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<TITLE>EULA </TITLE>
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<P>IN THE FOLLOWING YOU ARE GIVEN THE CONTRACT TERMS FOR YOUR USE AND
PURCHASE OF SPRINGWALD SOFTWARE – THE END USER (LICENSEE OR RATHER
CUSTOMER). YOU HAVE TO AGREE TO THESE TERMS BEFORE THE USE OF PRODUCTS. PLEASE
USE THE DOWN-BUTTON OR THE SCROLL-BAR ON THE RIGHT SIDE FOR READING THE WHOLE
TEXT! </P>
<H2>END USER LICENCE AGREEMENT (EULA) </H2>
<H3>1. SUBJECT OF THE CONTRACT</H3>
<P>Subject of the contract are the software program, the instruction manual
and other written or digital material which are located on the data medium
without any different marking (named in the following as "SOFTWARE PRODUCT").
Through the purchase of the product you only get the ownership of the physical
data medium on which the SOFTWARE PRODUCT is recorded if such a data medium has
been given to you. A purchase of rights of the SOFTWARE PRODUCT for itself is
not connected with it. This is also valid for the case if you have purchased
the SOFTWARE PRODUCT without data medium via the Internet (ESD- or rather
Instant-Download-Version) or if you have received the SOFTWARE PRODUCT in
bundle with another product (OEM-Version). The SOFTWARE PRODUCT is protected in
the scope of copyright, trademark and title protection. If on the data medium
furthermore is located software of other manufacturers which is not immediately
integrated in the SOFTWARE PRODUCT (for example Shareware, Freeware and Demos)
it is subject to special terms of licence which are shown you during the
installation of this software.</P>
<H3>2. COMMERCIAL USE </H3>
<P>Special versions of the SOFTWARE PRODUCT (for example Lite- and
Private-Version) exclusively permit the use by private persons and for
non-commercial purpose. For all other use, especially in connection with the
offer, purchase or sale, the extolling or sales promotion of goods or services
and for all events with a commercial purpose or during use by tradesmen has to
be purchased a licence for commercial use of the SOFTWARE PRODUCT (for example
Pro- or Enterprise-Version).</P>
<H3>3. EXTENT OF USE</H3>
<P>SPRINGWALD SOFTWARE guarantees you for the period of this contract the
simple, not exclusive and personal right (in the following also called as
"licence") to use the enclosed copy of the SOFTWARE PRODUCT on each computer.
If you use in your work a Desktop- and a Notebook-Computer and the SOFTWARE
PRODUCTS are used on both tools exclusively in change and not at the same time
both tools are valid in the sense of the licence as a separate computer.</P>
<P>Special versions of the SOFTWARE PRODUCT (for example
Enterprise-Version) guarantee you an extended licence for the use on several
work places on each business location. The number of these work places is
particularly identified in the SOFTWARE PRODUCT. </P>
<P>You are allowed to produce one copy of the data medium on each medium
which is exclusively determined for the purpose of data backup. A further use
and handover to third parties is not admissible. The original data medium and
the backup copy have to be kept on a safe place. It is particularly forbidden
to give, to rent out or to lend SOFTWARE PRODUCTS. You are entitled to handover
permanently your rights for the SOFTWARE PRODUCT from this contract –
under the condition that you do not keep any copies and for the case that you
handover the SOFTWARE PRODUCT with all its components, media and all updates
and the receiver agrees to the terms of this contract. If the SOFTWARE PRODUCT
is an update each handover has to contain all earlier versions of the SOFTWARE
PRODUCT.</P>
<P>If you have purchased several licences of the SOFTWARE PRODUCT you were
handed over a corresponding number of data media or you have received a licence
document which shows the number of the allowed installations. In each case the
additional licences are to be handled just as a normal licence of the SOFTWARE
PRODUCT. Any extended rights of use are not valid.</P>
<P>Concerning SOFTWARE PRODUCTS with components which are particularly
provided for handover to third parties (run time-licences or so called
"redistributables") you find in a special document or in an online-help an
exact description of the extent and the kind of the allowed handovers of these
program components of the SOFTWARE PRODUCT. This description is an additional
part of the contract.</P>
<H3>4. WARRANTY, UNDERTAKING</H3>
<P>The SOFTWARE PRODUCT is delivered according to the state of current
development and before the delivery it undergoes extended tests and quality
assurance measures of SPRINGWALD SOFTWARE. Within 30 days after the date of
purchase SPRINGWALD SOFTWARE free of charge reimburses a) for defect data media
