2024/05/01

End User License Agreement ("EULA") between Enreach GmbH/Enreach Communications GmbH ("Enreach") and all Enreach resellers, end customers ("End Customer") and its users (resellers, End Customer and users individually or collectively also referred to as "you"), parties hereinafter individually or collectively also referred to as "Parties".

1) THIS EULA CONTAINS THE TERMS OF USE ("EULA Terms") FOR ALL SWYX SOFTWARE OFFERINGS IN ALL ON-PREMISES AND OFF-PREMISES VARIANTS ("Swyx Software Product(s)"), e.g. off-premises rental as SaaS service (currently SwyxON, hereinafter "Services"), on-premises rental (currently Swyx Flex and SwyxWare Compact for Datacenter SDC, hereinafter "Rented Product(s)"), online license purchase (currently Swyx Purchase) and offline license purchase via license letter (hereinafter also "Licensed Product(s)"), as well as successor products, irrespective of their product name.

2. TO MAINTAIN THE TECHNICAL INTEGRITY OF SWYX SOFTWARE PRODUCTS AND ENREACH IT SYSTEMS AND IN THE INTEREST OF LEGALLY COMPLIANT USE, RESELLERS, END CUSTOMERS AND USERS MUST COMPLY WITH THESE EULA TERMS. NOTICE:

• To the extent that Enreach's contractual partners are end customers, they are hereby directly obliged (i) to comply with the EULA terms and conditions and (ii) to oblige their users to comply with the EULA terms and conditions.
• To the extent that Enreach's contractual partners are resellers, they are hereby directly obligated to impose on their contractual partners (the end customers) the obligation to (i) comply with the EULA Terms and (ii) obligate their users to comply with the EULA Terms. THE EULA TERMS TAKE PRECEDENCE OVER THE PROVISIONS OF THE AGREEMENT BETWEEN THE RESELLER AND THE END CUSTOMER.
• Insofar as you have made individual arrangements with Enreach regarding a Swyx software product that deviate from this EULA, these INDIVIDUAL AGREEMENTS BETWEEN YOU AND ENREACH shall take precedence.

3. SWYX SOFTWARE PRODUCTS ARE INTENDED FOR BUSINESS CUSTOMERS ONLY. If you are not a business customer, you are NOT authorized to use Swyx Software Products. If you are a small business or micro-entrepreneur and nevertheless wish to use Swyx Software Products, you accept that you are a "business customer" within the meaning of these Terms and hereby expressly waive any statutory consumer rights.

4. BY PLACING A BINDING ORDER FOR A SWYX SOFTWARE PRODUCT, YOU CONFIRM THAT YOU ARE AWARE OF THE CONTENT OF THE EULA TERMS AND CONDITIONS AND THAT YOU ACCEPT ALL EULA TERMS AND CONDITIONS. If you do not accept individual EULA terms and conditions, you may not place a binding order and must negotiate an individual arrangement with Enreach or refrain from placing an order.

PLEASE READ THE FOLLOWING EULA TERMS AND CONDITIONS FOR SWYX SOFTWARE PRODUCTS CAREFULLY BEFORE ORDERING A SWYX SOFTWARE PRODUCT.

1. the subject matter of this EULA is (i) Swyx software products developed and maintained by Enreach or third party licensors and for which Enreach holds the rights of use and (ii) related online readings, help files and other documents (electronic and paper) explaining Swyx software products ("Documentation").

2. for clarification, Swyx software products do not include open source software shares. An overview of open source software shares can be found under "Enreach Open Source Software Declaration"(https://confloss.atlassian.net/wiki/spaces/OSS/overview). The respective open source software license conditions apply to these.

3. services and Leased Products include free of charge (1) software maintenance according to the Enreach Software Maintenance Agreement ("Swyx Innovation"/"SI") and (2) updates, upgrades, new releases, new features, functions or other improvements or changes ("Updates"), according to the "Swyx Update Plan" (SUP). For Licensed Products, Software Maintenance Services and Updates can be purchased separately by concluding a fee-based SI or SUP.

1. resellers, end customers and users acknowledge that the Swyx software products and the documentation are copyrighted works.

