1 LICENSE TERMS

These license terms apply to the Software named above (hereinafter referred to as the "Software". The terms also apply to any LICENSOR related to this Software and delivered to the LICENSEE, unless other terms accompany those items. If so, those terms apply. By confirming this Agreement, cf. Section 15.5,or by installing, having installed, or using the Software, LICENSEE accept these terms. If LICENSEE does not accept these license terms, LICENSEE shall not install, have installed or use the Software. If LICENSEE comply with these license terms, LICENSEE have the rights stipulated below.

1.1 OVERVIEW

a. Software. The Software may include b. License Model. The Software is limited to be installed and used in connection with only one specific Microsoft Dynamics AX license. The license for the Software is calculated as described in appendix 1. If at any time the required client software licenses or user licenses is in deficit, LICENSOR is entitled to invoice LICENSEE for the licenses in deficit from the first occurrence of the deficit.
For software with user-licenses, LICENSEE must submit information on the number of functional-users and enterprise-users for LICENSEE’s specified Microsoft Dynamics AX installation to LICENSOR in January every year.LICENSEE hereby accept that LICENSOR requests such information from LICENSEE and from Microsoft.

1.2 INSTALLATION AND USER RIGHTS

a. Client and server software. LICENSEE may install an unlimited number of copies of the Software within the IT landscape directly owned by LICENSEE. However, LICENSEE may only use the number of copies that LICENSEE’s license key permits. LICENSEE may not duplicate license keys without LICENSOR’s prior written consent.
b. Additional components. LICENSEE may install an unlimited number of copies of the additional components LICENSEE have licensed within the IT landscape directly owned by LICENSEE. LICENSEE must obtain a separate license for each Microsoft Dynamics AX installation, if LICENSEE wish to install an additional component for multiple installations. LICENSEE may not duplicate license keys without LICENSOR’s express written consent.

1.3 ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS

a. Client licenses. LICENSEE must acquire client license for the total number of clients that will run the Software. The number of clients running the Software refers to the maximum number of client-software instances, bound to a named physical or virtual device, that at any time will be running simultaneously. Client licenses are specific to a Microsoft Dynamics AX installation and may not be used with or shared among different Microsoft Dynamics AX installations.
b. Modification disclaimer. LICENSEE may modify the Software only as necessary to use it for LICENSEE’s internal business purposes if LICENSEE received it in source code form or LICENSEE or any third party acting on LICENSEE’s behalf have licensed tools from LICENSOR that allow LICENSEE or that third party acting on LICENSEE’s behalf to modify the object code form. LICENSEE agree that LICENSOR is not responsible for any problems that result from modifications made by LICENSEE, a partner, or any other third party acting on LICENSEE’s behalf, or any problems that are caused by third party hardware or software. LICENSOR does not, and will not have any obligation to, provide technical or other support for any modifications made by LICENSEE, a partner or any other third party. LICENSOR does not make any representation, endorsement, guaranty or assurance of the suitability of the Software for LICENSEE’s business, the suitability of the partner or any other third party to create modifications or to implement the modifications or the Software, or that any modification created, implemented, supported and/or serviced by, for or on behalf of LICENSEE or any third party will meet LICENSEE’s business needs or operate successfully with the Software. LICENSOR and its partners are independent entities and LICENSOR is not liable for nor bound by any acts of such business partners.
c. Additional functionality. LICENSOR may provide additional functionality for the Software. Other license terms and fees may apply.
d. Complex software. The Software is complex computer software. Its performance will vary depending on LICENSEE’s hardware platform, software interactions, the configuration of the Software and other factors. The Software is neither fault tolerant nor free from errors, conflicts or interruptions and is delivered "as is".

2 SCOPE OF LICENSE

The Software is licensed, not sold. This Agreement only grants LICENSEE a non-exclusive and non-transferable right to use the Software for internal purposes. LICENSOR reserves all other rights. Unless applicable law or a separate written contract with LICENSOR grants LICENSEE more rights despite this limitation, LICENSEE may use the Software only as expressly permitted in this Agreement. In doing so, LICENSEE must comply with any technical limitations in the Software that only allow LICENSEE to use it in certain ways.
LICENSEE may not: LICENSEE’s rights to use the Software are perpetual but may be revoked if LICENSEE does not comply with the terms of this Agreement. Rights to access the Software do not give LICENSEE any right to implement LICENSOR patents or other LICENSOR intellectual property in software or devices that access the Software.