1 Introduction 1.1 This End User License Agreement (hereinafter referred to as "EULA") is entered into as of the time and date of acceptance as mandatory part of the installment("Effective Date") between the Rohde & Schwarz Cybersecurity GmbH, Mühldorfstraße 15 in 81671 München, Deutschland as licensor (hereinafter referred to as "RSCS") and the customer as licensee (hereinafter referred to as "Customer"). 1.2 This EULA is an integral part of the software purchase or lease agreement and is inseparable from the respective purchase or lease agreement. The customer agrees to this EULA at the latest by installing, copying or by using the purchased software (hereinafter "Software"). If the customer does not agree to the terms of this EULA, the installation, copying and other use of the Software is prohibited. This EULA regulates the granting of rights of use of the Software sold or rented by RSCS and any accompanying documentation by RSCS to the Customer. The provisions of this EULA shall also apply to updates or other additional components that RSCS provides to Customer after the Software is installed. 2 Software 2.1 RSCS grants the Customer the non-exclusive right to use the contractual computer programs and the related documentation (computer programs and related documentation are collectively referred to as the “Software”) exclusively for the operation of the hardware intended or supplied therefore. The right of use is limited to the agreed period of time; in the absence of such an agreement, the right of use shall be unlimited in time. In particular, the right to use the Software shall not include the right to translate, lease, lend, sublicense, distribute or publicly reproduce the Software or make it available online to third parties outside the Customer’s company. Furthermore, the right to use the Software shall not include the right to reproduce the Software unless such reproduction is necessary for the operation of the hardware intended or supplied therefore or to produce a backup copy. Unless provided otherwise by mandatory law or written contractual regulations, the Customer shall not be authorised to modify, decompile, disassemble or otherwise reverse-engineer the Software, whether in whole or in part, in order to acquire the source code. 2.2 RSCS grants the Customer the right, which may be revoked in case of good cause, to transfer to third parties the right to use the Software granted to the Customer. The Customer may transfer the right to use the Software to third parties only together with the hardware which the Customer acquired together with the Software from RSCS or for which the Software of RSCS is intended. In that case, the Customer will impose the above obligations and restrictions on the third party. 2.3 The Software will be provided solely in machine-readable form (object code) and without source code or source code documentation. 2.4 All other rights to the Software shall remain with RSCS. 2.5 Insofar as Software is provided to the Customer for which RSCS owns only a derived utilisation right and which is not open source software (third-party software), the terms of use agreed between RSCS and its licensor shall – also with regard to the relationship between RSCS and the Customer – apply additionally and prior-ranking to the provisions of this Section 1. If and to the extent that open source software is provided to the Customer, the terms of use governing such open source software shall apply prior-ranking to the provisions of this Section 1. RSCS will provide the source code to the Customer at least upon request if such terms of use for the open source software require disclosure of the source code. RSCS will make reference at a suitable place to the existence and the terms of use of third-party software so provided, including open source software, and will make the terms of use available. 2.6 For Software for which updates are made available by RSCS, the license shall include the right to receive and use updates during the license period. For Software for which updates are not provided by RSCS, the Customer shall only use the version of the Software that the customer has paid. 3 Customer's Rights and Obligations 3.1 In accordance with the respective license contract, the Software may be used as a single user license or as a server license. The Customer shall not make the Software publicly available in a public network and has to take appropriate encryption measures (in particular with a WLAN) so that third parties cannot access the licensed software. 3.2 The Customer is entitled to use the Software on each of the available hardware. However, if he changes the hardware, he is obligated to delete the previously installed software of the hitherto used hardware. 3.3 Copyrights, serial numbers, other features used for program identification or copy protection function shall not be removed or altered by the Software. 3.4 The Customer shall ensure that the hardware and software environment is suitable for operating the software considering the manual. 3.5 The Customer is solely responsible to ensure regular backups of the Software. 3.6 Before working with the Software, the Customer must build a test environment with the same conditions as the ones under which the Software is to work later. The Software is to be applied only if it has passed a sufficient test period successfully. This also applies to every upgrade / update of the Software. 3.7 The Customer must ensure that all keys generated by the software for the purpose of recovery / decryption / generating keys are stored outside of the software and in a safe environment. The loss of the keys can lead to the loss of all Data. RSCS has no means to recover lost keys and is not liable for the loss of such keys and subsequent Data loss. 3.8 The installation of third-party software in addition to the Software on the same computer or the modification of the Software or hardware in a non-intended manner is not permitted and results in a voiding of the warranty rights. 3.9 The Customer must ensure that any person handling the Software recognizes the terms of this EULA, especially with regard to the scope as set forth above. 4 Intellectual Property Rights (IPR) 4.1 Customer recognizes that trademark rights, logos, business names, domain names and any other marks used by RSCS or in RSCS’ products may be subject to legal protection and may be used only by the Customer with RSCS’ prior written authorization.