2. to the extent that it is not open source code, all intellectual property rights and other proprietary rights worldwide in the Swyx software products, including their software (source code and object code), and documentation, as well as their updates and derivative works, are the exclusive property of Enreach or Enreach's third party licensors.

3. if improvements to/new Swyx software product(s) or improvements to the documentation are made by Enreach and/or Enreach's third party licensors based on optimization requests or suggestions of the Reseller/end customer/user, all rights to the improvements/new Swyx software products shall remain exclusively with Enreach and/or the third party licensors.

1. unless otherwise agreed between you and Enreach, Enreach (via the Resellers) hereby grants to end customers and users the rights set out in Annex 1 with respect to the Swyx Software Products agreed in the "Main Agreement" (this is the agreement between the Reseller/Enreach and the end customer), whereby different rights apply depending on the selected subscription model: See Clause 1 of Annex 1 for Licensed Products; see Clause 2 of Annex 1 for Leased Products and see Clause 3 of Annex 1 for Services).

2 Enreach is entitled to revoke the rights to use Swyx Software Products for cause and to suspend or permanently block access to the Services or Leased Products if an End Customer or a User breaches these EULA Terms (including but not limited to the Usage Policy, the Confidentiality Policy, the Intellectual Property Policy or the Grant of Rights).

1. in order to use the Services and Leased Products, the End Customer requires the following for the User's end devices: (a) access to the Internet and (b) a current version of one of the following standard browsers (Google Chrome, Safari, Firefox, Edge).

2. further IT system requirements for Swyx software products can be found in the documentation.

3 For individual Swyx software products (Update OptionPack, SwyxServer, server-based products, desktop-based products) see also device and IT system restrictions in Annex 3.

1. the end customer and the users undertake to comply with the "Usage Guidelines" set out in Annex 2.

2. use of Third Party Licensor Software is subject to these EULA terms and conditions as well as any additional restrictions and conditions set out in the documentation of the Third Party Licensor Software, which end customers and users must also accept and comply with.

3. the reseller and end customer are solely responsible for the selection of Swyx software products and the intended results.

4. end customer and user use the Swyx software products at their own risk. To the extent permitted by law, End Customer and User are solely responsible for the consequences and any damages resulting from the use of the Swyx Software Products.

5. if the end customer or user interacts with independent websites not provided by Enreach as part of the Swyx software products, the end customer and user are solely responsible (including with regard to any damage caused and failures of Swyx software products).

6. end customer and user must keep the user access data provided to them secret.

7 Enreach has no control over the public Internet, the functionality or integrity of the IT environment used by End Customer and Users and/or the content of the telecommunications that take place via Leased Products/Services and therefore cannot be held liable for any damage caused thereby. In this respect, the end customer and user are solely responsible for damages (including with regard to damages caused and failures of Swyx software products).

1. applies to rented products:

It is not warranted or guaranteed that Rented Products will always be available, uninterrupted, timely and/or otherwise trouble-free.

2. applies to licensed products:

In the case of Licensed Products (online and offline), the availability of Rented Products after handover is the sole responsibility of the end customer (with the exception of warranty cases).

3. applies to services:

1. it is not warranted or guaranteed that services and the functions contained therein will always be offered in the combination selected by the end customer, will be uninterrupted, timely and/or otherwise usable without disruption.

2. for services, the agreed service level applies in accordance with the Enreach Service Level Agreement.

3. end customer and user are obliged to notify Enreach immediately and as precisely as possible of functional failures, technical and other "impairments" of services via e-mail with confirmation of receipt. If no notification is made, Enreach cannot rectify the impairment and is not responsible for delays in rectification; delays do not count as loss of availability under the Service Level Agreement.

Unless otherwise agreed between Enreach and the End Customer, the following shall apply:

1. in the case of Rented Products and Licensed Products, content entered, stored and processed by the End Customer and its Users (including but not limited to data, numbers, topics, contacts, names, materials, information) ("End Customer Content") shall be stored at/by the End Customer. The end customer and user are solely responsible for data backup and data loss.

