreseeable damage typical of
the contract at the time when the contract was enteredinto for damage caused by a violation of material contractual obligations through simple negligence and fordamage caused by persons engaged in the performance of an obligation of the Licensor [Erfüllungsgehilfen]. Material obligations are obligations
which, when performed, make the proper execution of
the contract at all possible and which the Licensee
may regularly rely on compliance with. The amount ofdamage typical of the type of contract and foreseeable, resulting from violations of duty by the Licensor
corresponds to the amount of remuneration paid by
the Licensee in the Year of Contract of the event causing the damage, but not exceeding EUR 100,000. If
the maximum amount of liability is not reached in one
Year of Contract, the maximum amount of liability
shall not increase in the following Year of Contract.
10.3. Further liability of the Licensor is excluded, subject toprovisions in these License Terms and Conditions explicitly providing otherwise. In particular, the Licensor
has no liability for initial defects, except insofar as theprecondition of sub-sec. 10.1. or 10.2. has been met.
The Licensor is not liable for damage incurred by the
Licensee due to a failure to secure data in accordancewith sub-sec. 6.8.
10.4. It is partially possible for the Software to be used toinfluence or control an electronic system. Such actions can cause injury to life or limb or property damage. The Software shall therefore solely be operated
by qualified specialist personnel. The Licensor does
not assume any liability for damage caused by incorrect operation or by use other than the designateduse.
10.5. Joint fault by the Licensee must be taken into consideration.
10.6. The foregoing restrictions of liability shall also apply tothe personal liability of the employees, representatives and/or organs of the Licensor. They shall also
apply to the liability of the Licensor with regard to compensation for wasted expenditure and to indemnification obligations.
11. Third party rights
11.1. During the term of contract, the Licensor warrants inaccordance with the provisions below that the Software does not infringe any third party rights:
a.)

b.)

If third parties should bring a claim for an infringement of their rights against the Licensee,
the Licensor shall indemnify the Licensee fromand against all claims for damages resulting
therefrom established by a final and non-appealable court judgment and for which the Licensor
is responsible, including court costs and thecosts of legal defense which are eligible for refund pursuant to the provisions of the German
Code of Civil Procedure [Zivilprozessordnung].
The Licensor shall support the Licensee during
the judicial and extrajudicial settlement of suchdisputes with third parties.
If (i.) a final judgment is returned against the Licensee or (ii.) an interim injunction is served on
the Licensee enjoining the Licensee from using
the Software or at least part of it, the Licensor

shall, in order to cure the infringement of rights,
at its discretion either obtain for the Licensee theright to continue to use the Software or replaceor modify the Software whilst upholding theagreed functionalities or, if neither of the alternatives named is realizable by the Licensor subject
to reasonable conditions, terminate the Licensee’s rights to the Software in writing. Insofar as
is reasonable for the Licensee, the termination
shall only be effected to the extent that is necessary to prevent the infringement of the rights.
11.2. The claims of the Licensee under this sec. 11. aresubject to the condition that (i.) the Licensee advises
the Licensor without undue delay of the third party
claims brought, (ii.) the Licensee provides the Licensor with a copy of all the correspondence in this respect with the claimant and the courts and always
without undue delay after receipt thereof, (iii.) the Licensee provides the Licensor with the information required to defend against the claim and (iv.) the Licensor reserves the exclusive right to control the conductof the lawsuit by the Licensee and the right to take thefinal decision on entering into any judicial and extrajudicial settlements.
11.3. In the event that, in the opinion of the Licensor or athird party, the Software infringes third party rights, theLicensor has the right, at its own discretion taking theinterests of the Licensee into adequate consideration,
to replace or modify the Software whilst upholding theagreed functionalities in order to remedy the allegedor presumed infringement of rights.
12. Data use and data protection
12.1. The Licensor has the right to store, use, transfer
and/or exploit all of the information contributed andgenerated by the Licensee in connection with the Software, with the exception of personal or company-related data, for any purposes over and above the purpose of the contract, for instance for statistical, analytical and internal purposes. This right is unlimited andirrevocable.
12.2. If personal data are processed, the Licensor shallcomply with the statutory data protection regulations.
In this case the details on the data collected and therespective processing thereof are set forth in the dataprotection statement.
13. Confidentiality
13.1. The Licensee undertakes to treat Confidential Information in confidence and not to disclose it to third parties unless this is necessary in order to exercise therights the Licensee is entitled to in accordance withthese Terms and Conditions of License. In order toprotect the Confidential Information the Licensee shallapply the same measure of care (but not less than areasonable measure of care) as it applies to its own
Confidential Information.
13.2. The obligation of secrecy under sub-sec. 13.1. does
not apply to Confidential Information (i.) which was already in the lawful possession of the Licensee prior tobeing disclosed by the Licensor; (ii.) which was or becomes public knowledge without any violation of dutyby the Licensee; (iii.) which the Licensee lawfully received from third parties without any secrecy obligations; (iv.) which was disclosed to third parties by the
Licensor without any secrecy obligations; (v.) which
was developed by the Licensee itself; (vi.) which has

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License Terms and Conditions for Rental of Engineering Tools
to be disclosed by law; or (vii.) which is disclosed by
the Licensee with the prior consent of the Licensor inwriting.
14. Export control
14.1. If, prior to supply, it should transpire that performanceof the contract by the Licensor faces obstacles due tonational or international export control regulations, inparticular to embargos or other sanctions, the Licensor has the right to terminate the contract. Delays due
to export examinations or permit procedures shall interrupt the delivery period unless the Licensor is responsible for such delays.
14.2. If termination of the contract is necessary in order tocomply with legal regulations of national or international law, the Licensor has the right to give notice oftermination of the contract with immediate effect unless the Licensor is responsible for this.
14.3. In case of termination pursuant to sec. 14.1. or 14.2.,
the Licensee’s right to claim compensation or to claim
further rights because of the termination is excluded.
14.4. The Licensee undertakes to furnish all the informationand documents that are required for the export or
movement of the products to be supplied in accordance with the contract and other work results required
for the purpose of the supply and which derive fromthe Licensee’s sphere of influence.
14.5. When passing on, transferring or otherwise providing
to third parties for use in the domestic country andabroad the products to be supplied by the Licensor inaccordance with the contract and other work results,
the Licensee shall comply with the respectively applicable customs regulations and with the provisions of(re) export control law and obtain the permits necessary for this.
14.6. The Software may not be used for the manufacture ordevelopment of rockets, chemical/biological or nuclear weapons.
15. General provisions
15.1. The courts of Stuttgart, Germany, shall have exclusive
jurisdiction and venue insofar as this is legally permissible. The Licensor reserves the right, however, totake legal action at a court with jurisdiction at the registered office or establishment of the Licensee.
15.2. The present Terms and Conditions of License and all
agreements in this respect between the Licensor andthe Licensee shall be governed by German law excluding the conflict of laws provisions. The applicability of the UN Convention on Contracts for the International Sale of Goods is explicitly excluded.
15.3. If a provision should be or become ineffective, the effectiveness of the remaining provisions shall not beaffected thereby. In this case the ineffective provision
shall be replaced by a permissible provision approximating most closely the economic purpose of the original ineffective provision. This shall apply accordingly
to any omissions.
15.4. Alterations and supplements to these Terms and Conditions of License must be made in written form.
Emails do not comply with the written form requirement.
© Bosch Rexroth AG
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