Bosch BT-FIR AVENAR License
Version 1.0, 25 November 2019

Copyright 2019 Bosch Sicherheitssysteme GmbH. All rights reserved.

BOSCH SICHERHEITSSYSTEME GMBH
END USER LICENSE AGREEMENT FOR FIRE PANEL AVENAR

Bosch Sicherheitssysteme GmbH ("Bosch") licenses this software and all associated documentation (the "Software") for nonexclusive use by the end user (herein called "Licensee"). Licensee has read this End User Software License Agreement (the "License") and agrees to abide by the terms and conditions of this License. By using the Software you, Licensee, accepts and agrees that Licensee will abide by, and are legally bound by, the terms of this License. If Licensee does not agree to abide by the terms of this License, Licensee shall immediately return the Software to Bosch. Licensee's use of the Software is subject to the following terms and conditions:

1 License.
	Under the terms of this non-exclusive, non-transferable (except as specifically permitted herein) License:
	1.1 Licensee may use a machine-readable form of the Software on a single computer or a single server at a time and only for the operation of Bosch products.
	1.2 Licensee may not modify, translate, create derivative works, decompile, disassemble, or reverse engineer the Software, except to the extent as permitted under applicable law, but in such case only for the purpose to enable interoperability of the Software with other systems.
	1.3 Licensee may not sublicense, lease, or otherwise rent the Software without Bosch's prior written consent.
	1.4 Licensee may make one copy of the Software solely for backup or archival purposes, provided such copy contains the original Software proprietary notice. No other copying of the Software is permitted.
	1.5 This License will terminate automatically if Licensee fails at any time to comply with any of its terms or conditions.
	1.6 Licensee may terminate this License at any time by returning the Software to Bosch and complying with the terms of Section 1.7 below.
	1.7 Upon any termination of this License, Licensee shall immediately destroy the Software or return it to Bosch along with any copies Licensee has made, and delete any installed copy from Licensee's hardware. After termination of this License, Bosch will not provide any further support for the Software.

2 Transfer of Ownership.
	Licensee may transfer this Agreement and the License granted hereunder to another party only if Licensee:
	2.1 also transfers the License, the Software, all accompanying documentation, and (by sale or lease) ownership of the associated Bosch hardware, if applicable,
	2.2 requires the other party to abide by the terms of this License, and
	2.3 destroys all copies of the Software, documentation and updates thereto that Licensee does not transfer to the other party.

3 Ownership and Propriety Rights.
	Although the diskette/media containing the Software is Licensee's, the Software is owned and copyrighted by Bosch and/or its suppliers. Except for the rights expressly granted herein, Bosch and its suppliers retain all rights to the Software, including, without limitation, the title to all copyright, patent, trade secret, and other intellectual and proprietary rights therein, and any copies thereof, in whole or in part, all of which are the valuable property of Bosch and/or its suppliers. Licensee may not remove, change, or delete the copyright notice from the Software. If Licensee makes any copies of the Software in whole or in part, all such copies shall contain the same copyright and proprietary markings as appear on or in the original Software copy, including diskette markings. Licensee will instruct its employees and others having access to the Software in, and ensure their compliance with the terms of, this License. Licensee shall use its best efforts to prevent any unauthorized copying of the Software. Licensee shall be responsible for any breach of any provision of this License by Licensee's employees. Licensee shall not sell, transfer, publish, disclose, or otherwise make available, the whole or any part of the Software, or any copies thereof, to any third party or persons not permitted by the terms of, and pursuant to the terms contained in this License. Licensee is not in violation of this Agreement, including this section, when a third party views the functional output resulting from Licensee's use of the Software.

4 Taxes.
	Licensee must pay all taxes that may now or hereafter be imposed, levied, or assessed, with respect to the possession or use of the Software or this License. Licensee shall file all reports required in connection with such taxes.

5 Liability.
	5.1 Bosch shall only be liable for damages arising in connection with or as a result of this agreement if liability is a legal requirement for cases of gross negligence or intent. Otherwise Bosch shall assume no liability. The aforementioned exclusion shall not apply for damages and losses resulting from personal or bodily injuries and death as well as in cases where Bosch has assumed a guarantee with respect to specific properties of the Software.
	5.2 The liability of Bosch under the German Product Liability Act shall remain unaffected.
	5.3 Bosch shall not be liable for any infringement of third-party rights by the Software.

