SUPPLEMENTARY TERMS AND CONDITIONSOF BALLUFF GMBH FOR THE LICENSING OF
THE STANDARD SOFTWARE IMPACT ACQUIRE(AGAINST PAYMENT AND FREE OF CHARGE)
Status 05/2023
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1.5
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General – Scope
These supplementary terms and conditions (hereinafter referred to as "SUPPLEMENTARY TERMS AND
CONDITIONS") apply (a) to the licensing against payment and (b) to the free licensing of the standard software
Impact Acquire (hereinafter referred to as "SOFTWARE") of Balluff GmbH (hereinafter referred to as "Balluff") to thecustomer (hereinafter referred to as "customer").
Separate terms and conditions shall apply to other types of software licensing and legal transactions (cf. Section 1.3 ofthese SUPPLEMENTARY TERMS AND CONDITIONS).
These ADDITIONAL TERMS AND CONDITIONS apply in addition to the "Terms and Conditions of Balluff GmbH for thelicensing of standard software against payment" (hereinafter referred to as "T&C-PAID" and to the "Terms andConditions of Balluff GmbH for the licensing of standard software free of charge" (hereinafter referred to as "T&CFREE".
In the event of discrepancies between T&C-PAID or T&C-FREE and the SUPPLEMENTARY TERMS AND
CONDITIONS, the provisions of these SUPPLEMENTARY TERMS AND CONDITIONS shall prevail.
If no separate definitions of terms are regulated in these SUPPLEMENTARY TERMS AND CONDITIONS, thedefinitions of terms from the T&C-PAID and the T&C-FREE shall apply.
No subject of these SUPPLEMENTARY TERMS AND CONDITIONS are in particular, but not conclusively: (a) theinstallation of the SOFTWARE on the customer's premises; (b) the individual setting of variable parameters with respect
to the SOFTWARE according to the customer's requirements (customizing); (c) individual program extensions for thecustomer; (d) adaptations of the SOFTWARE interfaces according to the customer's needs; (e) training of thecustomer's users; and (g) maintenance of the SOFTWARE.
These SUPPLEMENTARY TERMS AND CONDITIONS apply exclusively. Balluff does not recognize any terms andconditions of the customer that conflict with or deviate from these SUPPLEMENTARY TERMS AND CONDITIONS, orany terms and conditions of the customer that are not regulated in these SUPPLEMENTARY TERMS AND
CONDITIONS, unless Balluff has expressly agreed to their validity in writing.
These TERMS AND CONDITIONS apply only to entrepreneurs within the meaning of § 14 BGB (German Civil Code).
Subject matter of the contract - Licensing against payment - Licensing free of charge
The subject of these SUPPLEMENTARY TERMS AND CONDITIONS is the granting of rights of use of the SOFTWAREagainst payment or free of charge.
It is regulated in the respective individual contracts whether the SOFTWARE is licensed against payment or free ofcharge. In the case of free licensing, the T&C-FREE also apply; in the case of licensing against payment, the T&CPAID also apply.
If the customer acquires the related hardware products from a THIRD PARTY, the licensing of the SOFTWARE to thecustomer shall always be against payment. In this case, the T&C-PAID shall also apply.
For the purposes of these SUPPLEMENTARY TERMS AND CONDITIONS,"THIRD PARTIES" shall mean allcompanies as well as natural and legal persons that are not members of the Balluff Group.
In the event that the SOFTWARE is provided against payment, Balluff shall grant the customer, if applicable, a freetest phase for the use of the SOFTWARE, which shall be limited in terms of time and/or content. During this test phase
the T&C-FREE and the provisions for the licensing of the SOFTWARE free of charge from these SUPPLEMENTARYTERMS AND CONDITIONS apply.
Hardware rights of use
The SOFTWARE and the LICENSE DOCUMENTATION may generally only be used on the hardware (a) which Balluff
has delivered to the customer together with the SOFTWARE, and, (b) which Balluff has delivered to the customer
separately, provided that this hardware is intended for the SOFTWARE.
As an exception, the customer is entitled to a non-exclusive right, against payment, to install and use the SOFTWARE
with hardware supplied to the customer by a THIRD PARTY (hereinafter referred to as "THIRD-PARTY HARDWARE")
if Balluff has expressly granted the customer such a right of use, against payment, in the respective individual
case/individual contract and if the customer complies with all specifications from the LICENSE DOCUMENTATION, inparticular with regard to the interfaces.
The T&C-PAID and all provisions of these SUPPLEMENTARY TERMS AND CONDITIONS for the licensing of theSOFTWARE against payment shall apply to this right of use against payment with regard to THIRD-PARTY
HARDWARE.
As an exception, the customer is entitled to a gratuitous, non-exclusive, revocable right to install and use theSOFTWARE with THIRD-PARTY HARDWARE if Balluff has expressly granted the customer such a gratuitous right ofuse in the respective individual case/individual contract. This granting of rights - without having to comply with thespecifications from the LICENSE DOCUMENTATION - is made purely as a courtesy.
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The T&C-FREE and all provisions of these SUPPLEMENTARY TERMS AND CONDITIONS for the licensing of theSOFTWARE free of charge shall apply to this gratuitous right of use with respect to THIRD-PARTY HARDWARE.
Since Balluff has neither developed nor tested the SOFTWARE for use with THIRD-PARTY HARDWARE, the customer
installs and uses the SOFTWARE in connection with THIRD-PARTY HARDWARE in the case of gratuitous use at theirown risk and peril.
Liability for defects
The provisions of the T&C-FREE apply to the liability for material defects and defects of title for the provision ofSOFTWARE free of charge.
Furthermore, Balluff does not guarantee that the SOFTWARE will function with THIRD-PARTY HARDWARE.
For the licensing of SOFTWARE against payment, the provisions of the T&C-PAID apply to the liability for material
defects and defects of title.

Balluff GmbH
Schurwaldstrasse 973765 Neuhausen a.d.F.
Germany
Tel. +49 (0) 7158 173-0
balluff@balluff.dewww.balluff.com–2–
Doc. No. 896023.011 · DE · E23