Contract number/Customer ID.

Contract number/Supplier ID.

Contract for the sale of hardware and transfer for beneficial use
of standard software against a one-time payment
The following contract is concluded
Between
– in the following "Customer" –
And
– in the following "Supplier" –

1Object of the contract and payment

1.1Purchase of hardware*

Transfer for beneficial use of standard software*

Set up* of hardware*
Pre-installation* of standard software* by the Supplier

1.2All amounts indicated in this contract are understood to be uniformly in Euro.

1.3The total price (net) according to Number 3.4 of the contract is .
plus the VAT, which is in effect at the time of delivery or when the service is performed.

2Elements of the contract

2.1The following elements of the contract apply successively:

–this contract (Page 1 to ) with annex(es) no. .
–supplementary contractual provisions for the purchase of hardware* (EVB-IT Purchase) in the most current version, effective at the time of the conclusion of the contract, including sample 1
–supplementary contractual provisions for a transfer for beneficial use of standard software* against a one-time payment (EVB-IT Transfer for Beneficial Use Type A) ) in the most current version, effective at the time of the conclusion of the contract, including sample 1
–conditions concerning contracts for services – excluding building services – part B (VOL/B) in the most current version effective at the time of the conclusion of the contract.
EVB-IT Purchase, EVB-IT Transfer for Beneficial Use Type A, and VOL/B are available for examination at the premises of the Customer.

2.2Any and all additional terms and conditions are excluded, in the absence of any provision to the contrary in this contract.

Contract number/Customer ID.

Contract number/Supplier ID.

3Purchase, set-up, transfer for beneficial use, pre-installation

3.1The Supplier sells the hardware, which is listed in the following, to the Customer:

Serial
no. / Product name and description
Product no. / Number / Period of delivery /time of delivery / WarP / Hardware* purchase price / Hardware*
set-up*
Individual price
net / Total price
net / no
(n) / yes
(na/a) / Total price
net
1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10
Sub-total hardware (net)

WarP =Warranty period* in months, if deviating from Clause 4.5 EVB-IT Purchase.

na=No additional payment for hardware* set-up*; set-up* of the hardware* will be carried out by the

Supplier and is included in the respective individual price (column 6).

a =Additional payment for hardware* set-up*; set-up* of the hardware* will be carried out by the Supplier at the agreed upon price

(column 10).

Contract number/Customer ID

Contract number/Supplier ID

3.2The Supplier grants a transfer for beneficial use to the Customer to use the standard software listed in the following:

Serial
No. / Product name and description
Product no. / Number / Period of delivery /time of delivery / WarP / NSFO / EXP / One-time payment for transfer for beneficial use of standard software* / Pre-installation*
standard software*
Individual price
net / Total price
net / no
(n) / yes
(na/a) / Total price
net
1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12
Sub-total standard software (net)

WarP=Warranty period* in months, if deviating from Clause 7.6 EVB-IT Transfer for Beneficial Use Type A.

NSFO=No subsequent fulfillment obligation; the standard software, which is designated with "x," is excluded from the subsequent fulfillment obligation in accordance with Clause 7.8 EVB-IT Transfer for Beneficial Use Type A. Any rights regarding reduction of payment or cancellation and damages in accordance with Clause 4.6, para. 2 EVB-IT Purchase and/or Clause 7.7, para. 3 EVB-IT Transfer for Beneficial Use Type A remain unaffected.

EXP=The standard software, which is designated with "x," is subject to the U.S. Export Control Regulations in accordance with Clause 4.2 EVB-IT Transfer for Beneficial Use Type A.

na=No additional payment for the pre-installation* of the standard software*; the pre-installation* of the standard software* will be carried out by the Supplier and is included in the respective individual price (column 8).

a=Additional payment for the pre-installation* of the standard software*; the pre-installation* of the standard software* will be carried out by the Supplier at the agreed upon price (column 12).

3.3Supplementary agreement regarding pre-installation

in accordance with Annex no. .

3.4Total price
Sub-total hardware* purchase (Clause 3.1, column 7 of this contract)
Sub-total hardware* set-up* (Clause 3.1, Column 10 of this contract)
Sub-total standard software* one-time payment for transfer of beneficial use (Clause 3.2, Column 9 of this contract)
Sub-total standard software* pre-installation* (Clause 3.2, Column 12 of this contract)
Total price (net)

Contract number/Customer ID.

Contract number/Supplier ID.

