Product-Specific Appendix to the Proposal for axesFlip
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A1 Object axesFlip
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axesFlip is software developed by axes4 GmbH for the automated creation of
PDF/UA documents from PDF files.

It is available through various deployment options, licensing models, and
billing models. The specific terms (deployment option, usage type, usage
rights, billing model, scope, and term) are set forth in the offer.

This product-specific addendum to the offer for axesFlip supplements the
offer and its other addenda, the additional provisions regarding the
respective software licensing, and the General Terms and Conditions of
axes4 GmbH or axes4 Deutschland GmbH.


A2 Deployment Types
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axesFlip is available in the following deployment models. The specific
deployment model determines both the location of the operation and
responsibility for the operation (Section A7).

A2.1 REST Server
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The software is operated as an internal service of the licensee and accessed
internally via an HTTP/REST interface (typically as an on-premises deployment
or as a cloud deployment managed by an IT service provider contracted by the
licensee).

A2.2 CLI (Command Line Interface)
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The software is launched directly as a command-line program, specifically for
integration into the licensee's scripts or build pipelines.

A2.3 SDK (Software Development Kit)
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The axesFlip SDK is a collection of programming tools and interfaces that
enables software providers and integrators to seamlessly integrate axesFlip's
core technology into their own applications.

A2.4 Cloud (SaaS)
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The software is operated by axes4 under a Software-as-a-Service model and
made available to the licensee via an HTTP/REST interface.


A3 Type of Use and Rights of Use
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A3.1 Type of Use
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The type of use is specified in the offer and is classified as follows:

- Internal use: PDF/UA creation is performed exclusively for the licensee's
  own organization or for organizations affiliated with it on an arm's-length
  basis.
- Commercial use: PDF/UA creation is performed by the licensee for third
  parties.

A3.2 Standard Use
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Under the terms of standard use, the licensee is granted a non-exclusive,
non-transferable right to use the axesFlip components for their intended
purpose for the duration of the contract.

A3.3 OEM Use
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Unless expressly agreed upon in the offer, the licensee is granted the right,
under an OEM license, to integrate axesFlip components into its own software
solution and to sublicense them to end users. The terms and conditions of the
sublicense (in particular, permitted distribution channels, end-user terms,
attribution requirements, and the billing model) are set forth in the offer.


A4 Licensing and Provision of License Information
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The licensee may download all necessary components and will receive either an
API key or a token from axes4 for licensing purposes, in accordance with the
following terms and conditions.

A4.1 Credentials (Cloud Usage)
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Licensing for cloud use is handled via an API key, which is provided to the
licensee through a web application after successful authentication.

A4.2 Token
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If a token is required for licensing, axes4 needs the licensee to provide
certain information in advance regarding the parameters to which the token is
to be bound. The token can be bound to one or more of the following
parameters:

- Hardware fingerprint;
- MAC address (especially in virtualized environments);
- Active Directory / Entra ID (similar to a floating license);
- OEM partner's code-signing certificate in combination with the product
  name(s);
- Product version.

The parameters appropriate for each specific case depend on the delivery
method, the billing model, and the licensee's environment. A token always has
an expiration date and is delivered via email.

A4.3 Hybrid Licensing
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Hybrid licensing combines:

- an API key (usually part of the token) and
- a token linked to the hybrid count and the associated cloud account.

The hybrid licensing token has no expiration date.

A4.4 Demo
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In a deployment marked as a demo, the axesFlip Worker runs with watermarks
and color mapping in the output. Productive use of the demo version is not
permitted.


A5 Billing Models
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The billing model is specified in the quote. The following models are
available:

A5.1 Page-based billing
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Page-based billing is only available for the Cloud deployment type or, for
the REST Server, CLI, and SDK deployment types, in combination with hybrid
billing. For the purposes of this appendix, a "page" corresponds to one A4
page in the output document. Any deviations from this are specified in the
quote.

A5.2 Flat
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Flat-rate billing is available for all service types. Usage is limited to the
number of threads specified in the quote or, in the case of the cloud, the
number of instances. The exact limits are specified in the quote.

A5.3 Billing by Product (OEM)
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OEM licenses are billed per product by default. The details are specified in
the quote.

