LUCATEC SOFTWARE LICENSE AGREEMENT

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. LUCATEC GMBH IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND LUCATEC. BY USING THE LICENSE KEY OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT IN CASE YOU ARE A CUSTOMER/VERBRAUCHER AS STATED IN SECTION 13 OF THE GERMAN CIVIL CODE LUCATEC CUSTOMER SERVICE FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE LICENSE KEY OR THE SOFTWARE AT ANY TIME DURING THE FORTEEN (14) DAY PERIOD FOLLOWING THE DATE OF PURCHASE/DELIVERY.

1. License:

The Software is the property of Lucatec, or its licensors, and is protected by copyright law. While Lucatec continues to own the Software, You will have certain rights to use the Software after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that Lucatec may furnish to You. Except as may be modified by a Lucatec license certificate, license coupon, or license key (each a "License Module") that accompanies, precedes, or follows this license, Your rights and obligations with respect to the use of this Software are as follows.

You may:

  1. use the software on as many computers as permitted by the license key.
  2. use the Software on a network, by concurrent users as entitled by the license key;
  3. after written notice to Lucatec, transfer the Software on a permanent basis to another person or entity, provided that You retain no copies of the Software and no license key and the transferee agrees to the terms of this license; and
  4. use the Software in accordance with any additional permitted use set forth below.

You may not:

  1. sublicense, rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
  2. use the Software at any time by more concurrent users, as the license key entitles to;
  3. use a previous version or copy of the Software after You have received and installed a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
  4. use a later version of the Software than is provided herewith unless You have purchased upgrade version or have otherwise separately acquired the right to use such later version;
  5. use the Software in any manner not authorized by this license; nor
  6. use the Software in any manner that contradicts any additional restrictions set forth below.

2. Product Installation and Required Activation:

There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Lucatec may use these measures to protect Lucatec against software piracy. This Software may contain enforcement technology that limits the ability to use the Software on a number of computers not exceeding the number of licenses granted by the license key. This License and the Software containing enforcement technology require activation by entering a certain key. The Software will only operate for a definite number of concurrent user at a time not exceeding the number of licenses granted by the license key to You. During use of the Software, You will provide Your unique product key in the form of an alphanumeric code to verify the entitlement to use the Software.

3. Limited Warranty:

Lucatec warrants that the Software distributed will be free from defects for a period of 24 month from the date of the purchase of the Software by You. Your sole remedy in the event of a breach of this warranty will be that Lucatec will, at its option, replace any defective Software within the warranty period or refund the money You paid for the Software. Lucatec does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM COUNTRY TO COUNTRY.

4. General:

This Agreement will be governed exclusively by the laws of the Federal Republic of Germany. This Agreement and any related License Module is the entire agreement between You and Lucatec relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. This Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination.