License Agreement for Virthos Software Products

Please read this software license agreement (“Agreement”) carefully before using the Virthos software. By using the Virthos software, you signify your agreement to the terms of the following License Agreement. If you do not agree to the terms of the License Agreement, you may not use the software.

1 Granting of License
Virthos hereby grants to you a non-exclusive, non-transferable license to use the Virthos software in accordance with the terms of this Agreement. Virthos retains any rights that it does not explicitly grant to you. The licenses granted within the framework of this Agreement are limited to the intellectual property rights of Virthos and its licensors to the Virthos software, and do not include any other patents or intellectual property rights. Only the media containing the Virthos software become your property—Virthos and/or its licensors remain the holders of all property or other rights to the Virthos software. The terms of this License apply equally to any software updates made available by Virthos that replace or supplement the original software product, unless such an update is accompanied by a separate license, in which case the terms of that license will apply.

2 The Demo Version
The Virthos software is supplied without an activation key as a “demo version.” You may use the demo version on any supported computer platform to build information systems and online applications for the purpose of testing, and to publish them temporarily on the Internet or an intranet. Publication is considered temporary only if it does not last longer than 90 days. Interruptions of less than 30 days do not extend the authorized period.

The demo version may contain with it certain restrictions, such as the number of web pages that may be created, the number of users that may be registered, or the number of language versions permitted. Moreover, the demo version may, in some circumstances, display text, banners, or word-and-image advertising for the products of Virthos or others. You may make no attempt to circumvent the restrictions, suppress the advertisements, or make them invisible to users. You may not sell, lend, or lease the demo version or grant sublicenses for the Virthos software.

3 The Registered Version
By paying a license fee, you may convert the demo version to the registered version. This is accomplished technically when you enter a license key that you receive from Virthos Systems after paying a license fee. When you enter the license key, all restrictions of the demo version are removed, and you are given the right to permanently publish information systems and online applications. When paying the license fee, you must specify the network address to be used with the registered version. The license key is valid exclusively for this network address. If you supply an incorrect address, the demo version will not be converted to the registered version. You are not entitled to exchange an invalid license key for a valid one if the cause of invalidity is an erroneous address specification.

If the network address associated with the Virthos software is later changed, the registered version will again be converted to a demo version. You must pay another license fee to use the Virthos software at the new address as the registered version. In this case, as well, you are not entitled to exchange the license key that has become invalid for a valid one. If you should lose the license key, you may request that it be sent to you again on presentation of a proof of purchase. The proof of purchase must include the date of purchase, purchase price, the software version, and the network address. You, as the licensee, bear the costs incurred in sending you the license key again.

You may not sell, lend, or lease the registered version or grant sublicenses of the Virthos software. You are nevertheless permitted to make a one-time permanent transfer of all your license rights to another person, provided that the transfer includes this License Agreement and that the party receiving the Virthos software reads and accepts the conditions of this License Agreement.

4 Restrictions
You agree not to decompile, reverse-engineer or disassemble the Virthos software, or to create modified or derived products from it unless this is permitted within the scope of this License Agreement or by law. You are prohibited from renting, leasing, loaning, distributing, or issuing sublicenses for Virthos software of any type that has been modified or replaced. All components of the Virthos software are distributed as parts of a package, and may not be removed from the package and distributed as stand-alone programs. THE VIRTHOS SOFTWARE MAY NOT BE USED IN, OR IN CONNECTION WITH THE OPERATION OF NUCLEAR POWER GENERATION FACILITIES, AIRCRAFT, COMMUNICATIONS SYSTEMS; OR FOR AIR TRAFFIC CONTROL, WITH LIFE-SUPPORT DEVICES OR OTHER DEVICES. IN THESE SITUATIONS, A DEFICIENCY IN THE VIRTHOS SOFTWARE MAY LEAD TO DEATH, BODILY INJURY OR SERIOUS MATERIAL OR ENVIRONMENTAL DAMAGE.

