Licence Agreement and Limited Warranty MANFRED KEUL GMBH IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE ("SOFTWARE PRODUCT") TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND ANY SUPPLEMENTARY LICENSE TERMS INCLUDED HEREWITH (THIS "AGREEMENT"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. By using the SOFTWARE PRODUCT, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to use the SOFTWARE PRODUCT. EVALUATION SOFTWARE LICENSE: You may use the SOFTWARE PRODUCT pursuant to the terms below on a free, 60-day trial basis. If you wish to obtain a full license to use the SOFTWARE PRODUCT, you must register your copy of the SOFTWARE PRODUCT with Manfred Keul GmbH and pay the applicable software license fee (see the accompanying file REGISTER.TXT for details). SOFTWARE PRODUCT LICENSE: 1. GRANT OF LICENSE. After you have paid the applicable software license fee, you are granted a non-exclusive and non-transferable license to use the SOFTWARE PRODUCT as follows: Development. To develop your own programs, one registered copy of the SOFTWARE PRODUCT may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used nonsimultaneously by multiple people, but not both. You may access the registered version of the SOFTWARE PRODUCT through a network, provided that you have obtained individual licenses for the software covering all workstations that will access the software through the network. Runtime. You may redistribute parts or all of the SOFTWARE PRODUCT, together with your personal registration number, which you have received when registering, only for the sole purpose of executing application programs ("PROGRAMS") that you have written and that use functions of the SOFTWARE PRODUCT. You must take appropriate steps to ensure that at any given time at most fifty (50) instances of all your PROGRAMS are allowed to be running simultaneously. For an extended runtime licence, please contact Manfred Keul GmbH. Your PROGRAMS may not be merely a set or subset of any part of the SOFTWARE PRODUCT. Your PROGRAMS may not be generally competitive with or a substitute for the SOFTWARE PRODUCT. You must inform the recipients of your PROGRAMS that the SOFTWARE PRODUCT included therein is copyrighted by Manfred Keul GmbH and that they are allowed to use it only to execute your PROGRAMS, and that they are not allowed to distribute the SOFTWARE PACKAGE or part of it except under the Shareware Distribution conditions listed in the file SHAREWAR.TXT. You will remain solely responsible to anyone receiving your PROGRAMS for support, service, upgrades, or technical or other assistance. Manfred Keul GmbH provides no warranty at all to any person other than the Limited Warranty below to the original purchaser of the SOFTWARE PRODUCT. You will indemnify and hold Manfred Keul GmbH and its suppliers harmless from and against any claims or liabilities arising out of the use or distribution of your programs. 2. OTHER RIGHTS AND LIMITATIONS. Limitations on Usage. You may not use the SOFTWARE PRODUCT for projects or within companies that are concerned primarily with a) the military sector or weapon technology, b) nuclear energy, or c) education for a) or b). If you distribute your PROGRAMS to such companies, your PROGRAMS must not contain or use any parts of the SOFTWARE PRODUCT. Disclosure of Registration Number. Your personal registration number, which you have received when registering, is confidential.You must take adequate steps to protect it from unauthorized disclosure or use. You are not allowed to distribute it in any other way than as stated under "Runtime" above. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Termination. You may terminate this License at any time by destroying all copies of the SOFTWARE PRODUCT including any documentation. Manfred Keul GmbH may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 3. COPYRIGHT. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. All copyrights in and to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Manfred Keul GmbH or its suppliers. LIMITED WARRANTY. Manfred Keul GmbH warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the program description for a period of ninety (90) days from the date of purchase, and that hardware accompanying the SOFTWARE PRODUCT will be free from defects in materials and workmanship for a period of one (1) year from the date of purchase. (Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.) To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT and hardware are limited to ninety (90) days and one (1) year, respectively. CUSTOMER REMEDIES. Your exclusive remedy and Manfred Keul GmbH's entire liability under this limited warranty will be, at Manfred Keul GmbH's option, to repair or replace the Software, or refund the license fee paid therefor. DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS LICENSE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MANFRED KEUL GMBH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF MANFRED KEUL GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. SEVERABILITY. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. Should you have any questions concerning this AGREEMENT, please contact Manfred Keul GmbH: - mail: Manfred Keul GmbH, Landsbergstr. 16, D-50678 Koeln, Germany - fax: +49-221-310 0 317 - e-mail: 100031.12@compuserve.com