Unless otherwise agreed in writing, the NMS NMS Prime Subscription Agreement refers to the "NMS Prime Enterprise Edition" license.

NMS Prime Community Edition

NMS Prime Community Edition is licensed under GPLv3.

NMS Prime Enterprise Edition

License Terms of NMS Prime GmbH (hereinafter referred to as "NMS ")

Date 01.07.2020

§ 1 Applicable regulations

(1) These license terms apply to software produced by NMS and provided to the customer for a fee. The applicable regulations can be found under section §4.

(2) If software of other manufacturers or FOSS (Free and Open Source Software) is made available to the customer within the scope of the contract, the license provisions of the respective software shall apply.

(3) This offer is directed exclusively to entrepreneurs in the sense of § 14 BGB.

(4) These license terms of NMS shall apply exclusively. If the customer himself works with general terms and conditions, these shall not become part of the contract.

§ 2 Subject Matter of the Rental Contract

(1) The subject matter of the contract shall be the software NMS Prime in the version offered at the time of download.

(2) Delivery shall take place in the area made available for download on the Internet.

(3) In the event that the software is rented for installation on premises by the Customer, the Customer shall be assigned the simple right, subject to the terms and conditions of these license terms and conditions, to reproduce the software that is the subject matter of the contract (§69a Nr. 1 UrhG [German Copyright Act]) for the duration of the respective performance specification. The number of rights of use to be transferred is specified in the respective performance specification.

(4) In the event of the rental of the Software for use via SaaS, the Customer shall be assigned the simple right, subject to the terms and conditions of these License Terms, to access the contractual Software via wired or wireless networks for the duration of the respective performance specification (§69a No. 4 UrhG). The number of rights of use to be transferred is specified in the respective performance specification.

(5) The transfer shall be subject to the complete and unconditional payment of the respective agreed rent (occurrence of conditions).

(6) Further rights of use shall not be transferred.

§ 3 Multiple Uses and Network Use

In the event of installation of the Software on Prem, the following provisions shall apply.

(a) The Customer can install the Software on any hardware. However, if the Customer changes the hardware, he must delete the Software from the hardware previously used before he installs it on the new device.

(b) Simultaneous storage, stocking or use on more than one hardware is not permitted.

(c) Server Licenses: Unless otherwise stated in the respective individual agreement, server licenses entitle the Customer to reproduce the Software once permanently and once temporarily on the server.

(d) Client licenses: Unless otherwise stated in the respective individual agreement, client licenses entitle the customer to install the software once permanently on any number of client computers; however, the number of rights to load the software into the main memory of the client computer and to access the server software by means of this is limited to the number stated in the respective individual agreement/performance specification (concurrent user).

§ 4 General Provisions

(1) These contractual terms and conditions are accessible in the original german language. If any stipulation under these terms and conditions needs to be interpreted, the german version shall prevail. Should any provision of these license terms be or become invalid, the validity of the remaining provisions shall not be affected thereby. The parties agree that with regard to all legal relations arising from this contractual relationship that the law of the Federal Republic of Germany shall apply.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of NMS, unless another court has exclusive jurisdiction due to mandatory statutory provisions.

(3) German law applies.