General Terms & Conditions of License - ITS Informationstechnik ...

4.1 If licensees require a license key to unlock the licensed programs (numerical code), it will beprovided by ITS. ITS will provide the licensee with a new license key in due time prior to the expirationof the time period for which the licensed programs have been unlocked by the license key.4.2 If by agreement the licensed programs are to be used on a personal computer (PC), ITS shallprovide to the licensee, by way of loan and for the duration of use of the licensed programs inconformity with the contract, a dongle (a plug with an identifying code) that shall be attached to therespective PC by the licensee in accordance with the instructions for use.5. ConfidentialityThe licensee undertakes to hold the licensed material in strictest confidence and protect itagainst unauthorized access by third parties, including employees who are not responsible for use ofthe licensed material. The licensee shall keep any copies made by licensee under lock and key astrade secrets.6. Limits of Right of Beneficial Use, Contractual Penalty6.1 The licensee undertakes to use the licensed material, including modified programs, only withinthe framework of the rights granted to the licensee (Item 2). In particular, the licensee agrees to notmake unauthorized copies, pay strict attention to the number of simultaneous users, and not enablepersons who are not authorized in accordance with these terms and conditions to access the licensedmaterial.6.2 For each instance of culpable violation of the licensee's obligations in accordance with Items 5and 6.1, the licensee undertakes to pay ITS a contractual penalty of EURO 10.000,00 or, in the eventof a continual violation through use of licensed material by the licensee contrary to contract, forexample by exceeding the contracted maximum number of servers or simultaneous users, EURO10.000.00 for each calendar week, at the most, however, EURO 150.000,00.Contractual penalties paid by the licensee shall be credited to any further claims for restitutionof damages on the part of ITS.7. Changes7.1 These terms and conditions shall also apply for use of updates, upgrades or new versions ofthe licensed programs as well as for programs handed over to the licensee on the basis of additionalsoftware delivery notes.7.2 ITS recommends that the licensee notifies ITS in writing of changes in the server location,hardware configuration, or operating system specified in the technical environment description, toensure at all times that the nature and extent of use of licensed programs by the licensee is clearlyestablished.8. End of ContractWhen the contract ends by termination or expiration of the contracted period of use, thelicensee agrees to immediately return to ITS all copies of the licensed material in the licensee'spossession, whether printed or on data media, especially all copies of licensed programs, withoutkeeping any copies, and to immediately delete copies of licensed programs on storage media at thelicensee's, particularly hard disks.Last revised: 09/2008General Terms and Conditions of Licensee