LICENSE AGREEMENT AND WARRANTY ============================== 1. Definitions ----------- At this point the meaning of certain terms contained in the following provisions (of this agreement) shall be explained - authors: Werner Fehn, Schuttenhofweg 220, 52080 Aachen Carsten Wimmer, Freunder Landstr. 53a, 52078 Aachen - end user: the person, who uses, distributes, copies or sells the program or applies it in any other way, no matter if it concerns a natural person or a person at law - use: the appropriate employment of CapiTel, beginning at loading the executable program 2. Subject of contract ----------------- 2.1 The end user is allowed to use the programm according to the following regulations. 2.2 The software is owned by the authors and is protected by copyright law. All rights are reserved. The software may only be sold, copied or ditributed in unchanged version and with supplement of this license agreement. Sale, reproduction and distribution have to be free of charge. Sale, reproduction and application is not free, if CapiTel is distributed with other non-free objects, p.e. modems or journals. If this should take place the permission of the authors is necessary. 2.3 The end user is not allowed to decompile or disassemble the program or create derivative works from the software without the permission of the authors. 2.4 The end user is allowed to use the programm for free within a 60-day trial period. A further use outside this period requires registration. A single user license for a natural person grants the right to use one copy of CapiTel on a single computer. A licensed user may use the software on different computers, but must not use it on more than one computer at the same time. Persons at law have to acquire one license for every natural persons who uses CapiTel. 2.5 Registration follows after remittance of 45,00 DM (German Marks) to the account mentioned in ORDER.TXT. Within a following 4-week period the end user will recieve a registration code from the authors. If not, the end user has to contact the authors (at his own expense) to let them know. 2.6 Registration guarantees the right to use the program as well as updates (for which the same conditions are valid). The authors are not obliged to develop the program or to adapt it to changed operating characteristics of computer hardware or systems. 3. Warranty --------- 3.1 The end user is not entitled to developement or changes of CapiTel. 3.2 The authors are only liable within the compass of german law's provisions. 3.3 In case of errors or damage (including without limitation damages for loss of business profits, business interruption, loss of business information and equals) which do not base on missing program components, every kind of claim for damages is impossible. (Exept damages which occured because of the intention or gross negligement of the authors. If this should take place the end user has claim on program replacement or refund of license fee.) 3.4 An end user's claim on improvement or an error-free program does not exist. 3.5 The end user has to warrant on his own that CapiTel will be executable on his hard- and software. The authors give no guarantee that the program will be executable on every kind of hard- and software. 3.6 The authors are not obliged to advise the end user or to support him in use of the program. Nevertheless the authors try to attend to messages concerning incompability or user problems as far as possible. 4. General -------- 4.1 This agreement will be governed by the laws of Germany. Any dispute in relation to this agreement will be determined by the court of Aachen, Germany and every licensed user expressly attorns to the exclusive jurisdiction of the german courts. 4.2 If any provision of this agreement, including the breadth or scope of such provision will be held by any court of competent jurisdiction to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions of this agreement. Such remaining provisions will remain enforceable and binding. Such invalid or unenforceable parts will be replaced by (valid or enforceable) corresponding parts or regulations. 4.3 Provisions different to this license agreement have to be stipulated in writing. This is also possible by using a telefax.