2. for services, end customer content is stored by Enreach for a maximum of 7 days. Upon request, a copy of the currently stored End Customer Content will be sent to the Customer.

1. the Enreach Privacy Policy can be found at https://www.enreach,de/datenschutz.html.

2 Enreach is entitled to fulfill its contractual obligations within the scope of the Services and Leased Products:

1. to reproduce personal data transmitted, stored and processed by the End Customer and Users (pursuant to Art. 6 para. 1 lit c GDPR) and other content (including but not limited to data, numbers, topics, contacts, names, materials, information, hereinafter "Services/Leased Product Content") for data backup on backup servers (incl. cloud). Enreach is also entitled, but not obliged, to store personal data and Services/Leased Product Content in a backup system or separate backup data center.

2. to reproduce personal data and services/rented product content itself or through sub-processors throughout Europe free of charge and to make changes to their structure and data format.

3. to collect and use technical information about browsers, devices and associated software, hardware and peripherals through which the end customer and user use the Leased Products or Services.

4. to contact end customers and users by e-mail or otherwise for information about their rented products/services and their updates as well as alternative products/services. The parties agree that this information does not constitute advertising within the meaning of data protection law and that its transmission does not constitute unreasonable harassment within the meaning of Section 7 (1) and (2) (3) UWG.

3. insofar as Enreach is a processor within the meaning of the GDPR, the End Customer undertakes to conclude a data processing agreement ("DPA" pursuant to Art 28 (3) GDPR ) with Enreach as the controller within the meaning of Art 28 GDPR before using the Rented Products or Services.

4. end customer and user acknowledge and agree that Enreach and resellers, in order to fulfill their obligations under these EULA conditions, may commission other service providers (sub-processors) with the processing of personal data of users in accordance with the order processing contracts concluded for this purpose in accordance with Art. 28 GDPR.

1. "Confidential Information" means all information not disclosed to the public by or on behalf of Enreach relating to Enreach products (including but not limited to Swyx software products and their source code and object code), business affairs, operations, budgets, personnel, end customers, suppliers, new developments, technologies, technical data, drawings, user manuals, promotional literature, processes, procedures, techniques, methods, strategies and policies, including without limitation business methods, marketing methods and pricing policies, technologies, technical data, drawings, user manuals, promotional literature, processes, procedures, techniques, methods, strategies and policies, including without limitation business methods, marketing methods and pricing policies, regardless of how they are communicated or presented and whether or not they are marked "confidential".

2. reseller, end customer and user shall use their best efforts to maintain and protect the confidentiality of the Confidential Information at all times, both during the term of this EULA and for a period of at least three (3) years after termination of this EULA, provided, however, that any object code you receive and related source code shall be kept confidential in perpetuity. You may not disclose, disseminate or otherwise publish or transfer any Confidential Information to any person, firm, corporation or other third party without Enreach's prior written consent. You may only use Confidential Information in connection with the activities permitted under this EULA. You shall promptly notify Enreach in writing upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of these confidentiality terms and shall cooperate with Enreach in any reasonable manner to regain possession of the Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose Confidential Information, you will, prior to such disclosure, (i) promptly notify Enreach to give Enreach an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Enreach to protect Enreach from such disclosure and/or obtain a protective order limiting the scope of such disclosure and/or use of the Confidential Information. If such protection is not obtained, you may disclose the Confidential Information only to the extent necessary to comply with applicable law.

The following applies to services and rented products:

1. Upon expiry of the main contract, this EULA and thus the service usage right/rental usage right (as defined in Annex 1) also ends automatically. This EULA cannot be terminated before the main contract expires.
2. Upon termination of this EULA, the End Customer and User must cease using the Services and Leased Products.
3. With regard to Leased Products, the End Customer and the User must also agree on termination of this EULA:

1. completely uninstall/delete the Leased Products at the end customer's premises. Destroy any data carriers received and backup copies made or return them to Enreach on request;

2. if applicable, End Customer and User must uninstall/delete mobile applications of the Leased Products from all devices within End Customer's sphere of influence and destroy all copies thereof immediately;

3. completely destroy electronic and paper copies of the documentation or return them to Enreach upon request;

4. provide written confirmation of the complete destruction and return of Rented Products at Enreach's request.

The following applies to licensed products:

1. The EULA conditions apply for as long as the customer or one of its users uses the Licensed Product.
2. An extraordinary right of termination exists in accordance with the relevant statutory provisions for good cause, including, but not limited to, in the event of a material change to these EULA terms and conditions to your detriment in accordance with Section 12.2).
3. Sections 2 (Intellectual Property), 3 (Granting of Rights), 9 (Confidentiality Obligation) shall survive the expiration or termination of this EULA.

1. if a Swyx software product version designated as "test version" or "beta version" is made available to the end customer (usually free of charge), the end customer undertakes to use these versions, to closely monitor the operation of these Swyx software products, to inform Enreach immediately of any problems and not to pass on any information about functions or defects of this Swyx software product version to third parties without the written consent of Enreach.

2. test/beta versions shall terminate at the earliest of (i) termination by Enreach, (ii) discontinuation of the test/beta version by Enreach or (iii) the first general release of a commercial version of the Swyx Software Product.

3. after termination, the return obligations and post-contractual obligations under clause 10. 1.3. apply mutatis mutandis.

1. access to Swyx software products and underlying technologies are restricted to countries and persons against which no embargo or other trade restrictions exist according to national, UN, EU or other mandatory applicable regulations.

2 Enreach may amend or update these EULA Terms for Services and Leased Products from time to time. Enreach will notify its contractual partners (the resellers or end customers) of material changes and update the "Last Modified Date" at the top of the EULA Terms. Please check the EULA terms and conditions regularly on the Enreach website. In the event of a material change to the EULA terms to your detriment, you have an extraordinary right of termination. By continuing to use the Services/Leased Products, you agree to the amended EULA terms. If you do not agree to the amended EULA terms, you must cease using the Services/Rented Products and terminate them in due time.

3. all or part of Enreach's rights and obligations under this EULA may be transferred to affiliates or to third parties in connection with a merger, acquisition, reorganization or sale of assets, by operation of law or otherwise; and Enreach may transfer Personal Data and Services/Leased Product Content to the new rights holders.

4. with the exception of Licensed Products, End Customers and Users may not assign or otherwise transfer this EULA or any rights or obligations contained herein to any Affiliate or third party.

5. if individual provisions of these EULA terms and conditions are invalid, this shall not affect the validity of the remaining provisions. In the event of an invalid provision, Enreach and the End Customer shall agree on a valid provision that comes closest to the intended legal and economic purpose of the invalid provision to be replaced, to the extent permitted by law. If this is not possible, the statutory provision shall apply to the invalid provision.

6 All amendments to this EULA and ancillary agreements must be made in writing. This also applies to the waiver of this written form clause itself.

7. it is agreed between the parties that the "General Terms and Conditions" of the Enreach contractual partner (the reseller/end customer) do not apply to Swyx software products.

8. this EULA is subject to the law of the Federal Republic of Germany to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods and the provisions of German private international law.

9. the sole place of jurisdiction for all disputes arising from and claims asserted in connection with this EULA is Dortmund. This shall apply subject to any exclusive statutory place of jurisdiction.

10. to report an infringement and request Enreach to remove hosted infringing content (such as a user's profile picture, profile name or status message), users should either contact the end customer or contact Enreach directly (using the contact details provided on www.enreach.com) and send a message to the potential infringer before reporting an infringement. In this way, the problem may be resolved without involving Enreach or the end customer.

11. if you have any questions about this EULA, you can find the contact information on the Enreach website(www.enreach.com).

12. in the event of discrepancies between the English version of this EULA and the German version of this EULA, the German version shall prevail. In the event of ambiguities in the German EULA, the English version may be used for interpretation.

The following annexes are part of this EULA:

Annex 1: Supplementary rules according to reference model

Annex 2: Usage guideline

Annex 3: Device and IT system restrictions

Granting of rights

1. Enreach grants the End Customer the right to download a copy of the (online or offline) Licensed Product (in object code), in unmodified form, to a server rented by the End Customer and to use it in accordance with the usage guidelines in Annex 2 and the other provisions of this EULA ("License Usage Right").
2. The license usage right is a limited, revocable, non-exclusive, non-sublicensable and non-transferable right (including to affiliated companies, customers of the end customer, employees other than registered users) for the term of the main contract.
3. The end customer may use the Licensed Product on any hardware available to him, but must delete it from the hardware previously used if a user changes hardware.
4. The end customer is entitled to a right of reproduction insofar as the reproduction is necessary for the use or safeguarding of the Licensed Product. The end customer must record the whereabouts of the copies and reproduce alphanumeric identifiers, trademarks and copyright notices unchanged.
5. After downloading a copy of the Licensed Product, updates are not covered by the license usage right. If the end customer wishes to receive an update, he must purchase this as part of a new Licensed Product or by means of a different purchase model.
6. The end customer is entitled to transfer its rights to use the Licensed Product, including the documentation, to third parties, provided that the purchaser agrees to the continued validity of these EULA terms and conditions. When transferring, the end customer must hand over to the purchaser all copies of the program, including any existing backup copies, or destroy the retained copies.
7. The end customer only receives the right to download and use the Licensed Products once the purchase price has been paid in full.

Only for the offline license purchase applies additionally:

1. After the installation of the Offline Licensed Products, the End Customer, unless otherwise agreed between Enreach and Enreach's contractual partner (the Reseller/the End Customer), initially has a license usage right for a period of thirty (30) days after the installation by entering a provided "Temporary License Key". Within this period, the End Customer registers the Licensed Product with Enreach free of charge and receives a new regular license key that refers to the End Customer's installation key ("Permanent License Key"), thereby converting the temporary right of use into a regular license right of use, unless the Licensed Product is an "evaluation" or "demo" version.
2. In the event of subsequent changes to the originally selected hardware configuration/installation of updates, it may be necessary for technical reasons that the end customer requires a new permanent license key to maintain the license usage right ("replacement license key"). In this case, Enreach will provide a corresponding replacement license key free of charge upon request. The End Customer warrants that it will no longer use the license key originally supplied and will not pass the license key on to third parties.

Granting of rights

1. The End Customer shall have the right to download a copy of the Leased Product (in object code), in unmodified form, which is current at the time of conclusion of the Main Agreement, to a server rented by the End Customer and to use it in accordance with the usage guidelines in Annex 2 and the other provisions of this EULA ("Leased Right of Use").
2. The rental right of use is a limited, revocable, non-exclusive, non-sublicensable and non-transferable right (including to affiliated companies, customers of the end customer, employees other than registered users) for the term of this EULA.
3. The end customer may use the Leased Product on any hardware available to him, but must delete the Leased Product from the previously used hardware if a user changes hardware.
4. The end customer shall be entitled to a right of reproduction insofar as the respective reproduction is necessary for the use and protection of the leased product. The end customer must record the whereabouts of the copies and reproduce alphanumeric identifiers, trademarks and copyright notices unchanged.
5. The end customer is not entitled to sell, rent or otherwise transfer the right of use to third parties (including affiliated companies). The Leased Products are intended exclusively for use by you (your company and your users).
6. Updates to Leased Products are covered by the right of use free of charge during the term of the main contract. The latest release version of the Leased Products shall be made available to the end customer for download.

1. granting of rights

(1) Enreach grants the End Customer and the Users a limited, revocable, non-exclusive, non-sublicensable and non-transferable (including to the End Customer's End Customers, employees other than Registered Users or affiliates) right to use the Services ("Service Usage Right") for the term of the Main Agreement.

2. updates to services are covered by the service usage right free of charge for the term of the main contract. The current scope of the services shall be made available to the end customer.

3. the services are made available to the end customer in the current release version together with the required computing power and the required cloud storage and data processing space via a certified data center in Europe.

4. migration is not owed by Enreach. The end customer and the users upload and download data on their own responsibility.

5. the end customer is not entitled to sell, lease or otherwise transfer the right to use the services to third parties (including affiliated companies).

