6. Scope of Use/Rights of Use
6.2 Simultaneous use of the software by more than the agreed number of users is an overuse of the software in breach of the contract. The customer is obliged to notify the licensor of any overuse immediately after becoming aware of it. The overuse shall then be invoiced for the relevant period for each additional user at the then valid list price.
6.3 The customer may reproduce the software to the extent that the respective reproduction is necessary for the use of the software. Necessary reproductions include the installation of the programme on the mass memory of the hardware used, the loading of the programme into the main memory and the running of the software.
6.4 Copyright notices, serial numbers and other features serving to identify the software may not be removed or changed by the customer.
6.5 The customer is not permitted to modify or alter the software in any way, in whole or in part, or to create derivative works based in whole or in part on the software. The customer is also prohibited from reverse-engineering the software, translating it or detaching parts of the programme from the software. The customer is not entitled – with the exception of the statutory exceptions of §§ 69 b) and 69 e) UrhG – to decompile or disassemble the software, to carry out reverse engineering or to otherwise attempt to derive the source code. If the customer is permitted by mandatory statutory provisions to carry out reverse engineering or decompilation in order to achieve full functionality or interoperability with other software programs, the customer is obliged to inform the licensor of the nature and scope of the intended actions before carrying out any such measures. Incidentally, decompilation is only permissible if the customer can prove a legitimate interest worthy of protection in taking the action.
6.6 The customer is obliged to prevent unauthorised access to the software by third parties by taking suitable precautions. The delivered software as well as the backup copies shall be kept in a place secured against unauthorised access by third parties. The customer’s employees shall be emphatically instructed to comply with these contractual and business terms and conditions as well as the licensor’s copyright.
6.7 The customer shall be liable for ensuring that the software is not used for purposes that violate the law or official regulations or requirements or that corresponding data is not stored on the servers.
6.8 The customer is obliged to apply procedures in his company which make it possible to check the use of the software in accordance with the type of licence, e.g. procedures which make it possible to determine the number of users. The customer is obliged to submit a written report to the licensor once every calendar year in which the number of users is listed depending on the type of licence.