This License explains the permitted uses for Software supplied by G2K Group GmbH (Company) to the customer.

1.0 GENERAL
The License also explains the warranty and indemnity protections that the customer receives from Global ID (Company) and the Customer’s obligations of confidentiality and copyright restrictions.

2.0 SCOPE OF LICENCE
Subject to the terms and conditions hereof and for the duration of this agreement the Customer shall have a perpetual, non-transferable, non- exclusive, limited license to use the Software on the Designated Equipment for the Purpose from the date of receipt of the Software. No license is granted for use of the Software other than on the Designated Equipment except as expressly provided in these Conditions. No license, right or interest in any logo, trademark, trade name or service mark of the Company is granted under these Conditions. A sub-licensing of the Software by the Customer to a third party is only permissible with the Company’s prior written permission.

3.0 LICENCE RIGHTS AND RESTRICTIONS
3.0 Under the license granted in Clause 2 hereof the Customer shall be entitled to copy the delivered
Software for the purposes of backup and archival purposes and/or transmitting all or any portion of the Delivered Software from storage media to the Designated Equipment or utilizing the Delivered Software in the course of operating the Designated Equipment.
3.1 Neither the Software and Derivatives (new or modified Software permitted by the Company to be created under these conditions) nor any information provided by the Company to the Customer nor any license and rights granted hereunder, may be sold, leased, assigned, sublicensed, or otherwise transferred, in whole or in partby the Customer.
3.2 Customer undertakes to use the Software and Derivatives only on the Designated Equipment and undertakes not to remove, add to, change or otherwise tamper with any copyright notice, legend or logo appearing or on the software or the medium on which it resides.
3.3 Use by the Customer’s Sub-contractors The Customer is permitted to allow the Software to be used by sub- contractor(s) that the Customer requires to engage in order to assist the Customer’s authorized use of the Software under these Conditions. Such use of the Software by the Customer’s subcontractor(s) shall be solely for the purpose of the sub-contractor(s) assisting the Customer’s own use of the Software as authorized under these Conditions and is conditional upon the Customer placing obligations and restrictions on the sub- contractor(s) that are commensurate with the obligations and restrictions contained in these Conditions.
The permission granted under this Clause
3.5 is on the strict understanding that the Customer shall prohibit such sub- contractor(s) from using the Software in any other way than as permitted under this Clause 3.5. Save as allowed in this Clause 3.5 no license is granted to or shall be deemed to have arisen or be granted in favor of the sub-contractor in respect to any or all of the Software or to any or all of the underlying intellectual property rights comprised therein.
4.0 RETENTION OF TITLE
The Company shall at all times retain the intellectual property rights to all software delivered to and licensed under this contract, irrespective of whether such rights have been registered in the Company’s name or not. In case the Company and the Customer have agreed on a licensing fee to be effected as a one time payment, the
 
