MAXON Computer End User License Agreement (EULA) NOTICE TO USER WITH THE INSTALLATION OF THIS PRODUCT (THE "SOFTWARE") A CONTRACT IS CONCLUDED BETWEEN YOU ("YOU" OR THE "USER") AND MAXON COMPUTER GMBH (THE "LICENSOR"), A COMPANY UNDER GERMAN LAW WITH RESIDENCE IN FRIEDRICHSDORF, GERMANY. WHEREAS BY USING AND/OR INSTALLING THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN THE CASE OF NON-ACCEPTANCE OF THIS LICENSE YOU ARE NOT PERMITTED TO INSTALL THE SOFTWARE. IF YOU DO NOT ACCEPT THIS LICENSE PLEASE SEND THE SOFTWARE TOGETHER WITH ACCOMPANYING DOCUMENTATION TO MAXON COMPUTER OR TO THE SUPPLIER WHERE YOU BOUGHT THE SOFTWARE. 1. General Under this contract the Licensor grants to you, the User, a non-exclusive license to use the Software and its associated documentation. The Software itself, as well as the copy of the Software or any other copy you are authorized to make under this license, remain the property of the Licensor. 2. Use of the Software (1) You are authorized to copy the Software as far as the copy is necessary to use the Software. Necessary copies are the installation of the program from the original disk to the mass storage medium of your hardware as well as the loading of the program into RAM. (2) Furthermore the User is entitled to make a backup copy. However only one backup copy may be made and kept in store. This backup copy must be identified as a backup copy of the licensed Software. (3) Further copies are not permitted; this also includes the making of a hard copy of the program code on a printer as well as copies, in any form, of the documentation. 3. Multiple use and network operation (1) You may use the Software on any single hardware platform, Macintosh or Windows, and must decide on the platform (Macintosh or Windows operating system) at the time of installation of the Software. If you change the hardware you are obliged to delete the Software from the mass storage medium of the hardware used up to then. A simultaneous installation or use on more than one hardware system is not permitted. (2) The use of the licensed Software for network operation or other client server systems is prohibited if this opens the possibility of simultaneous multiple use of the Software. In the case that you intend to use the Software within a network or other client server system you should ensure that multiple use is not possible by employing the necessary access security. Otherwise you will be required to pay to the Licensor a special network license fee, the amount of which is determined by the number of Users admitted to the network. (3) The license fee for network operation of the Software will be communicated to you by the Licensor immediately after you have indicated the number of admitted users in writing. The correct address of the Licensor is given in the manual and also at the end of this contract. The network use may start only after the relevant license fee is completely paid. 4. Transfer (1) You may not rent, lease, sublicense or lend the Software or documentation. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this agreement, the Software, including all copies, updates or prior versions as well as all documentation to such person or entity and that you retain no copies, including copies stored on a computer and that the other person agrees that the terms of this agreement remain valid and that his acceptance is communicated to the Licensor. (2) You are obliged to carefully store the terms of the agreement. Prior to the transfer of the Software you should inform the new user of these terms. In the case that the new user does not have the terms at hand at the time of the transfer of the Software, he is obliged to request a second copy from the Licensor, the cost of which is born by the new licensee. (3) After transfer of this license to another user you no longer have a license to use the Software. 5. Updates If the Software is an update to a previous version of the Software, you must possess a valid licence to such previous version in order to use the update. You may continue to use the previous version of the Software only to help the transition to and the installation of the update. After 90 days from the receipt of the update your licence for the previous version of the Software expires and you are no longer permitted to use the previous version of the Software, except as necessary to install the update. 6. Recompilation and changes of the Software (1) The recompilation of the provided program code into other code forms as well as all other types of reverse engineering of the different phases of Software production including any alterations of the Software are strictly not allowed. (2) The removal of the security against copy or similar safety system is only permitted if a faultless performance of the Software is impaired or hindered by such security. The burden of proof for the fact that the performance of the program is impaired or hindered by the security device rests with the User. (3) Copyright notices, serial numbers or other identifications of the Software may not be removed or changed. The Software is owned by the Licensor and its structure, organization and code are the valuable trade secrets of the Licensor. It is also protected by United States Copyright and International Treaty provisions. Except as stated above, this agreement does not grant you any intellectual property rights on the Software. 