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END USER TERMS AND CONDITIONS OF LICENSE

Scope of the End User Terms and Conditions of License

This Software and the documentation belonging to it are protected under copyright law. Your use of this
Software requires the grant of the rights necessary for such use.

These End User Terms and Conditions of License govern the scope of the rights granted by TuneUp
Distribution GmbH, Rheinstraße 97 in 64295 Darmstadt, Germany, (hereinafter “TuneUp”) to you as the
acquirer of the Software. Please read these End User Terms and Conditions of License carefully prior to a
download if the software is being acquired online, or prior to installation of the Software in all other cases.
Upon the clicking the “I accept” button the End User Terms and Conditions of License will become binding.
The installation of the Software will only continue in this case.

If you do not accept the Terms and Conditions of License, click the “Reject” button. You may then not use
the Software.

PART A - Generally Applicable Terms and Conditions of License

1. Scope of Use

1.1 License

a. Standard Version

You are granted the non-exclusive and perpetual right to use the Software for your own purposes. You
are entitled to install and use one copy of the Software on one Computer unless an explicit number of
licenses is granted on the retail box / on the authorised e-shop / or in the accompanying certificate. In
this case you are entitled to install and use one copy of the Software on one Computer for each
granted license.

Use of the Software within the meaning of the End User Terms and Conditions of License is any
permanent or temporary, entire or partial reproduction (copying) of the Software through the saving,
loading, running or display by the computer for the purpose of executing the Software and processing
data contained in the Software. You are also entitled to carry out said actions for the purpose of
observation and examination as well as to test the Software. A reproduction of the handbook is not
permitted unless you are producing a printout of the handbook which was provided exclusively in an
electronic form.

You are entitled to make a back-up copy of the Software and the usual data back-ups, provided this is
required to ensure the future use of the Software.

b. Test Versions

The following discrepant rules shall apply for Test Versions:

You have the non-exclusive right to use the Software for a limited testing period for your own
purposes. After the expiration of the testing period, the Software will no longer be usable, or only to
a limited extent.

The transfer of the Software version of this Product expressly designated by TuneUp as being a „Test
Version“ is allowed, provided it is not sold, rent or otherwise provided at a charge. Notice of any
provision or publication is requested. The test version may be installed and operated on a parallel
basis on any number of computers.

The purchase of an Activation Code


- for a single, installed Test Version or
- for the relevant number of Test Versions in the case of an Activation Code relating to a specific
number
will activate them to a Full Version and authorize the user to use the Software beyond the granted
testing period. The rules on the scope of use under a. and the other End User Terms and Conditions of
License will then apply for the Full Version.

c. Volume License

The following discrepant rules shall apply for Volume Licenses:


You have the non-exclusive right to use the Software within an organization.

All Licenses you have acquired as part of the Volume License Software
- can only be used within one company / organization and
- can not be used by private end users.
You assure that all statements you have made about your company / organization and the intended
use of the software within this company / organization when acquiring the Volume License Software
are accurate.

You may neither remove nor alter any copyright notices and other notices of intellectual property
rights within the Software. These notices are to be transferred to each copy.

1.2 Decompilation
You are not authorized to reproduce the Code or translate the Code form into another programming
language or into the original source code without the consent of the copyright owner unless this is
required to obtain the necessary information in order to create the interoperability of an
independently created computer program with other programs, provided the following conditions are
met:

a) The actions are undertaken by the licensee or a person authorized to use a reproduced piece of
the program or by another authorized person acting on their behalf;
b) the information necessary to creating the interoperability was not made available to the
individuals referred to under point a);
c) the actions are limited to the portion of the original program necessary to the creation of the
interoperability.

Information acquired in this manner may not be

a) used for purposes other than the creation of the interoperability of the independently created
program;
b) provided to third parties unless this is necessary for the interoperability of the independently
created programs;
c) used to develop, produce or market a program essentially having the same forms of expression
or for any other actions which infringe the copyright.

1.3 The translation, processing or other form of alteration of the Software and the creation of derivative
works of the Software is reserved exclusively for TuneUp. This shall not affect the right of the
customer to correct errors if and to the extent the correction of errors is necessary for the use of the
Software in accordance with the licence granted.

1.4 The granted license does not authorize you to reproduce the Software beyond the extent described
above or to distribute it or make it otherwise available to third parties. In particular, you are not
entitled to rent, lease, lend or offer or provide commercial services to third parties with its help, e.g.
by ways of hosting or the operation of a data processing center or as a service bureau.

1.5 Any use beyond the use described above constitutes a breach of contract.

1.6 You may neither remove nor alter any copyright notices and other notices of intellectual property
rights within the Software. These notices are to be transferred to each copy.

2. Transfer of the Software

You may only transfer the Volume Licenses (sec. 1.1 c.) to a subsequent user as a whole (which
means e.g. all 6 Licenses together, not just one or two of them) and upon the grant of no broader
license than those granted under these End User Terms and Conditions of License.

