END USER LICENSE AGREEMENT - YOXOS ENTERPRISE TOOLS

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. REGARDLESS OF HOW YOU ACQUIRE THE SOFTWARE (ELECTRONICALLY, PRE-LOADED, ON MEDIA OR OTHERWISE), DOWNLOADING, INSTALLING OR USING THE SOFTWARE SHALL INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

1.0 DEFINITIONS

1.1) "LICENSOR" MEANS INNOOPRACT INFORMATIONSSYSTEME GMBH 1.2) "USER" MEANS USER WHO OBTAINED THE SOFTWARE 1.3) "LICENSE" SHALL MEAN THE RELEASE VERSION AS DESIGNATED ON THE DISTRIBUTED MEDIA.

2.0 LICENSE

THE LICENSE, INCLUDING ALL CONTENT, IS PROTECTED BY COPYRIGHT UNDER GERMAN LAWS AND INTERNATIONAL TREATIES. UNAUTHORIZED USE OF THE LICENSE MAY VIOLATE COPYRIGHT, TRADEMARK AND OTHER LAWS. LICENSOR GRANTS USER THE NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT AND LICENSE TO PERMIT ONE END USER THE USE OF THE LICENSE ON COMPUTER WORKSTATIONS LOCATED AT HIS/HER NORMAL PLACES OF BUSINESS; SUBJECT TO THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT. UNDER THIS LICENSE USER MAY NOT A) USE, REPUBLISH, UPLOAD, POST OR TRANSMIT IN ANY WAY THE LICENSE OR ANY CONTENT EXCEPT AS EXPRESSLY AUTHORIZED PURSUANT TO THIS SOFTWARE LICENSE AGREEMENT. B) COPY, REPRODUCE, MODIFY OR CREATE DERIVATIVE WORKS FROM THE CONTENT EXCEPT AS EXPRESSLY AUTHORIZED PURSUANT TO THIS SOFTWARE LICENSE AGREEMENT. C) ATTEMPT TO DECOMPILE, DISASSEMBLE OR REVERSE ENGINEER ANY SOFTWARE CONTAINED WITHIN THE LICENSE. D) REMOVE ANY COPYRIGHT OR OTHER PROPRIETARY NOTATIONS FROM THE CONTENT. E) DISTRIBUTE, TRANSFER, SALE, LEASE, SUBLICENSE, ASSIGN OR OTHERWISE MAKE AVAILABLE, DIRECTLY OR INDIRECTLY, THE LICENSE OR ANY CONTENT, IN PART OR IN WHOLE, INCLUDING ANY SEARCH OUTPUT OR RESULTS, TO ANY OTHER PERSON. F) EXCEPT AS MAY BE SPECIFICALLY PROVIDED IN THIS SOFTWARE LICENSE AGREEMENT, PERMIT THE SOFTWARE TO BE ACCESSED THROUGH AN ELECTRONIC NETWORK BEYOND USER'S NORMAL PLACES OF BUSINESS. G) TRANSFER THE CONTENT TO ANOTHER PERSON OR 'MIRROR' THE CONTENT ON EXTERNAL SERVERS.

3.0 NO WARRANTY

THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH USER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING AND DISTRIBUTING THE PROGRAM AND ASSUMES ALL RISKS ASSOCIATED WITH ITS EXERCISE OF RIGHTS UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.

4.0 NO LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER USER NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.0 CONFIDENTIALITY & INDEMNITY

THE SOFTWARE CONTAINS TRADE SECRETS AND PROPRIETARY KNOW-HOW THAT BELONG TO THE LICENSOR AND IT IS BEING MADE AVAILABLE TO YOU IN STRICT CONFIDENCE. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT MAY BE ACTIONABLE AS A VIOLATION OF LICENSOR TRADE SECRET RIGHTS. USER WILL INDEMNIFY LICENSOR AND HOLD THEM HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS WHICH A THIRD PARTY MAY ASSERT AGAINST LICENSOR BY REASON OF OR AS A CONSEQUENCE OF USERS USE OF THE LICENSE.

6.0 GENERAL PROVISIONS

THIS SOFTWARE LICENSE AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PRIOR AGREEMENTS AND UNDERSTANDINGS, ORAL AND WRITTEN, EXPRESS OR IMPLIED, BY AND BETWEEN ANY OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. NO AMENDMENT OR MODIFICATION OF THIS SOFTWARE LICENSE AGREEMENT SHALL BE BINDING UNLESS IN WRITING AND SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF BOTH PARTIES. THIS SOFTWARE LICENSE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF GERMANY AND THE EU. ANY ACTIONS AT LAW OR IN EQUITY ARISING OUT OF OR IN RELATION TO THIS ENTERPRISE LICENSE AGREEMENT MAY BE FILED ONLY IN A GERMAN DISTRICT COURT OF KARLSRUHE. IF ANY ONE OR MORE OF THE PROVISIONS CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT SHOULD BE INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT IN ANY JURISDICTION, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF SUCH PROVISION OR PROVISIONS SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED AS A RESULT OF SUCH EVENT IN ANY OTHER JURISDICTION AND THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS CONTAINED IN THIS AGREEMENT SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED AS A RESULT OF SUCH EVENT, UNLESS IN EITHER CASE AS A RESULT OF SUCH DETERMINATION THIS AGREEMENT WOULD FAIL IN ITS ESSENTIAL PURPOSE. SOFTWARE MAY CONTAIN SOURCE CODE THAT, UNLESS EXPRESSLY LICENSED FOR OTHER PURPOSES, IS PROVIDED SOLELY FOR REFERENCE PURPOSES PURSUANT TO THE TERMS OF THIS AGREEMENT. SOURCE CODE MAY NOT BE REDISTRIBUTED UNLESS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

7.0 THIRD PARTY CODE

ADDITIONAL COPYRIGHT NOTICES AND LICENSE TERMS APPLICABLE TO PORTIONS OF THE SOFTWARE ARE SET FORTH IN THE LICENSE AGREEMENTS OF THE THIRD PARTY SUPPLIER. THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY PROVISIONS IN PARAGRAPHS 3 AND 4 OF THE LICENSE AGREEMENT SHALL APPLY TO ALL SOFTWARE IN THIS DISTRIBUTION.

8.0 COPYRIGHT AND TRADEMARK NOTICES

COPYRIGHT (c) 2004-2010 INNOOPRACT INFORMATIONSSYSTEME GMBH. ALL RIGHTS RESERVED.