End User License Agreement For SOFTWARE PRODUCTS marked Derdack GmbH the following license agreement applies to you: This is a legal agreement between you, the end user, and Derdack GmbH, Germany (called "Derdack" hereafter"). By installing this SOFTWARE PRODUCT onto your PC or server, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly stop the installation process by clicking the "Cancel" button and return the product package or license file to the place you obtained it for refund. 1 GRANT OF LICENSE Derdack grants you the right to use one copy of the enclosed SOFTWARE PRODUCT - the SOFTWARE - on a single computer. The SOFTWARE is in use on a computer when it is loaded into memory or installed into permanent memory of that computer. However, installation on a network server for the sole purpose of distribution to one or more computer(s) shall not constitute "use" for which a separate license is required. It is expressly understood by Derdack and the end user that other than stated here in this Agreement no further rights and/or ownership in the SOFTWARE PRODUCT are granted to the end user. 2 COPYRIGHT This software is owned by Derdack or its suppliers and is protected by German and international copyright laws and treaties. Therefore you must treat the SOFTWARE like any other copyrighted material. Except that if the SOFTWARE is not copy protected you may either make one copy of the SOFTWARE PRODUCT solely for backup purpose or transfer the SOFTWARE to a single hard disk provided that you keep the original for backup or archive purposes. You may not copy the product manuals or any written material accompanying the SOFTWARE PRODUCT. 3 OTHER RESTRICTIONS You may not rent or lease the SOFTWARE, but you may transfer your rights under this license agreement on a permanent basis if you transfer all copies of the SOFTWARE PRODUCT and all written material, and if the recipient agrees to the terms of this agreement. You may not reverse engineer, de-compile or disassemble the SOFTWARE. Any transfer must include the most recent update and all prior versions. 4 LIMITED WARRANTY Derdack warrants that the SOFTWARE will perform substantially in accordance with the accompanying printed or electronic product manual(s) for the shortest period permitted by applicable law but a minimum of ninety (90) days. Warranty implies that Derdack shall, within a reasonable timeframe, either (at Derdack's option) repair, replace, support, remedy or take other corrective or error avoidance action as may be necessary to correct all reported Defects. The obligation of this Article is however subject to the following conditions: 1. The Defect must constitute an operating defect compared to the Specification 2. The End user must inform Derdack of the Defect in writing 3. The part of the System concerned must not have been: * modified by the End user without Derdack's written authorisation * installed, used or maintained in a manner contrary to Derdack's reasonable instructions * subjected to misuse (including for purposes other than for which they were designed) improper maintenance, unusual workload and accident * damaged by deviation from applicable environmental specifications * subject to vandalism, burglary or theft. In the event of any claim of Defect by the End user under the above warranties, the End user shall inform Derdack of the nature of any alleged defect whereupon Derdack or its representative shall have the option of testing and inspecting the System by remote diagnosis or at the End user site (provided it complies with the End users security rules). The End user shall ensure that Derdack is provided with all information regarding the alleged defect which Derdack may reasonably require and such reasonable assistance as Derdack may request when carrying out any investigation. 5 END USER REMEDIES Derdack's entire liability and your exclusive remedy shall be, at Derdack's option, either * a return of the price paid or * repair or replacement of the SOFTWARE that not meets the limited warranty and which is returned with a copy of your receipt. The limited warranty is void if failure of the SOFTWARE has resulted from accident, abuse or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period but at least for 30 days. 6 NO OTHER WARRANTIES To the maximum extent permitted by applicable law, Derdack disclaims all other warranties, either express of implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying product manual(s) and written materials. The limited warranty contained herein gives you specific legal rights. 7 NO LIABILITY FOR CONSEQUENTIAL DAMAGE To the maximum extent permitted by applicable law, Derdack and its suppliers shall not be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this SOFTWARE PRODUCT, even if Derdack has been advised of the possibility of such damages. In any case, Derdack's entire liability under any provisions of this agreement shall be limited to the amount actually paid by you for this SOFTWARE PRODUCT. 8 NO LIABILITY FOR MESSAGE DELIVERY OR RECEIPT Derdack cannot guarantee that (mobile) messages sent through the used mobile or any other equipment by the SOFTWARE PRODUCT reach their destination. Neither can Derdack guarantee that the SOFTWARE PRODUCT receives all messages through the used mobile equipment they have been sent to. Derdack is not liable for any consequential damage arising from the fact that messages sent by the SOFTWARE PRODUCT do not reach their target destination (mobile phones, pagers) or that messages sent from any mobile equipment to the SOFTWARE PRODUCT will be recognized and processed by the SOFTWARE PRODUCT. 9 TERMS This Agreement will continue in effect for the duration of usage of the SOFTWARE by the end user. 10 GOVERNING LAW This Agreement will be governed and interpreted in accordance with the laws of the Federal Republic of Germany. Venue for any legal action shall lie with the courts of Berlin, Germany, and the End user and Derdack each expressly consent to venue and jurisdiction therein. 11 SEVERABILITY If any of the provisions of this Agreement are found or deemed by a court of competent jurisdiction to be invalid or unenforceable, they shall be severable from the remainder of the Agreement and shall not cause the invalidity or unenforceability of the Agreement 12 OTHER LICENSE AGREEMENT This License Agreement may be replaced by a separate software license agreement agreed upon between the end user and Derdack.