End User License Agreement

Notice: carefully read the following legal agreement (agreement), for the license of specified software (software) by the IST GmbH Dresden (IST). By installing or using the software, you (either an individual or a single entity) consent to be bound by and become a party to this agreement. If you do not agree to all of the terms of this agreement, do not install or use the software. (If applicable, you may return the product to the place of purchase for a full refund of the purchasing price.)

1. License Grant

Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, IST hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software and the accompanying documentation (the Documentation). You may install one copy of the Software on one computer, workstation or other electronic device for which the Software was designed (each, a workstation). If the Software is licensed as a suite or bundle with more than one specified Software product, this license applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such Software products individually.
 

	a)		Use he Software is licensed as a single product; it may not be used on more than one workstation or by more than one user at a time, except as set forth in this Section 1. The Software is in use on a workstation when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that workstation. This license authorizes you to make one copy of the Software solely for backup or archival purposes, provided that the copy you make contains all of the Software's proprietary notices.
	b)		Server-Mode You may use the Software on a workstation as a server (Server) within a multi-user or networked environment (Server-Mode) only if such use is permitted in the according sales agreement of the Software. A separate license is required for each workstation or 'seat' that may connect to the Server at any time, regardless of whether such licensed workstations or seats are concurrently connected to, accessing or using the Software. Use of software or hardware that reduces the number of workstations or seats directly accessing or utilizing the Software (e.g., multiplexing or pooling software or hardware) does not reduce the number of licenses required. If the number of workstations or seats that can connect to the Software can exceed the number of licenses you have obtained, then you must have a reasonable mechanism in place to ensure that your use of the Software does not exceed the use limits specified for the licenses you have obtained. This license authorizes you to make or download one copy of the Documentation for each workstation or seat that is licensed, provided that each such copy contains all of the Documentation's proprietary notices.
	c)		Volume Licenses If the Software is licensed with volume license terms specified in the according sales agreement of the Software, you may make, use and install as many additional copies of the Software on the number of workstations as the volume license authorizes. You must have a reasonable mechanism in place to ensure that the number of workstations on which the Software has been installed does not exceed the number of licenses you have obtained. This license authorizes you to make or download one copy of the Documentation for each additional copy authorized by the volume license, provided that each such copy contains all of the Documentation's proprietary notices.
	d)		Evaluation This is not free software. You are hereby licensed to use the Software for evaluation purposes without charge for a period of 30 days, whereby a reduced functionality must be accepted. If you use the Software after the 30 day evaluation period a registration fee according to the price list is required. Unregistered use of the Software after the 30-day evaluation period is in violation of U.S. and international copyright laws.

2. Term

This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Software and the Documentation. You may terminate this Agreement at any point by destroying all copies of the Software and the Documentation.

3. Updates

You are entitled to download revisions and upgrades (maintenance releases) to the Software as and when IST publishes it via its web site or through other online services. At our discretion, we may charge an upgrade fee for new releases which contain significant enhancements.

4. Ownership Rights

The Software is protected by German copyright laws and international treaty provisions. IST and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software and Documentation made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation.

5. Restrictions

You may not rent, lease, loan or resell the Software. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement, except to the extent such use is specified in the according sales agreement of the Software. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Section 1 above. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by IST. IST reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this Agreement.

6. Warranty and Disclaimer

7. Limitation of Liability

Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall IST or its suppliers be liable to you or to any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or for any and all other damages or losses. In no event will IST be liable for any damages in excess of the list price IST charges for a license to the software, even if IST shall have been advised of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. Furthermore, some states and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

8. High Risk Activities

The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, 'High Risk Activities'). IST expressly disclaims any express or implied warranty of fitness for High Risk Activities.

9. Miscellaneous

This Agreement is governed by the laws of Germany, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement, togehther with the according purchase agreement, sets forth all rights for the user of the Software and is the entire agreement between the parties. These Agreements supersedes any other communications with respect to the Software and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of IST. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by IST or a duly authorized representative of IST. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.