End User License Agreement (EULA)

Software from C4B COM For Business AG, Untere Point 8, 82110 Germering (hereinafter: C4B) is provided to the customer by the respective licensor from whom the customer has purchased or rented (hereinafter also: licensed) the software (from C4B or its sales partners) under the following licence restrictions, unless the customer agrees otherwise with its respective licensor in individual cases on the basis of an offer made in text form and its acceptance made in text form (hereinafter: Individual Contract):

1. Subject matter and scope of application of the EULA

a. This EULA applies to software that C4B has developed itself or distributes under its own brand (hereinafter: Software or Proprietary Software). In the case of software that is not C4B's own software (hereinafter: Third-Party Software), the Licensor reserves the right to offer and agree further or deviating terms of use with the customer in the Individual Contract.

b. This EULA applies only to customers who have licensed the Software for the purpose of using it themselves (hereinafter also: End Customer); it does not apply to C4B's sales partners.

c. This EULA applies to Software that the End Customer operates itself under its own responsibility (hereinafter also: On-Premises Use) and to Software that is made available to the End Customer for use via the Internet (hereinafter: Cloud Software)

d. This EULA applies both to the Software that is initially provided to the End Customer by the respective licensor and to future releases of the Software that are provided to the End Customer either as part of the warranty (in the case of Cloud Software or On-Premises Use in the abonnement model) or on the basis of an Individual Contract for Up2Date services (hereinafter: Up2Date), unless the Individual Contract provides otherwise in individual cases.

e. This EULA also applies to any accompanying material for the Software.

f. The Software and the accompanying material are protected by copyright and contain or are provided together with confidential information of C4B (such as the license and serial numbers of the Software). The End Customer is not granted any further rights to the Software and/or the accompanying material beyond the rights expressly listed in this EULA.

2. Contractual Inclusion of the EULA

a. By expressly agreeing to this EULA as part of a Software installation process and - if this express agreement has not been given - by merely installing and/or using the Software, the End Customer recognises and accepts the exclusive validity of this EULA.

b. Any general terms and conditions of business or purchase of the End Customer shall not apply and their inclusion is hereby rejected. This EULA shall also apply exclusively if the respective licensor of the End Customer has provided the Software without reservation in the knowledge of conflicting general terms and conditions of business or purchase of the End Customer.

3. Reservation of Rights

a. The End Customer recognises and accepts that the rights of use according to Sect. 4 and 5 of this EULA shall only be granted by the respective licensor as soon as the End Customer has paid in full the fee agreed with the respective licensor for the Software in the case of On-Premises Use on a permanent basis, in the case of On-Premise Use in the abbonement model and in the case of Cloud Software the first abonnement or subscription fee.

b. To secure this reservation of rights, the End Customer shall receive a licence certificate with a licence authorization code together with the respective Software. With the help of this data, the End Customer can only retrieve the licence authorization code after full payment at https://www.c4b.com/de/service/ and use the Software in accordance with Sections 3 to 5 of this EULA.

c. The licensor is entitled at any time - in particular in the context of On-Premises Use in the subscription model, the use of the Cloud Software and in the context of Up2Date - to use other equivalent measures to enforce the reservation of rights instead of the licence authorization code, such as the introduction of a digital rights management system.

4. Scope of the End Customer's Rights of Use

a. The End Customer is authorised, in the sense of a non-exclusive right of use, to allow the Software to be used by the natural persons to be named by the End Customer only for the purposes of the End Customer (named users), provided that the maximum number of users agreed in the Individual Contract is not exceeded at any time. The named users may be employees of the End Customer, self-employed persons or employees of a third-party company, provided that they limit their use to the respective purposes of the End Customer. The End Customer must ensure that the above restrictions on use are complied with by the named users and is responsible for their behaviour to the same extent as for its own actions. The End Customer is not permitted to rent, lease or lend the Software to third parties. Furthermore, the End Customer is not permitted to reverse engineer, decompile or disassemble the Software, unless this is permitted by applicable copyright law.

b. The End Customer is authorised to replace a user once named by him at any time, i.e. to assign the rights of use to a new named user, provided that the maximum number of named users agreed in the Individual Contract is not exceeded.

