Software License Agreement

==========================
This agreement represents the general software license of MHJ-Software GmbH & Co
. KG of Bretten, Germany, herein referred to as the -company-.
Please read the following License Agreement carefully before installing the soft
ware on your computer. Your use of the software and/or by opening the software p
ackage indicates your acceptance of the terms and conditions of this License Agr
eement. If you do not agree with the terms of this agreement you may not use or
install the software.
1.
Grant of License
========================
This license allows
- the installation and use of a single copy of the software on a single computer
, provided
that the software is only used on one computer at any one time.
The term "use" means that the software is either loaded into the temporary mem
ory (or RAM)
of a computer or that it was saved on a permanent storage device (e.g. hard di
sk, CD-ROM).
If you have purchased multiple licenses for the Software you may only use as m
any copies
at any one time as you have acquired licenses.
If the number of users of the software will exceed the number of licenses you
have acquired
you must make certain that you have established a reasonable procedure to ensu
re that the
number of persons using the software concurrently can not exceed the number of
licenses
that you have purchased.
- you to make a single copy of the software solely for backup or archival purpos
es.
- you to transfer the software and all the rights resulting from this agreement,
provided
that you transfer every copy of the software that is in your possession, inclu
ding all
the printed material that was included with the software and that the recipien
t agrees
to the terms of this Agreement. Any transfer must include the most recent upda
te and
all prior versions.
1.1 Types of License
Single License (standard- or professional version)
-------------------------------------------------The licensee is granted a non-exclusive and transferable license without expiry
date to install the software on several computers,
provided that you ensure that the software is never used by more than one person
at any one time.
Multiple Licenses (site license)
------------------------------The licensee is granted a non-exclusive license without expiry date to install t
he software on up to 50 (fifty) computers, provided that the software is never u
sed by more than 50 persons simultaneously at any one time.
This license is limited to a single site within the organisation of the licensee
.

Multiple Licenses (classroom License Agreement)

----------------------------------------------The licensee is granted a non-exclusive license without expiry date to install t
he software on as many computers as necessary, provided the computers are locate
d within a single room at the premises of the licensee. The license does not lim
it the number of persons using the software simultaneously. The license also gra
nts the right to the lecturer to install the software on other computers located
outside the room, provided that the number of installations is limited to a max
imum of two (2) per lecturer.
This license is limited for the exclusive use by educational institutions. Any u
se for commercial gain is explicitly prohibited!
Multiple Licenses (campus or school License Agreement)
-----------------------------------------------------The terms and conditions of the classroom License Agreement apply. The licensee
is granted the right to install the software in as many classrooms as required.
The license is limited to a single site or campus.
Free License (e.g. Demo-Versions)
--------------------------------The licensee is granted a non-exclusive, non-transferable license to install the
software on a single (1) computer for validation purposes.
The licensor may limit the period of use of the software.
2. Copyright
============
The software is protected by copyright laws. All the rights resulting from the c
opyright are reserved by the company. The software contains copyright protected
material as well as corporate secrets that you agree to be bound by. You may not
reverse engineer, decompile, or disassemble the software or change it to a gene
rally legible form by any means whatsoever, neither may you alter the software o
r portions derived from the software in order to adapt, to translate, to rent, t
o lease, to lend out or to produce products derived from these activities.
The copyright specifically includes the program code, the documentation, the app
earance, the structure and the organization of the program files, the program na
me, logos and other representations and images contained within the software. Du
plication, utilization, distribution, alteration or reproduction of the content
of the software is prohibited unless it has been specifically approved in writin
g by the company.
3. The Term of the License
==========================
The term of the license is granted in perpetuity. The term of the license is can
celled automatically without notification if you should contravene any of the pr
ovisions of this agreement. In case of the termination you are obliged to destro
y the software as well as all the copies you have created. You can terminate the
License Agreement at any time by destroying the software as well as all the cop
ies of the software.
4. Warranties and Liabilities
=============================
The company guarantees for a period limited to twelve months from the date of ha
nd over that the operation of the software is essentially in accordance with the
program description contained in the documentation accompanying the software.
The period of warranty amounts to two years if the licensee is a consumer in the
sense of the German Civil Code.
If a deficiency becomes apparent then the problem and its manifestation must be
described in writing and with sufficient detail (e.g. inclusion of error message
s) so as to permit the company to simulate the deficiency and to exclude the pos
sibility of an operating error (e.g. by a detailed description of the operating

