This extension is licensed by exorbyte GmbH. END USER LICENSE AGREEMENT PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING, COPYING OR USING THE SOFTWARE. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EXORBYTE GMBH, A GERMAN COMPANY, FOR THE SOFTWARE PRODUCT IDENTIFIED BELOW. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE. 1. License Terms exorbyte GmbH, Germany AS ("exorbyte") grants to the Customer a non-exclusive, non-transferable and non-sublicensable license ("License") to use the Licensed Software according to the terms and conditions set out herein. Customer may copy the Licensed Software for back-up or archival purposes, provided that any copy contains all of the original Licensed Software's proprietary notices. Customer may not: (i) permit other entities or individuals to use the Licensed Software except under the terms listed herein, (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction and provided that Customer has first requested from exorbyte the tools necessary to create interoperable programs), or create derivative works based on the Licensed Software, (iii) copy the Licensed Software (except as specified herein), (iv) export, directly or indirectly, the Licensed Software to any person or entity outside the United States in violation of applicable U.S. export laws, (v) sell, rent, lease, or otherwise transfer rights to the Licensed Software, (vi) use the Licensed Software to provide services to third parties or (vii) remove any proprietary notices or labels on the Licensed Software. 2. Component Software The Licensed Software incorporates certain component software licensed to exorbyte by third parties ("Component Software"). Customer may not: (i) separate, remove or replace the Licensed Software's Component Software in any way; (ii) use the Licensed Software's Component Software independently from the Licensed Software; or (iii) use the Licensed Software without the Component Software. Certain software supplied by exorbyte hereunder is Open Source Materials. exorbyte makes no claim of ownership of Open Source Materials, and such Open Source Materials are supplied solely in accordance with the license agreements accompanying such software. Notwithstanding the foregoing, the limitations of liability contained herein will apply to the use of such Open Source Materials. 3. LIMITED WARRANTY exorbyte is the owner or licensee of all intellectual property rights in and to the Licensed Software and, to the best of its knowledge, there is no pending or threatened litigation relating thereto, or against exorbyte which could materially impact upon its ability to perform its obligations under this License Agreement. exorbyte has full power and right to license the Licensed Software and perform all other terms of this License Agreement, and the use of Licensed Software, or the exercise of the licenses granted hereunder, will not violate or interfere with the intellectual property or contractual rights of any third party, including without limitation, those rights arising under copyright, trademark, trade secret or patent law, provided, however that exorbyte shall not be liable for breach of representation and warranty if a violation or interference occurs by reason of content supplied by Customer, content owners, end users or other third parties. exorbyte agrees, at its own expense, to defend or, at its option, to settle, any claim or action brought against the Customer or Customer's Affiliates to the extent it is based on a claim that the Licensed Software infringes or violates any copyright, trademark, patent or trade secret of a third party. exorbyte agrees to indemnify and hold harmless the Customer from and against any and all claims, losses, costs, liabilities, and expenses (including reasonable attorney's fees), arising as a result of or in connection with exorbyte's breach of any of the representations and warranties in the previous two paragraphs of this Section provided: (i) the Customer promptly gives written notice of any claim to exorbyte; (ii) at exorbyte's expense, the Customer provides any assistance which exorbyte may reasonably request for the defense of the claim; and (iii) exorbyte has the right to control of the defense or settlement of the claim. exorbyte shall have no obligation or other liability with regard to any error or non compliance with the warranties set forth above that is caused, in whole or in part by; (a) unauthorized modifications or alterations to the Licensed Software made by the Customer; (b) use of the Licensed Software by the Customer other than as contemplated herein; (c) hardware, software or other products not provided by exorbyte; (d) the negligence or willful misconduct of Customer; (e) the Customer's implementation and installation of the Licensed Software other than in accordance with instructions furnished by exorbyte; or (f) electrical malfunction. exorbyte shall have no liability to the Customer under this license agreement, or otherwise, by reason of content supplied by the Customer, content owners, end users or other third parties. 4. DISCLAIMER OF WARRANTIES THE LICENSED SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXCEPT AS STATED IN SECTION 10. THE ENTIRE RISK AS TO THE RESULT AND PERFORMANCE OF THE LICENSED SOFTWARE IS ASSUMED BY CUSTOMER. EXCEPT AS STATED IN SECTION 10, exorbyte AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE LICENSED SOFTWARE OR THE USE OR OPERATION THEREOF AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The capacity, technical requirements and use of any hardware taken into use by the Customer for the installation and use of the Licensed Software shall be for the sole cost, risk and responsibility of the Customer. 5. Limitation of liability Neither exorbyte nor its licensors and suppliers shall be liable to Customer or any third party for any special, indirect, incidental, or consequential damages, including, but not limited to, any loss of revenues, lost profits, loss of or inaccuracy of data, or lost or interrupted business, however caused and whether based in tort (including negligence), contract, or any other theory of liability, even if exorbyte or its licensors and suppliers have been advised of the possibility of such damages. Subject to the limitations and exclusions of the preceding paragraph, the total liability of exorbyte to the Customer under or in connection with this License Agreement for any loss and damage shall not exceed an amount equal to the total accumulated payment received by exorbyte during the term of the License Agreement. This limitation of liability shall apply to the maximum extent permitted by law. 6. Customer's representations and warranties Customer represents and warrants that it has the right to enter into this License Agreement, that Customer is a corporation duly organized and existing (and in good standing) under the laws of the country of its incorporation and has the power and authority (corporate or otherwise) to execute and deliver this License Agreement. Customer agrees to indemnify and hold harmless exorbyte from any and all claims, losses, costs, liabilities, and expenses (including reasonable attorney's fees), arising as a result of or in connection with Customer's breach of any of the representations and warranties set forth in this License Agreement. 7. Actions No action, regardless of form, arising out of the transactions under this License Agreement may be brought by a party more than one year after the occurrence of the event which gave rise to the cause of action. 8. Title Title, ownership rights, and any and all intellectual property rights in and to the Licensed Software shall remain in exorbyte and/or its licensors and suppliers. The Licensed Software is protected by copyright laws and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Licensed Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License Agreement gives Customer no rights to such content. Except as expressly provided herein, all right, title and interest in and to the Licensed Software remains with exorbyte and its licensors and suppliers. Should You have any questions concerning this Agreement, please contact exorbyte in writing: exorbyte GmbH Turmstraße 5 D-78467 Konstanz