if here is responsible a sales partner b) for the case that the SOFTWARE
PRODUCT is generally not usable in the sense pf the delivered description. If
SPRINGWALD SOFTWARE is not able to produce the warranty both parties have the
right to rescind the contract by reimbursement of the purchase price to the
licensee. Details in brochures, adverts, documentations and similar papers are
only descriptions and do not contain an undertaking of properties. The
undertaking of properties demands for an expressive written agreement. This is
also valid for price quotations or details for the release of supplements and
extensions.</P>
<H3>5. LIABILITY </H3>
<P>The responsibility for choice and the consequences of use of the
SOFTWARE PRODUCT and for the intended or achieved results lies with the
licensee. A liability for damage of any kind (unreservedly included are damage
from missed profit, loss of business information or from other financial loss),
which comes into being because of the use of this product or because of the
incompetence to use this product is particularly excluded. This exclusion is
not valid for any kind of damage which has been caused if done intentionally or
by gross negligence on the pages of SPRINGWALD SOFTWARE. Claims which are
caused by inalienable statutory regulations for product liability are also not
affected.</P>
<H3>6. AMOUNT OF THE LIABILITY</H3>
<P>The amount of the liability is in each case restricted to the amount of
the actually paid purchase price.</P>
<H3>7. DATA PROTECTION </H3>
<P>Reference to § 33 BDSG: The customer data are saved but they are
not handed over to third parties and are not used for any other purpose.</P>
<H3>8. SPECIAL RESTRICTIONS </H3>
<P>The licensee is forbidden</P>
<UL>
<LI>to hand over or to disclose the SOFTWARE PRODUCT and written material
or to third parties (except a so called Test-, Shareware-, or LITE-Version of
the SOFTWARE PRODUCT with a corresponding marking which is allowed to be
transmitted. That also includes the passing on to magazine CD-ROMs or to
Download-Archives on the Internet), </LI>
<LI>to change the SOFTWARE PRODUCT, to translate, to redevelop, to
decompile or to disassemble it or to create works which are modified from the
SOFTWARE PRODUCT (except for the own use in the scope of chances of the
SOFTWARE PRODUCT) and to change or to delete copyright notes or brands and
trademarks, </LI>
<LI>to translate, to change or to duplicate the accompanying material or
to create other works which are derived from the written material and to change
or to delete copyright notes or brands.</LI>
</UL>
<H3>9. PAYMENT</H3>
<P>If the SOFTWARE PRODUCT was purchased directly from SPRINGWALD SOFTWARE
the right of use of the SOFTWARE PRODUCT begins only by the complete payment of
the invoice amount. Invoices are due on at the latest within 30 calendar days
after date of invoice (in case of no other agreements). When the time limit has
expired the customer gets into default in payment and he has to pay an interest
on 7% over the basic interest rate of Deutsche Bundesbank according to § 1
Diskontsatz-Überleitungsgesetz (DÜG).</P>
<H3>10. DEALERS</H3>
<P>We deliver the SOFTWARE PRODUCT to dealers exclusively for the purpose
of resale on behalf of our own and for our own account to the ultimate
customer. In this respect we grant the dealer the right to leave to the
ultimate customer the SOFTWARE PRODUCT in accordance to the extent of use which
is described above. For this a special agreement between SPRINGWALD SOFTWARE
and the dealer is necessary.</P>
<H3>11. RIGHT OF REDEMPTION AND PLACE OF JURISDICTION</H3>
<P>On principle is in force the chance of return of the SOFTWARE PRODUCT
with reimbursement of the purchase price up to 14 days after the order (date as
postmarked or rather invoice). After opening of the sealed data medium or
rather the installation or use at the computer a right to exchange and return
is excluded because there is no chance anymore for the licensee to prove not to
have a copy of the SOFTWARE PRODUCT. The same is also valid for the purchase of
software without data medium (ESD- or rather Instant-Download-Version). The
place of jurisdiction is Bochum. The right of Federal Republic of Germany and of
the European Union is valid.</P>
<H3>12. MISCELLANEOUS</H3>
<P>If one or several terms of this contract or one term in the scope of
other agreements should be or become ineffective the effectiveness of all other
terms or agreements is not affected. Ineffective or missing clauses are to be
replaced by effective clauses which are nearest to the desired purpose with the
help of corresponding statutory regulations.</P>
<P>Bochum, in July 2008</P> </BODY>
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