End-User License Agreement for Inextenso SaRL Software ------------------------------------------------------ IMPORTANT- BEFORE INSTALLING AND USING THE ENCLOSED SOFTWARE, PLEASE READ CAREFULLY THIS LEGAL NOTICE. This End User License Agreement (Agreement) is a legal agreement between you (either an individual or a single entity) and Inextenso SaRL, a Swiss company that manufactures the software here enclosed (Software or Software Product). The Software Product includes computer software, associated media, any printed material, and any online or electronic documentation that exists at the time you purchase the present Software Product license or that may be made available in the future by Inextenso SaRL. By installing, copying or otherwise using the Software Product you (Licensee) agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms, and conditions of this Agreement, Inextenso SaRL is unwilling to license the Software Product to you. In such event, you may not install, copy or otherwise use the Software Product, and you should promptly contact Inextenso SaRL for instructions on return of unused product(s) for full refund. Software Product License The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property law and treaties. The Software Product is licensed not sold. By this Agreement Inextenso SaRL grants to the Licensee a nonexclusive and nontransferable license to install and use one copy of the version of the Software Product on any one hardware product in accordance with this Agreement (License). "Use" means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software's programming features. If the Software is authorized for "concurrent use", only that number of users allowed under your network license controls (identified in your documentation) may use the software concurrently. See the license key file associated with the software. Consult the documentation to locate your license key file. The Software and any copy of it are owned and copyrighted by Inextenso SaRL. Your License confers no title or ownership on the Software and should not be construed as a sale of any right on the software. The Software is distributed along with components from Digital Creations. These components are licensed under the ZPL (Zope Public License) and are not concerned by this license agreement. Read the documentation of the software to find your copy of the Zope Public License. Further informations about these components and the ZPL may be obtained by Digital Creations on www.zope.org. Concurrent Use - License Keys Inextenso SaRL will provide you with a Software Product's user authorization file (a "License Key") to enable the Software to be accessed concurrently by up to the number of authorized sessions (Sessions) as defined in your Agreement. Each such License Key may be applied one time to each Software licensed by you and may not be re-used, transferred or assigned. License Keys cannot be used in any manner which would either permit concurrent access to Inextenso SaRL Software by more than the number of Sessions for which the License has been purchased, or allow Inextenso SaRL Software to run on more than one server or computer for which the License has been purchased. You may be required to delete certain License Keys upon receipt of upgraded or replacement License Keys. Copies The enclosed Software Product and accompanying materials ("Software") are a copyrighted property of Inextenso SaRL, and can be used only under the terms of this Agreement. The Licensee may use only one copy of the Software on one single server or computer. You may not reproduce or distribute any part of the Software in any form, except that you may make one copy of program files for backup purposes. You must have separate licenses for each server or computer. Transfer The Licensee has no right to sublicense, resell, lease, rent or loan the Software without an express written permission of Inextenso SaRL. The Licensee shall not transfer the License to another party. No disassembly or decryption The Licensee shall not permit anyone to create derivative works, translate, decompile, disassemble, decrypt, reverse-engineer, or copy the look-and-feel of the Software. The Licensee shall not alter any notices of Inextenso SaRL proprietary rights. Termination The Licensee may terminate this Agreement by returning the Software and destroying all your copies. Inextenso SaRL may terminate this Agreement upon failure to comply with any of its terms and conditions. You agree to and therefore shall return the Software Product to Inextenso SaRL and destroy all your copies of the Software immediately upon termination, and to affirm to Inextenso SaRL in writing that you have done so. Export requirements The Licensee may may not export or re-export the software or any copy or adaptation in violation of any applicable laws or regulations. The software shall particularly not be exported to any of the following countries: Cuba, Iran, Iraq, Libya, North Korea or Syria. Limited Warranty The Software and accompanying materials are supplied "AS IS", WITHOUT ANY WARRANTIES, express or implied. Inextenso SaRL disclaims any warranties of performance, compatibility, fitness for a particular purpose, merchantability or non-infringement. Under no circumstances shall Inextenso SaRL be held liable for any damages whatsoever, whether incidental or consequential, including without limitation, damages for loss of business, business interruption, loss of business information or indirect damage. Total liability under any provision of this Agreement is in any case limited to the amount actually paid by you for the Software Product. Software storage media, if any are supplied, are warranted against manufacturing defects for 90 days from the date of purchase. Inextenso SaRL will, at our option, repair or replace the defective media. Applicable law and forum selection This legal Agreement supersede all prior agreements regarding the subject matter and shall be governed by and construed in accordance with the laws of Switzerland. All disputes, claims, controversies, and disagreements relating to or arising out of this Agreement, or the subject matter of this Agreement, shall be subject to the exclusive jurisdiction of the courts of Geneva (Switzerland), and no others. Nevertheless, Inextenso SaRL may seek injunctive relief or any other similar protective, provisional or conservatory measure in any court of competent jurisdiction against any violation of this Agreement. Copyright (C) Inextenso, SaRL. March 2001