procedure).
If the deficiencies can be justified the licensee grants the company an appropri
ate period of time to correct the problem and ensure compliance with the require
ments.
The licensee informs the licensor which type of corrective action is required i.e. improvement of the delivered software or exchange for a new software packag
e that is free from deficiencies. However, the licensor has the right to refuse
the selected type of corrective action if this should involve disproportionate e
xpenses for the licensor and if the alternative type of corrective action entail
s disadvantages that may be deemed to be acceptable for the licensee. Furthermor
e, the licensor can refuse compliance with the requirements altogether if this w
ould involve disproportionate expenses for the licensor.
The licensor is entitled to two attempts within the period set by the licensee t
o remedy the actual deficiency or any deficiency resulting directly from the ori
ginal deficiency. If the second attempt of the licensor to remedy the deficiency
should fail, then the licensee has the right to withdraw from the License Agree
ment or to reduce the license fee. The licensee can exercise his right to withdr
awal as well as his right to a reduction of the license fee after the first atte
mpt to remedy the deficiency has been unsuccessful, provided that it is apparent
that a second attempt has no reasonable chance of succeeding within the period
set by the licensee. If the licensor has refused to remedy the deficiency within
the terms detailed above, then the licensee is entitled to exercise his right t
o a reduction as well as the right of withdrawal immediately.
The licensee can not withdraw from the agreement on the basis of an insignifican
t deficiency.
If the warranty claim lodged by the licensee with the company concerns a non-exi
stent deficiency, or if the deficiency on which the claim is based is not covere
d by the warranty, then the licensee will be held liable for all expenditures ca
used to the company, whether this was caused by gross negligence or intentionall
y.
The warranty specifically excludes any declaration of the suitability of the sof
tware for the purposes of the licensee as well as the compatibility with any oth
er software that may have been installed on the computers of the licensee.
Manuals and documentation above and beyond the written material / program descri
ptions supplied with the software and the user-guides and / or on-line help text
implemented in the software or any other introduction can only be claimed if th
ese materials were specifically included in the written agreement between the pa
rties to this agreement. If such an agreement exists, then the requirements with
respect to content, language and scope of the manual and / or documentation are
deemed not to have been specified in detail, and the delivery of a quick refere
nce is sufficient, unless the parties have agreed to a different set of specific
ations in writing.
The delivery of an English language user manual is permissible if the object of
the agreement has not yet been completely localized for the respective market. T
he same statement applies if the object of the agreement is generally only avail
able in an English-language version.
Over and above the terms of this warranty the company is only liable for a perio
d of one calendar year from the date of delivery of the software for cases invol
ving gross negligence in accordance with statutory provisions. In cases of minor
negligence the company is only liable if an essential contractual obligation (c
ardinal-duty) was contravened or in a case of default or the impossibility of pe
rformance. In the case that the liability arises from minor negligence then the
liability is restricted to predictable or typical damages. Any liability for a l
ack of the guaranteed quality, bad faith, personal damages, deficiencies in titl
e, in accordance with the law on product liability and the Federal Act on Data P
rivacy remains effective.
In case of a demand on the company based on warranty conditions or liabilities a
contributory liability of the licensee must be taken into account, especially i
n cases where error messages or backup procedures are inadequate. A situation of
an inadequate backup exists specifically when the licensee has omitted to provi

de adequate and appropriate state-of-the-art protection against external influen

ces, especially against computer viruses and other phenomena that could endanger
individual data items or the entire repository of data.
5. EXTREMELY RISKY ACTIVITIES
=============================
The software is not fault-tolerant and it has not been designed, produced or int
ended for use or for sale as an on-line control-instrument in dangerous environm
ents that necessitate fail-safe operation, like nuclear facilities, aeronautical
navigation or aeronautical communication systems, air traffic control, medical
appliances or weapons systems, where any failure of the software could result in
the death or injuries to persons, severe material damages or environmental dama
ges ("extremely risky activities").
The licensor and their suppliers do not provide any express or implied guarantee
s whatsoever as to the suitability of the software for extremely risky activitie
s.
6. Other Provisions
===================
This License Agreement is governed by the laws of the Federal Republic of German
y.
In the event that any provision of this License Agreement shall be held to be wh
olly or partially invalid, illegal or unenforceable, the validity, legality or e
nforceability of the remaining provisions shall not in any way be affected or im
paired. The invalid provision will promptly be replaced by a substitute provisio
n that matches the purpose and intention of the invalid provision as closely as
possible. This License Agreement may not be changed, altered, amended or modifie
d in any manner other than in writing. The same applies to the annulment of the
clause demanding the written form.
It's not allowed to rent or lease this software.