2. supplementary conditions

Certain Services may be subject to additional terms and conditions which will be notified to you in connection with the relevant Services. These Supplemental Terms are in addition to these EULA Terms and are considered part of these EULA Terms for the purposes of the relevant Services. In the event of any conflict between such additional terms and this EULA, the additional terms shall prevail.

3. registration

1. in order to use most parts of the Services, you must register and maintain an active user account. For certain Services, we may send you an invitation to register your account. We reserve the right to refuse the creation of a new account for any reason.

2. you are required to provide Enreach with complete, accurate and up-to-date information about yourself. You are responsible for providing accurate account details and keeping this information up to date.

3. end customers and users agree to keep the user name and password confidential at all times and not to allow third parties (including non-employees of the end customer who are not registered as users) to use their account. End users are responsible for all user activity that occurs on their account, including all activity by authorized or unauthorized users. Users shall immediately change their password and inform Enreach (via the contact details provided on www.enreach.com) or the End Customer if they know or suspect that another person/machine knows their password.

THIS ACCEPTABLE USE POLICY MUST BE ADHERED TO BY ALL END USERS AS WELL AS ALL USERS. THIS USE POLICY CONTAINS USE PROVISIONS FOR ALL SWYX SOFTWARE PRODUCTS in all on-premises and off-premises variants ("Swyx Software Product(s)"), such as off-premises rental as SaaS service (currently SwyxON, hereinafter "Services"), on-premises rental (currently Swyx Flex and SwyxWare Compact for Datacenter SDC, hereinafter "Rented Product(s)"), online license purchase (currently Swyx Purchase) and offline license purchase via license letter (hereinafter also "Licensed Product(s)"), as well as successor products, irrespective of their product name.

TO MAINTAIN THE TECHNICAL INTEGRITY OF SWYX SOFTWARE PRODUCTS AND ENREACH IT SYSTEMS AND IN THE INTEREST OF LEGALLY COMPLIANT USE, RESELLERS, END CUSTOMERS AND USERS MUST COMPLY WITH THIS USE POLICY. NOTICE:

- To the extent that Enreach's contractual partners are end customers, they are hereby directly obliged (i) to comply with the Acceptable Use Policy and (ii) to oblige their users to comply with this Acceptable Use Policy;

- To the extent that Enreach's contractual partners are resellers, they are hereby directly obliged to impose on their contractual partners (the end customers) the obligation (i) to comply with this Acceptable Use Policy and (ii) to oblige their users to comply with this Acceptable Use Policy.

A BREACH BY AN END CUSTOMER OR A USER OF ANY OF THE FOLLOWING TERMS OF USE ENTITLES ENREACH TO WITHDRAW THE END CUSTOMER'S AND THE USER'S RIGHTS OF USE AND TO PERMANENTLY BLOCK ACCESS TO SWYX SOFTWARE PRODUCTS.

1. definitions

(1) "End Customer Content" means personal data and other content (including but not limited to data, numbers, topics, contacts, names, materials, information) transmitted, stored and processed by the End Customer and its users in the context of the Swyx Software Products.

2. to the extent that defined terms used herein are not defined in this Annex 2, the definitions contained in the main body of the EULA shall apply.

2. general rules of use

1. end customers and users may not use Swyx software products in a way that is illegal, fraudulent or harmful or in connection with such activity. For example, you may not

1. upload or otherwise make available information/files about Swyx software products in a way that infringes intellectual property rights (in particular copyrights, trademark rights, patent rights, design rights), trade secrets, rights to privacy/personal protection or other protected rights;

2. download files/data that have been deposited by another user, provided that the person downloading the files/data knows/should know that the files/data may not be lawfully reproduced, displayed, performed and/or distributed in this way;

3. remove or alter indications of industrial property rights or serial numbers and other features serving to identify a Swyx software product. The removal of other copy protection or other protection mechanisms is also not permitted;

4. use a false identity for the purpose of misleading third parties or for other acts of abuse;

5. use end customer content with inadmissible depictions of violence;

6. use end customer content that is harmful to minors if minors have access to the end customer content.