A5.4 Revenue Sharing (OEM)
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For OEM licenses, an individually negotiated revenue-sharing arrangement may
be agreed upon as an alternative. The basis, reference metric, billing
period, and rights to review and audit will be specified in the proposal.


A6 Prepaid Plans, Data Allowances, and Overage Charges
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A6.1 Page-based prepaid packages
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If a page-based billing model has been agreed upon, the licensee purchases
page quotas in advance (prepaid packages). The purchased quotas are valid for
a period of twelve (12) months from the date of purchase, unless otherwise
agreed in the offer. The axesFlip Worker stops processing ("hard limit") as
soon as the quota is used up, unless automatic top-up has been agreed upon.

A6.2 Packages based on threads or instances
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If the fee is based on a certain number of threads or instances, the
purchased package is valid for the period specified in the offer, starting
from the date of purchase.

A6.3 Overuse and Grace Period
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The specific terms regarding the notification of the licensee about the
current usage status and the consequences of exceeding the subscribed quota
(overuse / grace period) are set forth individually in the offer. Unless
otherwise specified, the following applies:

(1) Any use of the software that exceeds the scope defined in the offer
    (e.g., transaction volume, number of licenses, or modules) or the
    agreed-upon term of use (hereinafter "excessive use") is subject to a
    fee. In any case of excessive use, the provisions of the original
    contract and these additional terms and conditions shall continue to
    apply in full.

(2) axes4 is entitled to issue a supplementary invoice for the period and
    extent of the excess usage. The fee payable by the licensee shall be
    calculated in accordance with the terms agreed upon in the offer or, if
    not explicitly specified therein, in accordance with axes4's current
    price list as of the date of the excess usage.

(3) In the event of continued use beyond the contract term (i.e., continued
    use after the contract term has expired without an express extension),
    the subsequent billing does not establish a permanent right of use or
    create a new, indefinite contractual relationship, unless axes4 and the
    provider expressly agree to this in writing.


A7 Responsibility for Operations
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A7.1 Cloud
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With the Cloud deployment model, axes4 is fully responsible for the operation
of the software.

A7.2 Hybrid Counting
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In a hybrid counting setup, operational responsibility is divided by
component:

- Conversion / Worker: The licensee is responsible for operating the
  axesFlip Worker.
- Counting: axes4 is responsible for operating the counter. The parameters
  appropriate for each specific case depend on the deployment type, the
  billing model, and the licensee's environment.

A7.3 Other Types of Provision
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For all other deployment types (in particular, REST Server, CLI, and SDK
without cloud components), the licensee is solely responsible for operations.


A8 Product-Specific Support Services for axesFlip
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In addition to the basic and extended support services described in the other
parts of this agreement, the following applies to axesFlip:

A8.1 Extended Support
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Scope and Coverage:

As part of the Extended Support package, axes4 provides services to assist
the customer with technical questions and issues related to the axesFlip
software module covered by the contract.

Prioritized ticket handling (best effort):

Customer inquiries submitted through the official axes4 support system are
given priority over inquiries from customers using standard support. These
inquiries are handled on a "best effort" basis.

Prioritization is determined based on the criticality of the reported
incident and the provider's available resources.

Designated Contact Person:

axes4 assigns a dedicated contact person to the customer.

This person serves as a coordinating point of contact for complex inquiries
and to ensure continuity in customer support.

Obligations to Cooperate:

The provision of Extended Support requires that the customer describe issues
with sufficient precision and promptly provide the contact person with the
information necessary for troubleshooting (e.g., sample data).


A9 Data Security and Privacy
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In addition to the other terms of the agreement, the following
product-specific provisions apply to axesFlip.

A9.1 Cloud
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The following applies to the Cloud deployment model:

- axes4 processes the licensee's personal data in accordance with the Data
  Processing Agreement (DPA).
- The software is operated on servers located within the European Union.
- By default, documents are processed temporarily in RAM and deleted
  immediately after the result is delivered; no permanent storage takes
  place. This also applies by default in the event of an error.
- A document that has been processed incorrectly will be saved only with the
  licensee's express permission. This consent is also a prerequisite for
  axes4 to provide support in a specific support case. The saved document
  will be used solely for the purpose of handling the respective support
  case and will be deleted once the case is closed.

