12. License terms for software

As far as we yield software to the client in connection with the purchase of a device (hardware), the following license terms apply:
a) Associated with the devices, which are subject to the act of sale, and with or to which the software is yielded, the client obtains the right to use the yielded software and written documents. Reproduction of the software is not permitted. The upgrade or change of the software and its configuration as well as any other change in a program by the client is to be reported to us earlier betimes and not permitted without our explicit permission. The lease of software is not permitted.
b) All the rights for the software remain with us. Particularly the software exclusively remains our intellectual property as defined by the copyright law, regardless if the software is patented, protected otherwise or not protected.
c) The license fee is, if not declared otherwise, included in the purchase price of the hardware or software.
d) We are entitled to terminate the license agreement with the client without previous notice, if the client infringes the above mentioned license terms and again infringes the license terms within 15 days after warning.
e) In case of infringement of the regulations of this article of contract, a penalty of €10.000,- for each breach is stipulated, regardless of negligence or fault and is not subject to reduction by judgment. The assertion of a higher actual loss remains unaffected hereby.