********************* * License Agreement * ********************* This is a legal agreement between two parties, namely 1 "MKM Gesellschaft buergerlichen Rechts fuer Softwareentwicklung und -vertrieb", which is a corporation of the following three persons, (a) Matthias Koeppe, Erzbergerstr 12, 39104 Magdeburg, FRG, (b) Stefan Milius, St-Josef-Str 100, 39130 Magdeburg, FRG, (c) Daniel Mahrenholz, Othrichstr 12, 39128 Magdeburg, FRG, called the "Licensor" in the agreement below, and 2 You as the user of the software stated in the Software Certificate, called "Licensee" in the agreement below. Paragraph 1: Object of Agreement Object of agreement is the license of the software stated in the Software Certificate (called "License"). The Licensee gains a non-exclusive and non-transferrable license to use the software stated in the Software Certificate (called "Software") according to the statements in the Software Certificate. Paragraph 2: Rights and Duties of the Licensee With the License, the Licensee gains the right to use the Software for the Licensee's own business, within the bounds of the conditions in the Software Certificate. The usufruct of the Software or parts of the Software is not transferrable to any third party (called "Others"). The Licensee is not allowed to transfer the Software or parts of the Software to Others. The Licensee may install and use the Software on one (and only one) computer. The Licensee is allowed to create back-up copies of the Software. The Licensee is not allowed to copy documentation provided with the Software or any parts of it. Paragraph 3: Works of the Licensor The Licensor commits himself to deliver the Software, including documentation, according to the Software Certificate. On desire of the Licensee, the Licensor is ready to provide additional support. This support is recompensed by the Licensee according to conditions to be agreed. Paragraph 4: Guarantee Licensor and Licensee agree that, according to the state of technology, faults in the Software cannot be made impossible, even if taking greatest care. They further agree that faults are present exactly in the case if the Software fails within the kind of usage that was documented by the Licensor. Provided the case that the faults are reproducable and appear in the latest unmodified version of the Software, and are furtherly not caused by mistakes in usage or faults in the operating system, the extent of guarantee is that the Licensor tries to remove these faults or develops an alternative solution and provides this or a modified version to the Licensee. Further rights or claims, especially these for compensation (including consequential damages), cannot be considered. The guarantee of the Licensor exclusively relates to the original version, as delivered to the Licensee. Pargarph 5: Liability The Licensor is not liable for direct, nor indirect damages that result from using the Software or the documentation of the Software. The liability is limited to the license fee, as stated in the Software Certificate, independently from the reason. The Licensor is not liable for lost profit, missed savings, damages out of Others' claims nor other indirect or consequential damages, nor for recorded data. Paragraph 6: Licensing fee, Right of Withdrawal For the rights given by this agreement, the Licensee has to pay the licensing fee, as stated in the Software Certificate, to the Licensor. The Licensee has a right of withdrawal within the period of testing as stated in the Software Certificate, beginning with delivery of the Software. At a withdrawal of the Licensee, any documents, i.e. documentation and data media (original and back-ups), must be returned. The agreement then becomes invalid. The single license fee immediately falls due after invoice date and the end of the period of testing. The fees for additional works of the Licensor fall due immediately after invouice date. All fees are without VAT. This is additionally charged according to legal requirements. Paragraph 7: Copyright and Property Any copyrights and rights of property in the Software stay with the developer of the Software. The Licensee does not gain any copyright, or right of property in the Software, except the one right to use the Software according to the conditions of this agreement. Paragraph 8: Period of Agreement This agreement comes into force with the Licensee installing the Software on his computer system. The period of validity of this agreement is unlimited. Any Software Certificate is cancellable with the period stated there. At cancellation of a Software Certificate, the Licensee commits himself to return the documents (consisting of documentation and data media) that were delivered to him, including all back-up copies, and to pay any due fees. Paragraph 9: General Conditions The Licensor explicitly declares to be entitled to give the License according to this agreement. Modifications or completions of this agreement require a written form. Voidity of single regulations of this agreement leaves the validity of the remaining regulations and of the agreement as a whole untouched. ************************ * Software Certificate * Language Product Commercial License ************************ This is the standard Software Certificate valid and applied for a commercial license of a Language Product (i.e. a software developping tool). Modifications to the regulations stated below require a written form. Definition of "Software": The Software is the files of the software product, delivered on data media by the Licensor, as a whole. Conditions of usage: * The Software is a developping tool, which may be included to software developments of the Licensee. * The Licensee has the right to adapt the Software to one's needs and to develop it according to one's ideas. Copyright and rights of property of the Licensor remain untouched by this regulation; the Licensee does not gain any of these rights. * The Licensee has the right to distribute application programs that he has created using the Software, without paying any further fees. Distributing the Software or parts of the Software or modified versions of the Software is not allowed. Testing Period: None Period of Guarantee: 6 (Six) Months Period of Cancellation Notice: None Period of Validity: Unlimited ************************ * Software Certificate * Language Product Limited License ************************ This is the standard Software Certificate valid and applied for a limited license of a Language Product (i.e. a software developping tool). Modifications to the regulations stated below require a written form. Definition of "Software": The Software is the files of the software product, delivered on data media by the Licensor, as a whole. Conditions of usage: * The Software is a developping tool, which may be included to software developments of the Licensee. * The Licensee has the right to adapt the Software to one's needs and to develop it according to one's ideas. Copyright and rights of property of the Licensor remain untouched by this regulation; the Licensee does not gain any of these rights. * The Licensee has the right to use application programs that he has created using the Software for his own purposes. Distribution of these application programs to a third party is not allowed. Testing Period: None Period of Guarantee: 6 (Six) Months Period of Cancellation Notice: None Period of Validity: Unlimited ************************ * Software Certificate * Application License ************************ This is the standard Software Certificate valid and applied for a license of an Application Product. Modifications to the regulations stated below require a written form. Definition of "Software": The Software is the files of the software product, delivered on data media by the Licensor, as a whole. Conditions of usage: * The Software is an application program. * The Licensee has the right to use this application program for his own purposes. Testing Period: None Period of Guarantee: 6 (Six) Months Period of Cancellation Notice: None Period of Validity: Unlimited