5 Period of Validity
This License Agreement is in effect until it is terminated. Your rights under the terms of this License Agreement end automatically without prior notice if you violate one or more of the terms of this License Agreement. If this License Agreement is terminated, you are obligated to refrain from using the Virthos software and to destroy any copies of the Virthos software, or portions of it, in your possession.

6 Disclaimer of Warranty
You confirm and declare your express consent that the use of the Virthos software is at your own risk, and that you accept all risks as to its quality, performance, precision or cost of maintenance. The Virthos software is made available “as is,” including any deficiencies, and delivered without any warranty of any sort. Virthos and its licensors hereby disclaim any warranties or stipulations concerning the Virthos software, including express, implied, or legally established warranties, and especially any implied warranties and stipulations regarding market-readiness, appropriateness for a particular purpose, accuracy, undisturbed use, or protection of the rights of third parties. Virthos disclaims any warranty arising from claims that the undisturbed use of the Virthos software has been impaired, that the functionality of the Virthos software will meet your needs, that the operation of the Virthos software will proceed in an unimpeded and error-free manner, or that deficiencies in the Virthos software will be corrected. Any verbal or written information or statements provided by Virthos or an authorized Virthos representative do not create the presumption of a warranty. If the Virthos software should prove defective, you will bear any costs for any necessary servicing, repairs or corrections. Some legal provisions do not recognize the exclusion of implied warranties or restrictions on the available legal rights of a customer; so it is possible that the above-mentioned exclusions and restrictions may not apply to you.


7 Limitation of Liability
To the extent not prohibited by law, Virthos will in no way be liable for personal damages, or any incidentally occurring, specific indirect damages, or consequent damages of any sort, including but not limited to lost earnings, loss of data, business interruption, or other commercial damages or losses originating from the use of the Virthos software or the inability to use the Virthos software, or that are connected therewith, without regard to legal foundation of that claim of liability (such as a contract, unauthorized use, or the like), even when Virthos has been made aware of the possibility of such damages. Some legal provisions do not recognize the limitation of liability for personal damages, concurrent damages or consequent damages; so this limitation may not be applicable to you. In no case will Virthos’ liability for all damages (except for legally mandated liability for personal damages) exceed the sum of fifty Euros (€ 50.00). These limitations will apply even if the above-mentioned legal remedies do not achieve their purpose.

8 Applicable Law and Partial Invalidity
This License Agreement falls under the jurisdiction of the laws of the Federal Republic of Germany, as it applies to contracts concluded in Germany between German nationals. This License Agreement is not subject to the jurisdiction of the United Nations Convention on Contracts for the International Sale of Goods, whose applicability is hereby expressly excluded. The non-applicability of any individual terms of this License Agreement does not affect the validity of the remainder of the Agreement.

9 Completeness
This License Agreement constitutes the entire understanding between the parties concerning the Virthos software licensed by this Agreement, and replaces any previously concluded oral or written agreements. Any modifications and additions to this Agreement must be made in writing. Any translation of this License Agreement is made only for purposes of localization. In the event of any discrepancies between the German version and a non-German version, the terms of the German version will apply.

10 Acknowledgment of the Rights of Third Parties
Parts of the Virthos software use or contain software or other protected intellectual property of third parties. The acknowledgment, licensing terms and provisions for compensation of damages for these materials are contained in the Virthos software documentation, and the use of these materials is subject to the pertinent terms.

In the case of certain libraries and other software programs of third-party providers delivered along with the Virthos software, this may be free software, licensed under the terms of the GNU Library General Public License Version 2 ("GPL") or the GNU Library/Lesser General Public License ("LGPL"). You may obtain a complete machine-readable copy of the source code for this free software under the provisions of the GPL or LGPL upon written request to Virthos without charge, except for a defrayal of the costs of media, shipping, and handling. The GPL/LGPL software is distributed with the expectation that it will be helpful, but WITHOUT ANY WARRANTY, including any warranty for MERCHANTABILITY or APPROPRIATE USE FOR A GIVEN PURPOSE. A copy of the GPL and LGPL Agreements for Public Licenses is delivered along with the Virthos software.

© Virthos Systems GmbH, 28203 Bremen, www.virthos.net