Upon the transfer of the Software you shall lose the right to use the Software; this use shall pass to
the subsequent user. You are then obliged to promptly and fully delete or destroy in another manner
all copies and partial copies of the Software and any changed or revised versions of the Software,
including copies and partial copies thereof. This shall also apply to your back-up copies.

Software marked as „Not For Resale (NFR)“ or in a similar manner („NFR Software“) and software
marked as a Test Version may not be provided against a fee. NFR Software is not intended for sale.
NFR Software may only be provided to third parties for test purposes.
3. Support

You will receive support for your Software in the form of technical support for problems with the
Software and the correction of errors and improvement of the Software on an ongoing basis at the
contacts listed on www.tuneup.de or www.tune-up.com.

PART B - Terms and Conditions governing the Purchase of Software through TuneUp
Distribution GmbH

Only in the event that you purchase or have purchased the Software – this is either the
Software as a whole or as a program patch, e.g. as an update (program patch to remedy errors
or introduce new functions, not a fully new and separate program version); hereinafter jointly
referred to as “Software“ – from TuneUp Distribution GmbH, (hereinafter referred to as
“TuneUp“), will the following terms and conditions of clauses 4 to 6 apply, provided that you
declare your agreement with the application of these End User Terms and Conditions of
License.

Should you not purchase or have purchased the Software through TuneUp, the following terms
and conditions will not apply. In this case, the terms and conditions agreed to between you
and your retailer when the Software is or was bought from your retailer will apply.

4. Warranty

4.1 The Software and its Documentation are free of defects if they are suitable for a use in accordance
with the description of the Software and its functions issued by TuneUp and valid on the date on
which you have received the Software and the Documentation. No other quality of the Software
beyond this has been agreed to.

4.2 Because no software is free of error, we urgently advise you to regularly make a back-up of your data.

4.3 Should the Software prove to be unsuitable for the purpose in accordance with clause 4.1 or should it
not, or not fully, perform the functions listed in the Documentation, or if the Software is responsible
for the occurrence of any other defect, you will first be entitled to demand subsequent performance
through the remedy of the defect or a new delivery of the Software. Should the type of subsequent
performance you select be associated with unreasonable costs for TuneUp in comparison to the value
of Software, your right shall be limited to the other form of subsequent performance.

4.4 Defects may also be remedied by TuneUp by way of telephone, written or electronic instructions,
provided this does not unreasonably impair your operation of the Software or its running.

4.5 If, within a reasonable period, TuneUp is unable to provide the Software in a condition which can be
deemed to be free of defects within the meaning of clause 4.1 or TuneUp finally and earnestly refuses
to remedy a defect, you shall have the right, upon your election, of reducing the purchase price or
returning the Software upon reimbursement of the purchase price.

4.6 TuneUp is not obligated to remedy a defect if the defect is attributable to revisions and/or changes to
the Software made by you. You shall have the opportunity to prove, however, that the occurring
defects of the Software are not related to your revisions or changes. In this case, TuneUp shall
remedy the defect in accordance with the provisions of this section.

4.7 If TuneUp bears fault, you may claim damage compensation or the reimbursement of expenses
instead of fulfilment of the original obligation. A right to return the Software or to demand
compensation instead of complete fulfilment of the original obligation shall only exist in the case of
significant defects. If you return the Software, you must cease to use the Software in accordance
with clause 2 of these Terms and Conditions of License.

4.8 Your claims against TuneUp for the performance of the warranty shall become statute-barred in two
(2) years from the date on which you have received the Software from TuneUp. This shall not apply if
TuneUp has fraudulently concealed the defect or the lack of a function of the Software. In these
cases, the statute of limitation shall be three (3) years and shall commence at the end of the year in
which you have received the Software.

4.9 The foregoing warranty provision shall apply accordingly for your claims to a remedy of defects in the
Software provided to you within the scope of re-performance or support services. In these cases, a
new statute of limitation shall commence as of the date you receive the improved version pursuant to
the foregoing terms and conditions.

5. Liability

5.1 TuneUp is liable without limitation, irrespective of the legal ground:


a) in the case of the breach of a guarantee of quality or product life within the meaning of Sec.
443 German Civil Code;
b) in the case of a fraudulent concealment of a defect;
c) for damages arising from the loss of life or for personal injury due to the breach of a duty by
TuneUp or a statutory representative or agent or servant of TuneUp;
d) for damage caused by wilful misconduct or gross negligence.

5.2 In the event of the breach of a main duty of performance under a contract entered into with you, the
liability is limited to foreseeable damage typical to the specific type of contract if it is not already
covered under the cases specified in the foregoing clause 5.1.

5.3. In the event of a breach of an ancillary duty of contract, liability shall be limited to the foreseeable
damage typical to the specific type of contract, provided it is not already covered under the cases
specified in clause 5.1 a) – c).

5.4. Liability under the Product Liability Act shall remain unaffected.

5.5. Any further liability shall be excluded.

6. Choice of Law

6.1. The law of the Federal Republic of Germany shall apply.

6.2. Mandatory consumer protection regulations of the country in which you have your normal place of
residence shall not be affected by this provision.

6.3. The application of the provisions of the CISG is excluded.

(Version dated 03/01/2009)

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