6 Open Source Software.
	6.1 The software of the offered product possibly includes open source software and third party software under royalty free licenses ("FOSS").
	6.2 The FOSS in the product is subject to FOSS license agreements ("FOSS-Licenses"). Pursuant to these FOSS-Licenses, Bosch has to pass on to the Licensee their terms and conditions and Licensee has to comply with these terms and conditions and fulfill respective obligations when using the FOSS in another way than merely installing and running it internally on Licensee's machines, e.g. through further disposal of the product, as by distribution, selling, or otherwise passing it on to a third party. The rights under the FOSS-Licenses are being granted to Licensee, and in the event of Licensee passing on a copy of the product to another party, the terms and conditions of the respective FOSS-Licenses apply to the distribution of any included FOSS (in some cases, the FOSS-License provides a direct license from the author/licensor of the FOSS to the third party). For many FOSS-Licenses, Bosch itself can neither grant nor obtain these rights for Licensee. The applicable FOSS-Licenses are available on the internet address of the provider of the FOSS or will be made available by Bosch upon your request.
	6.3 The FOSS itself does not contribute to the sales price of the product of Bosch and thus is provided without royalty or monetary compensation.
	6.4 Licensee has to, either expressly, or implied by amendment or adaptation of the FOSS, accept and take responsibility for his compliance with the applicable FOSS-Licenses. Further, Licensee has to agree that updates or new versions of the product software may contain different or additional FOSS or changes in the FOSS-Licenses.
	6.5 If any terms or restriction of this EULA conflict with the license conditions of Open Source Software included in this product, the terms and conditions of these Open Source Software licenses shall prevail.

7 Export Control Laws.
	7.1 Bosch's responsibility for delivery is limited to the delivery of the Software to Licensee. Bosch will not be responsible for obtaining any export licenses or re-export licenses which may be required for any subsequent shipping of the Software to destinations determined by Licensee.
	7.2 In the event that Licensee, or any subsequent party handling the Software after delivery by Bosch to Licensee, does export the Software then, as between Bosch and Licensee:
		7.2.1 Licensee shall be solely responsible for compliance with all applicable laws and regulations relating to such export including, but not limited to (a) export licenses or license exceptions, (b) determining correct classification at the time of export; and (c) any other regulatory agency approval requirements; and
		7.2.2 Any diversion of the Software contrary to applicable law (including but not limited to U.S. law and the law of the jurisdiction in which Licensee is located) by Licensee or any such subsequent party is prohibited, and Licensee shall be solely responsible for any diversion which is contrary to applicable law.
		7.2.3 Bosch may notify Licensee of any export issues identified by Bosch including, but not limited to, any export license requirements. Upon any such notification, the parties shall cooperate in good faith to achieve compliance with applicable laws and regulation relating to exports.

8 Term and Transfer.
	Licensee may terminate this License at any time by returning the Software to Bosch, or destroying the Software, together with all copies, in any form. Bosch may terminate this License if Licensee fails to comply with its terms and conditions in any material respect. Upon any termination, Licensee may not use the Software and must return or destroy all whole and partial copies thereof. After termination, Bosch will not further support the Software.

9 Governing Law / Place of jurisdiction.
	This agreement is subject to German law. The Hague uniform law on the formation of contracts for the international sale of goods, the UNCITRAL sales law (Vienna Sales Convention) and other multilateral conventions governing the sale of goods are not applicable. The place of jurisdiction shall be Munich, Germany.

10 Entire Agreement.
	This Agreement, any Bosch Standard Terms and Conditions as applicable from time to time, as well as all exhibits, schedules or appendices hereto, constitutes the complete and exclusive statement of the terms hereof and supersedes all prior oral and written statements of any kind made by the parties or their representatives with respect to the subject matter hereof. Any Customer purchase order or similar document issued by Customer shall not be part of this Agreement and shall not add to or modify any of the terms hereof. This Agreement may only be changed or supplemented by a written amendment signed by authorized representatives of the parties.