   
license granted in Clause 2 shall not be effective until complete payment of that fee. In case the Company and the Customer have agreed on a licensing fee to be effected in periodic payments, the license granted in Clause 2 shall lapse and the Company shall be entitled to withdraw from the contract if the Customer is in arrears with the agreed fees.
5.0 SOFTWARE OWNERSHIP
5.1 Save where notified by the Company the Software and all parts thereof and the copyright and all other intellectual property rights of whatever nature in the Software and any copies thereof are and shall remain the property of the Company and are designated as confidential. Save as expressly granted hereby no rights in or arising under the Software are granted to the Customer.
5.2 The Customer shall notify and inform its employees having access to the Software of the limitations, duties and obligations imposed on the Customer by these Conditions regarding non-disclosure and copying of the Software and obtain from them suitable compliance undertakings.
5.3 The Customer shall only use the Software for the Purpose and in particular shall not without the prior consent of the Company allow the Software to be used on more than one system or used by any other person, not being an employee of either the Customer or the Company in the normal course of his duties except as permitted under Clause 3.5.
5.4 The license shall not be deemed to extend to any programs or materials of the Company other than the Software unless specifically agreed to in writing by the Company.
5.5 Ownership of Derivatives
The copyright and other intellectualproperty rights of whatever nature in the Software contained in any Derivative created or arising pursuant to the permitted use under Clause 3.0 are and shall remain the property of the Company and the Company reserves the right to grant licenses to use the software to any other party or parties.
6.0 WARRANTY, LIABILITY AND INDEMNIFICATION
Warranty
6.1 Delivered Software
Unless otherwise provided for specific products as set out in the Company’s product specification or a contract between the Company and the Customer the Company warrants that the Software will substantially conform to the Company's technical specification for the software for a period of one year from the date of delivery of the Designated Equipment (un the frame of below sec. xx). The Company warrants that the Software during the term of the contract meets the specifications agreed in the documentation and does not infringe any rights of third parties when used by the Customer in accordance with the contract.
The Company provides no guarantee that the Software is suitable for the business processes of the Customer. The Customer is responsible for satisfying himself of the suitability of the ordered service for his application purposes. Warranty shall be governed by the statutory provisions, unless otherwise agreed below.
6.2. The Customer is obliged to report any defect to the Company immediately in writing with a detailed description of the defect.
6.3. Precondition for warranty claims is that the suitability of the Software for contractual use is more than just insignificantly reduced. The Company shall remedy a defect within a reasonable period of time. The Company is entitled to circumvent the defect by a workaround solution if the cause of the defect itself can only be eliminated with disproportionate effort, the usability of the service is given and the solution is reasonable for the Customer.
6.4. Claims for defects are excluded if they are resulting from use under non-agreed conditions of use or a non-agreed system environment. Defects that have been caused by (i) improper or contractually or illegally illegal use or modification of the software and cloud services; (ii) failure to install updates; (iii) Customer-side malicious software or viruses; (iv) software or hardware of third parties or non-maintenance of the same in the responsibility of the Customer; or (v) through add-ons, do not constitute a defect. They can be removed by the Company on request of the Customer according to the current price list, provided that this is technically possible for the Customer.
6.5. The limitation period for warranty claims is one year and begins with the delivery of the software, unless the Customer is liable without limitation according to an additionally concluded agreement, in which case the statutory provisions apply.
6.6. The Company is not responsible for delay or non-fulfillment of an obligation under this agreement due to unforeseeable events that occur after the date of entry into force of this agreement and which are beyond its reasonable control, such as strikes, blockades, war, terrorism, riots, natural disasters and epidemics ("force majeure"), if the Company is not able to prevent or eliminate the force majeure at reasonable cost. In this case, the parties are released from their mutual performance obligations with regard to the affected part of the service for the duration of the force majeure including an appropriate start-up phase. Binding deadlines are postponed accordingly.
Liability
6.7 The Company is liable for claims for damages due to injury to life, body or health, which are attributable to the Company, its legal representatives or vicarious agents, without limitation. The same applies to tangible damage and financial losses, which can be attributed to gross negligence or intent attributable to the Company, its legal representatives or vicarious agents, as well as in the case of fraudulent intent and non-compliance with an assumed guarantee and in the case of legally binding liability, in particular according to the Product Liability Act.
6.8 In all other cases the Company is liable as follows:
a) In the case of a slightly negligent breach of duty, the Company is only liable in the event of a breach of fundamental contractual obligations and only insofar as the damage was foreseeable and damage of the type typically expected. Essential are such contractual obligations, the observance of which is a necessary precondition for the execution of the contract, or the violation of which endangers the achieving of the purpose of the contract and the contractual partner was allowed to trust in the fulfilment of the relevant contractual obligation.
b) The parties agree that the foreseeable damage typical for the contract corresponds to half of the remuneration for the License. Liability for other indirect or consequential damages and loss of profit is hereby excluded. Any contributory negligence on the part of the Customer shall be set off against the amount of any claim for damages.
c) For negligently caused data losses the Company is only liable for the usual reconstruction effort, which would have been necessary for the reconstruction in case of regular and risk-appropriate data backup by the customer.
Indemnity
6.9 The Company shall indemnify the Customer against any claim that the normal use or possession of the Software according to the terms of this agreement infringes the intellectual property rights of any third party provided that the Company is given immediate and complete control of such claim, that the Customer does not prejudice the Company’s defense of such claim, that the Customer gives the Company all reasonable assistance with such claim and that the claim does not arise as a result of the use of the Delivered Software in combination with any equipment (other than the Designated Equipment) or programs not supplied or approved by the Company. The Company shall have the right to replace or change all or any part of the Delivered Software in order to avoid any infringement. The foregoing states the entire liability of the Company to the Customer in respect of the infringement of the intellectual property rights of any third party.
7.0 CONFIDENTIALITY OF SOFTWARE MATERIALS
7.1 The Customer undertakes to treat as confidential and keep secret all information contained or embodied in the Software and all information conveyed to the Customer by the Company (hereinafter collectively referred to as "the Information") provided that this shall not apply to any Information which is or comes into the public domain, other than as a result of the Customer’s breach.
7.2 The Customer shall not without the prior written consent of the Company divulge any part of the Information to any person except the Customer’s own employees and sub- contractors who need to know the same and the

Customer’s auditors, tax inspectors, customs and excise officials and any other persons or bodies having a legal or statutory right, duty or obligation to know the business of the Customer and then only in pursuance of such right, duty or obligation.
7.3 The Customer shall promptly notify the Company if it becomes aware of any breach of confidence by any person to whom the Customer divulges all or any part of the Information and shall give the Company all reasonable assistance in connection with any proceedings which the Company may institute against such person for breach of confidence. Notwithstanding the generality of the foregoing the Customer shall notify the Company immediately if the Customer becomes aware of any unauthorized use of the whole or any part of the Software or any Derivatives by any person.
7.4 The foregoing obligations as to confidentiality shall remain in full force and effect notwithstanding any termination of this License or part thereof.
8.0 GENERAL LICENCE PROVISIONS
8.1 TERMINA TION
The license pursuant to clause 2 is granted for an indefinite period of time. The Company has the right to terminate the license if (i) the Customer is in breach of the obligations under this agreement (including, but not limited to the default with payment of any licensing fees or (ii) is insolvent or unable to meet its debts. Upon termination all rights granted by these Conditions shall immediately cease. Upon termination, the Customer’s right to use the Software ceases and the Customer shall forthwith return to the Company the Software including all copies and derivative versions thereof.
8.2 AMENDMENT
These Conditions may not be and shall not be deemed or construed to have been modified, amended, rescinded, cancelled or waived, in whole or in part, except by written instruments signed by the Parties.
8.3 GOVERNING LAW
These Conditions shall be governed, construed and shall take effect in accordance with the Laws of Germany and shall be subject to the exclusive jurisdiction of the Munich Courts.
8.4 HEADINGS
The headings in these Conditions shall not be deemed to be part hereof or be taken into consideration in the interpretation of construction hereof.
8.5 ENTIRE AGREEMENT
The legal invalidity of one or more provisions in no way affects the validity of the remaining provisions. These Conditions, together with the order and acceptance supersede all previous conditions, understandings, commitments, agreements or representations whatsoever, whether oral, by conduct or written, relating to the subject matter hereof.