7. Limited warranty (1) The parties to this agreement hereby agree that at present it is not possible to develop and produce software in such a way that it is fit for any conditions of use without problems. The Licensor warrants that the Software will perform substantially in accordance with the documentation. The Licensor does not warrant that the Software and the documentation comply with certain requirements and purposes of the User or works together with other software used by the licensee. You are obliged to check the Software and the documentation carefully immediately upon receipt and inform the Licensor in writing of apparent defects 14 days after receipt. Latent defects have to be communicated in the same manner immediately after their discovery. Otherwise the Software and documentation are considered to be faultless. The defects, in particular the symptoms that occurred, are to be described in detail in as much as you are able to do so. The warranty is granted for a period of 6 months from delivery of the Software (for the date of which the date of the purchase according to the invoice is decisive). The Licensor is free to cure the defects by free repair or provision of a faultless update. (2) The Licensor and its suppliers do not and cannot warrant the performance and the results you may obtain by using the Software or documentation. The foregoing states the sole and exclusive remedies for the Licensor's or its suppliers' breach of warranty, except for the foregoing limited warranty. The Licensor and its suppliers make no warranties, express or implied, as to noninfringement of third party rights, merchantability, or fitness for any particular purpose. In no event will the Licensor or its suppliers be liable for any consequential, incidental or special damages, including any lost profits or lost savings, even if a representative of the Licensor has been advised of the possibility of such damages or for any claim by any third party. (3) Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. In this case a special limited warranty is attached as exhibit to this agreement, which becomes part of this agreement. To the extent permissible, any implied warranties are limited to 6 months. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. In the case that no special warranty is attached to your contract please contact the Licensor for further warranty information. 8. Damage in transit You are obliged to immediately inform the transport agent in writing of any eventual damages in transit and you should provide the Licensor with a copy of said correspondence, since all transportation is insured by the Licensor if shipment was procured by him. 9. Secrecy You are obliged to take careful measures to protect the Software and its documentation, in particular the serial number, from access by third parties. You are not permitted to duplicate or pass on the Software or documentation. These obligations apply equally to your employees or other persons engaged by you to operate the programs. You must pass on these obligations to such persons. You are liable for damages in all instances where these obligations have not been met. These obligations apply equally to your employees or other persons he entrusts to use the Software. The User will pass on these obligations to such persons. You are liable to pay the Licensor all damages arising from failure to abide by these terms. 10. Information In case of transfer of the Software you are obliged to inform the Licensor of the name and full address of the transferee in writing. The address of the Licensor is stated in the manual and at the end of this contract. 11. Data protection For the purpose of customer registration and control of proper use of the programs Licensor will store personal data of the Users in accordance with the German law on Data Protection (Bundesdatenschutzgesetz). This data may only be used for the above-mentioned purposes and will not be accessible to third parties. Upon request of the User the Licensor will at any time inform the User of the data stored with regard to him. 12. Other (1) This contract includes all rights and obligations of the parties. There are no other agreements. Any changes or alterations of this agreement have to be performed in writing with reference to this agreement and have to be signed by both contracting parties. This also applies to the agreement on abolition of the written form. (2) This agreement is governed by German law. Place of jurisdiction is the competent court in Frankfurt am Main. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (3) If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement which shall remain valid and enforceable according to its terms. 13. Termination This agreement shall automatically terminate upon failure by you to comply with its terms despite being given an additional period to do so. In case of termination due to the aforementioned reason, you are obliged to return the program and all documentation to the Licensor. Furthermore, upon request of Licensor you must submit written declaration that you are not in possession of any copy of the Software on data storage devices or on the computer itself. 14. Information and notices Should you have any questions concerning this agreement or if you desire to contact MAXON Computer for any reason and for all notifications to be performed under this agreement, please write to: MAXON Computer GmbH Max-Planck-Str. 20 D-61381 Friedrichsdorf Germany or for North and South America to: MAXON Computer Inc. 2640 Lavery Court, Suite A Newbury Park, CA 91320 USA or for the United Kingdom and Republic of Ireland to: MAXON Computer Ltd The Old School Greenfield Beds MK45 5DE United Kingdom We will also be pleased to provide you with the address of your nearest supplier.