3.5Supplementary description of the object of the contract

The supplementary description of the object of the contract consists of
the following parts of the Supplier's offer dated
Annex(es) no.
the following parts of the Customer's performance description dated
Annex(es) no.
the following additional documents
Annex(es) no.
The documents apply in
the above sequence
the following sequence

4Separate agreement regarding features

The following special features have been agreed upon with the Supplier:
Supplementary agreement in accordance with Annex no. .

5Documentation

5.1Language/Form (in supplement to/deviating from Clause 1.3 EVB-IT Purchase and Clause 2.2 EVB-IT Transfer for Beneficial Use Type A)

5.2Right of reproduction
The documentation of the standard software* in accordance with Clause 3.2, Serial no.
can be reproduced times.

6Delivery address

Place of fulfillment (if deviating from the delivery address)

Contract number/Customer ID.

Contract number/Supplier ID.

7Special permission of use agreements in accordance with Clause 3.2 EVB-IT Transfer for Beneficial Use Type A

7.1Multiple use

The standard software* in accordance with Clause 3.2, Serial no. may be used contemporaneously up to times.
7.2Transferability
The right of use of the standard software* in accordance with Clause 3.2, Serial no. is not transferable.
7.3Limitation of the right of use to the hardware system environment in accordance with Clause 3.1
The right of use of the standard software* in accordance with Clause 3.2, Serial no. is limited to the hardware* system environment* in accordance with Clause 3.1, Serial no. .
7.4Additional permission of use agreements
in accordance with Annex no. .
7.5Copy for audits and records
If the Customer is authorized to transfer the rights of use to a third party, he may, for the event of a transfer, retain a copy of the standard software* including the documentation for audits and records
against the following additional payment
without additional payment.

8Copy or use restrictions in accordance with Clause 3.8 EVB-IT Transfer for Beneficial Use Type A

The Supplier has no knowledge of any copy or use restrictions as far as the standard software* is concerned.
The Supplier has knowledge of copy or use restrictions as far as the standard software* is concerned. For details see Annex no. .

9Copy for audits and records in the event of extraordinary termination of the rights of use

in accordance with Clause 4.1 and 4.2 EVB-IT Transfer for Beneficial Use Type A

In the event of termination, the Customer has the right to retain a copy of the standard software* for audits and records, including the documentation.
10Disposal (supplementary to Clause 1.4 and Clause 1.5 EVB-IT Purchase)

10.1 Disposal of the hardware

The Supplier undertakes to carry out disposal of the hardware* stipulated in Clause 3.1 on the basis of a separate agreement in accordance with Annex no. .
The Supplier undertakes to carry out disposal of the hardware* (old equipment) not stipulated in Clause 3.1 on the basis of a separate agreement in accordance with Annex no. .
10.2 Disposal of the packaging material
Supplementary agreement regarding disposal of the packaging material
by the Supplier in accordance with Annex no. .
by the Customer.

11Contact person

on the part of the Customer:
on the part of the Supplier:

Contract number/Customer ID.

Contract number/Supplier ID.

12Failure report and subsequent fulfillment within the scope of the warranty

12.1Address for the failure report in accordance with Clause 4.4 EVB-IT Purchase and/or Clause 7.5 EVB-IT Transfer for Beneficial Use Type A
The failure report will be filed using a form in accordance with sample 1 of EVB-IT Purchase
- Failure Report Form - and sent to:
Name/Company:
Organizational unit/Department:
Mailing address:
Telephone:
Fax:
E-mail:
URL:

12.2Acceptance of the failure report, supplementary agreements regarding on-call* and response times* within the scope of the warranty for hardware* and standard software* with the obligation to carry out subsequent fulfillment

The failure report will be accepted during the following normal business hours of the Supplier:
Supplementary agreements regarding on-call* and response times* in accordance with Annex no. .
13Telephone support
Customer telephone support will be effected in accordance with a separate agreement in accordance with Annex no. .

14Insurance

The Supplier proves that, in accordance with Clause 6.2.1 EVB-IT Purchase and Clause 9.2.1 EVB-IT Transfer for Beneficial Use Type A, the aggregate limits of liability are covered by an insurance policy, which corresponds in framework and scope to a normal industrial liability insurance policy in Germany or a comparable insurance policy from a member country of the EU.

15Additional agreements

, / ,
PlaceDatePlaceDate
Company / Customer
Signature (s) Supplier (name(s) printed) / Signature (s) Customer (name(s) printed))