PARALOG END USER LICENSE AGREEMENT ("EULA") NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT, FOR THE LICENSE OF SPECIFIED SOFTWARE ("Software"). BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE. 1. License Grant. Subject to the payment of the applicable registration fee, the receipt of your personalized license ('Registration Key') and subject to the terms and conditions of this agreement, you are hereby granted a personal, non-exclusive, non-transferable right to use one copy of the specified version of the Software and the accompanying documentation. You may install one copy of the Software on one computer, workstation, personal digital assistant, pager, smart phone or other electronic device for which the Software was designed (each, a "Client Device"). If the Software is licensed as a suite or bundle with more than one specified Software product, this license applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable price list or product description that apply to any of such Software products individually. a. Use. The Software is licensed for a single user for non-commercial use; it may not be used on more than one Client Device and only by the user it has been registered to ('Named User') for non-commercial purposes, except as set forth in this Section 1. The Software is "in use" on a Client Device when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device. This license authorizes you to make one copy of the Software solely for backup or archival purposes, provided that the copy you make contains all of the Software's proprietary notices. b. Server-Mode. You may use the Software on a Client Device as a server ("Server") within a multi-user or networked environment ("Server-Mode") only if such use is permitted in the applicable price list or product description for the Software. A separate license is required for each Client Device or "seat" that may connect to the Server at any time, regardless of whether such licensed Client Devices or seats are concurrently connected to, accessing or using the Software. Use of software or hardware that reduces the number of Client Devices or seats directly accessing or utilizing the Software (e.g., "multiplexing" or "pooling" software or hardware) does not reduce the number of licenses required (i.e., the required number of licenses would equal the number of distinct inputs to the multiplexing or pooling software or hardware "front end"). If the number of Client Devices or seats that can connect to the Software can exceed the number of licenses you have obtained, then you must have a reasonable mechanism in place to ensure that your use of the Software does not exceed the use limits specified for the licenses you have obtained. This license authorizes you to make or download one copy of the Documentation for each Client Device or seat that is licensed, provided that each such copy contains all of the Documentation's proprietary notices. c. Volume Licenses. If the Software is licensed with volume license terms specified in the applicable price list or product description for the Software, you may make, use and install as many additional copies of the Software on the number of Client Devices as the volume license authorizes. You must have a reasonable mechanism in place to ensure that the number of Client Devices on which the Software has been installed does not exceed the number of licenses you have obtained. This license authorizes you to make or download one copy of the Documentation for each additional copy authorized by the volume license, provided that each such copy contains all of the Documentation's proprietary notices. 2. Term. This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Software, the Documentation and License Keyss. 3. Updates. You are entitled to download updates to the Software when and as they are published as specified in the applicable price list or product description for the Software. Other than this, you have no further rights to receive any updates without purchase of a new license to the Software. The software might query for updates possibly transferring version and licensing information. 4. Ownership Rights. The Software is protected by international copyright laws and treaty provisions. We own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software and Documentation made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation. 5. Restrictions. You may not sell, lease, license, rent, loan or otherwise transfer, with or without consideration, the Software. You agree not to permit any third party to use the Licensed Program in any form and shall use all reasonable efforts to ensure that no improper or unauthorized use of the Licensed Program is made. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement, except to the extent such use is specified in the applicable price list, purchase order, or product description for the Software. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Section 1 above. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by the licensee. 6. Warranty and Disclaimer. THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS. WE MAKE NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. 7. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL OR PURELY FINANCIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE CHARGED FOR A LICENSE TO THE SOFTWARE, EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. 8. High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation, communication or control systems, air traffic control, skydiving activities, weapons systems, direct life-support machines or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). We expressly disclaim any express or implied warranty of fitness for High Risk Activities. 9. Privacy. We do not sell, trade, or rent your personal information to others. We may provide aggregate statistics about our customers, sales, traffic patterns, and related information to reputable third-parties, but these statistics will include no personally identifying information. We may release account information to (a) comply with law, (b) enforce or apply the terms of any of our user agreements or (c) protect the rights, property or safety of us, our users, or others. The software may submit usage, versioning and licensing information to our servers. 10. Miscellaneous. This Agreement may not be modified except by a written addendum issued by us or a duly authorized representative. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by us or a duly authorized representative. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only. This Agreement is governed by the laws of Germany. Exclusive jurisdiction and place of performance is Hamburg, Germany, as long as permitted by applicable law. The United Nations Convention for the International Sale of Goods shall not apply. This Agreement is the entire agreement between the parties involved and supersedes any other communications or advertising with respect to the Software Product; this Agreement may be modified only by written agreement signed by authorized representatives of both parties involved. All rights not expressly granted in this agreement are retained by Klaus Rheinwald. 11. CUSTOMER CONTACT. If you have any questions concerning these terms and conditions, or if you would like to contact us for any other reason, please write to: info@paralog.net.