A9.2 Hybrid Counting
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During hybrid counting, axes4 does not process any personal data belonging to
the licensee or end users as part of the actual conversion process.

For billing purposes, axes4 collects only statistical metadata from the
documents. This includes, in particular:

- Title;
- Document Instance;
- Instance ID;
- Document ID;
- File Size;
- Number of Pages;
- Creator;
- Producer;
- Keywords;
- Subject.

The licensee shall ensure and warrant that it does not enter any personal
data (in particular, real names, contact information, or other identifying
information) into these metadata fields, and shall be liable to axes4 in the
event of a breach of this obligation.

A9.3 Document Processing Record
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For each request, axes4 collects the following data to verify document
processing and for billing purposes:

- IP address;
- Timestamp;
- Subscription ID.

A9.4 Other Types of Provision
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For all other types of provision, the licensee is solely responsible for data
protection and data security, unless otherwise required by law.


A10 Professional Services for axesFlip
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Professional services for axesFlip are billed on a time-and-materials basis
according to axes4's current hourly rates, unless otherwise specified in the
quote.

A10.1 Counseling
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The consulting services include, in particular, support for the
implementation and rollout of axesFlip at the licensee's site.

A10.2 Template Creation and Template Disclaimer
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Upon request from the licensee, axes4 creates templates for axesFlip.

Template Disclaimer: The person who creates the template is solely
responsible for the technical accuracy of templates created using the
axesFlip Designer. axes4 assumes no liability for the compliance of documents
generated from axesFlip with relevant accessibility standards (in particular
PDF/UA) unless it has created the templates itself. If the licensee or a
third party creates the templates, that party is responsible for ensuring
that the documents generated using the templates comply with the UA.

A10.3 Custom Nodes
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The atomic processing modules of the axesFlip Worker are referred to as
"nodes." If axes4 creates custom nodes on behalf of the licensee, the
intellectual property rights to these custom nodes belong to the licensee,
unless otherwise agreed upon in the offer. axes4's existing rights to the
underlying platform, standard nodes, libraries, and utilities remain
unaffected.

A10.4 Future: Custom nodes signed by axes4
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axes4 reserves the right to introduce an offer for the signing of custom
nodes in the future. The terms and conditions for this will be set forth
separately in the offer or in an addendum to this appendix.


A11 Warranty and Liability (Product-Specific Addendum)
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The provisions regarding service levels, warranty exclusions, and limitations
of liability set forth in the other parts of the agreement remain in full
force and effect for axesFlip. They are merely supplemented by the following
product-specific provisions.

A11.1 Warranty for Cloud and Hybrid Deployment Models
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For the Cloud and Hybrid deployment models, axes4 resolves reported software
bugs on a "best effort" basis within the scope of the contractually agreed
support level. The parties acknowledge that, given the current state of
technology, it is not possible to deliver software that is completely free of
errors; however, axes4 warrants that axesFlip does not contain any defects
that would prevent or significantly impair its use in accordance with the
contract.

A11.2 Compliance of the generated documents
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axes4 is not liable for the full accessibility or standards compliance (in
particular PDF/UA, WCAG) of documents generated with axesFlip, to the extent
that any non-compliance is attributable to the quality of the templates or
source documents used. The Licensee is responsible for the technical accuracy
of the templates (unless created by axes4; see Section A11.2) and for
conducting appropriate spot checks of the generated documents.

A11.3 Maximum Liability Amount
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Notwithstanding the other provisions of this agreement (such as Section 11
of the Terms and Conditions), axes4's liability is limited as follows: axes4's
liability to the licensee in any calendar year shall not exceed the amount
that the licensee has actually paid to axes4 during that calendar year.


A12 Term, Renewal, Termination
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The terms regarding the term and termination of the contract apply to
licenses for axesFlip. The initial license term is twelve (12) months, unless
otherwise agreed in the offer. The contract is automatically extended for
additional twelve (12) months unless terminated in writing by either party at
least three (3) months prior to the expiration of the respective term.

The right to terminate the agreement for cause remains unaffected.

Upon termination of the agreement, the Licensee shall immediately cease using
axesFlip (including any OEM components and tokens), uninstall any components
provided locally, and delete any stored copies.

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