c. If the End Customer is provided with server and client software, this is - even in the case of subsequent licensing of server or client Software - a system licence as a whole, which can only be the subject of Up2Date as a whole.

d. In the case of On-Premises Use on a permanent basis, the non-exclusive rights of use of the End Customer shall exist for an unlimited period of time, in the case of On-Premises Use in the abonnement model and in the case of Cloud Software only for the duration of the respective Individual Contract with the respective licensor, unless otherwise provided for in the following letter e.. Upon expiry or other termination of the Individual Contract, the End Customer shall immediately cease using the Software and ensure that the named users do the same.

e. In the case of trial use, the End Customer's right of use shall, in deviation from letter d., only exist for four weeks from registration. Within the scope of trial use, the End Customer is only permitted to use the Software for their own test purposes. Use for benchmarking purposes and any non-confidential use of benchmarking results requires the prior consent of C4B in text form.

f. The End Customer is not authorised to permanently transfer its rights of use under this clause to a third party.

g. If, in the case of On-Premises Use, upgrades are provided to the End Customer on a permanent basis, the End Customer is recommended to purchase upgrades for the entire Software used by him. Parts, modules and licences for which no upgrade is purchased can neither be used by the End Customer nor are they subject to Up2Date.

h. In addition, the product-specific provisions under Sect. 5 of this EULA shall apply.

5. Product-Specific Regulations on Rights of Use

5.1 Cloud Software "Contacts By XPhone"

a. With the cloud Software "Contacts By XPhone", every user who uses this Cloud Software over any period of time during a calendar month is counted as an active user and is taken into account when determining the maximum number of users agreed in the Individual Contract.

b. In the case of the "Contacts By XPhone" Cloud Software, the End Customer's right of use is limited to an LDAP interface which serves to support third-party applications in caller identification based on the telephone number supplied by the telephone network during a telephone call ("reverse number lookup") and which a third-party session border controller (not included in the scope of use of the "Contacts by XPhone" cloud Software) can use. The licence basis is the "called number" (so-called "Called Party ID"). A user must be licensed for each called number for which a caller is to be identified. It is assumed that each called number belongs to a natural person. In the case of collective numbers (hotlines), the maximum number of persons that can be reached via the collective number is licensed. This applies analogously to the use of the LDAP interface for other applications.

c. A subscription licence for the Cloud Software "Contacts By XPhone" includes the use of the server component "XPhone Connect Directory". Other XPhone Connect components (e.g. UCC, fax, voicemail, etc.) are explicitly excluded from this use. For the included use, the installation setup specifically intended for the Cloud Software "Contacts By XPhone" must be used (file name starting with "ContactsByXPhone"), which can be downloaded from the C4B product website (download link accessible from the Microsoft Teams app under "Info").

d. The "Contacts by XPhone App" for Microsoft Teams and the "XPhone Connect Directory" component are a self-contained and coordinated functional unit that is also licensed together. However, for reasons of simplified administration, it may make sense to connect the Contacts by XPhone app as an add-in in Microsoft 365 with the directory of an existing XPhone Connect UCC system. This is technically possible without restrictions. This operating case exists if the installation package for the UCC solution was used (file name of the setup begins with "XPhoneConnect"). In this combination, the XPhone Connect UCC system must be licensed in addition to the "Contacts by XPhone" subscription in accordance with the UCC functional scope used, including an active Up2Date agreement.

6. Miscellaneous

a. The End Customer is prohibited from publishing licence and serial numbers of the Software as well as the accompanying material or passing them on to third parties and will treat them confidentially.

b. Accompanying material for the Software may not be reproduced or edited by the End Customer. The End Customer may not remove or alter any copyright or trade mark notices from the Software or the accompanying material.

THE OTHER TERMS AND CONDITIONS (such as warranty, applicable law and jurisdiction) ARE EXCLUSIVELY DETERMINED FROM THE INDIVIDUAL AGREEMENT BETWEEN THE END CUSTOMER AND ITS RESPECTIVE LICENSOR. THESE EULA ARE PART OF THIS INDIVIDUAL CONTRACT AND ARE ACCEPTED BY THE END CUSTOMER BY INSTALLING OR COMMISSIONING THE SOFTWARE.