End User’s Licensing Contract (EULC) for “FILELOCK (FL)” Software from GRAU DATA

PLEASE NOTE

This licensing contract from GRAU DATA AG regulates the use of the abovementioned software. If you use this software, you declare that you accept the stipulations specified in this licensing contract. If you have not signed any other contract with GRAU DATA AG, the following licensing stipulations apply to your right to use this software.

GRANTING OF LICENSE

The GRAU DATA AG grants you a nonexclusive and nontransferable license to the right to use the software. You are not permitted to alter the software or the license, nor are you permitted to switch off its control functions. If you use one license for several users, only the maximal number of authorized users is permitted to use the software simultaneously. The licensee accepts the responsibility to implement the program as intended, including its installation, the program’s application and the program’s results. All rights which are not specially granted by this license are expressly reserved by the GRAU DATA AG.

PROPRIETARY RIGHT

You agree that this software remains the property of the GRAU DATA AG and that you own only a license for the usage of this software. The GRAU DATA AG keeps the proprietary right to everything that belongs to this software, including software copies and related materials.

COPIES AND ADAPTATIONS

Under the precondition that it is used only for purposes of replacement or archiving, and under the further precondition that you remain in possession of the backup copy, you may make and keep a backup copy of the software. In this case, you must transfer to the copy’s label all information on the original label, including the name of the software, the serial number and all copyright notices. You are not permitted to copy this software into a public network, to loan or to rent it, to transfer the license to a third party, to use it in timesharing, or to sell either the software or the handbook.

RESTRICTIONS

Every alteration, reverse engineering, decompiling or disassembly of the software is expressly prohibited without written permission from the GRAU DATA AG. You are not permitted to decode the software unless such decoding is part of the software’s functionality. In some countries, a limited disassembly or decompiling is permissible without authorization. If you would like more information about this topic, please contact the legal department of the GRAU DATA AG.

TRANSFER OF OWNERSHIP        

The software and/or the licensing contract may not be given to third parties, nor may its ownership be transferred, without prior written permission from the GRAU DATA AG. If such permission is granted and you convey or transfer ownership of the software and/or the licensing contract to a third party, then you must simultaneously also give to that third party every copy of the software, as well as its accompanying papers; furthermore, the recipient of same must accept the conditions of the licensing contract.

TERMINATION

This licensing contract automatically ends if the abovementioned stipulations are violated. If, for any reason whatsoever, your right to use the software is terminated, then you must erase all copies of this software and you must erase and destroy any and all documentations that had been put at your disposal.

EXPORT RESTRICTIONS

You agree that you will neither export nor re-import the software or accompanying documentation or any related service program in violation of applicable legislation or regulations. Failure to abide by this agreement automatically terminates your licensing right and can make you liable for legal damages which may be suffered by the GRAU DATA AG.

LIMITED WARRANTY AND LIMITATIONS TO THE RIGHT OF APPEAL

The software is put “as it is” at the licensee’s disposal, without any guarantee – neither an expressly stated nor an implicitly contained guarantee – and especially without guaranteeing the software’s general serviceability or suitability for a particular purpose. Without narrowing the scope of the foregoing, the licensor also does not guarantee that the software corresponds to your requirements or that it will be compatible with other software or hardware. In no case will the GRAU DATA AG be liable for lost revenue, interruption of business, loss of data or loss of other business-related information, or other financial losses; and the GRAU DATA AG will especially not be liable to compensate for auxiliary costs, subsequent costs or other damages. The software was developed exclusively at private expense. The software and the documentation are defined and licensed as “commercial computer software.”

GRAU DATA AG

Marie-Curie-Strasse 19
D-73529 Schwäbisch Gmünd
Tel.: +49-7171-187-0