7. incite the commission of a criminal offense, give instructions for the commission of a criminal offense or promote criminal activities;

8. violate legal provisions on racial hatred or religious discrimination; in particular, end customer content may not promote violence against others, threaten or harass them, especially on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religion, age, disability or serious illness (cf. inter alia §130 StGB);

2. end customers and users are not authorized to modify, decompile, disassemble (or attempt to discover the source code of the Swyx software products), decrypt, extract or in any other way alter Swyx software products (including their object code and source code) or parts thereof, create derivative works from them, create improvements from them, derive innovations from them, reverse engineer them or in any other way attempt to gain access to them for themselves or third parties (e.g. source code, processes, data sets or databases, development tools, servers, hosting sites, etc.).e.g. source code, processes, data records or databases, development tools, servers, hosting websites, etc.).

3. change configurations of Swyx software products fixed by Enreach.

3. supplementary rules of use for services and rented products

1. rented products and services may only be used by the respective user with his/her access data.

2. end customers and users may not use the Services and Leased Products in such a way that damage, impairment of availability/accessibility or impairment of the integrity of the Services or a Leased Product is (or may be) caused.

3. the End Customer and User shall not block, disable or otherwise interfere with any advertisements, banner windows and links to other websites that are an integral part of the Leased Products or Services.

4. IT system security

The end customer and user are prohibited from doing so,

1. damage, disable, overload, impair or compromise Enreach IT systems (including any electronic data processing systems) or their security or interfere with other users.

2. violate the integrity of Enreach IT systems (including by unlawfully collecting or decrypting information or data or using applications or technologies that may have a negative impact on Enreach IT systems).

3. breach/endanger the security of the Enreach computer network or decrypt passwords or security encryption keys.

4. to send mailing lists, autoresponders or unsolicited commercial mails in the Swyx Software Products if these could interfere with the proper functioning of the Services or Enreach's IT systems (including by placing an unreasonable load on Enreach's infrastructure), even if the sending does not violate any laws.

5. no unlawful marketing and spam

1. end customers and users may not use Swyx software products for unlawful marketing communications and unsolicited commercial communications.

2. end customers and users may not use Swyx software products to promote or operate chain letters, Ponzi schemes, pyramid schemes, matrix programs, "get rich quick" schemes or similar letters, schemes or programs.

6. no data mining

1. end customers and users may not carry out systematic or automated data scraping, data mining, data extraction or data harvesting or other systematic or automated data collection activities by means of or in connection with Swyx software products.

2. end customers and users agree not to "crawl", "scrape" or "spin" (using manual or automated means) any pages, end customer content or other data.

7. hyperlinks

You may not link to any material/websites/app content via the Swyx Software Products that, if made available via the Swyx Software Products, would violate the terms of this Acceptable Use Policy.

8. no malicious software

Customer Content shall not contain or consist of viruses, worms, spyware, adware or other harmful or malicious software, programs, applications or technologies, and end customers and users shall not promote or distribute them through the Swyx Software Products.

The device and IT system requirements and IT system restrictions handed out/provided for download with the leased product/services shall apply.

Below you will find some specific device and IT system restrictions regarding updates of OptionPack, SwyxServer, server and desktop based products.

1. updates to OptionPack

1. for updates of "OptionPacks" licenses (on-premises product) it is required that the number of OptionPack end users equals or exceeds the number of associated SwyxServer end users to achieve the intended functionality.

2. if you decide not to install updates, you may not be able to continue using the Rented Products or Services.

2. "SwyxServer"

1. you can only install and use "SwyxServer on one computer system at a time.

2. when using virtualization software, only a single instance of "SwyxServer may be installed and operated on a physical server system

3. the following exceptions apply:

1. Swyx DataCenter (in some markets referred to as "SDC") based Leased Products may be installed and used in multiple instances on multiple devices of the end customer.

2. if the end customer has also purchased the "SwyxStandby" option, he is authorized to install "SwyxServer" on an additional server system which serves as a standby system for maintenance work or hardware failures of SwyxServer.

3. server-based products

Unless expressly stated otherwise, server-based products may be installed and used on several separate end customer server systems and in several instances.

4. desktop-based products

Unless expressly stated otherwise, desktop-based products may be installed and used on multiple devices of the end customer.