LICENCE CONDITIONS
OF SCHÜCO SERVICE GESELLSCHAFT MBH

IMPORTANT
These licence conditions do not apply if you have concluded a leasing contract regarding the software for this data storage medium with Schüco Service Gesellschaft mbH ("Schüco") subject to the general business conditions for software, hardware and/or database leasing contracts. The general business conditions for software, hardware and/or database leasing contracts apply exclusively in this case even if you accept these licence conditions.

1. LICENCE CONDITIONS 
By accepting these licence conditions you agree with Schüco to the following regulations relating to the rights to the software stored on the data storage medium and other content and agree to be bound by them. If you do not wish to accept these regulations, this medium must be returned to the place from whence it was obtained; you will be reimbursed for any payments made where applicable. Use of or circulation of the medium, the software and/or the content contained therein to third parties is not permitted under any circumstances.

2. COPYRIGHT AND RIGHTS OF USE (SOFTWARE) 
2.1	Schüco gives you the right, subject to adherence to these licence conditions, to use the software to facilitate your work through procurement of, and planning of and with Schüco products; cession of these rights to a third party is not permitted. Schüco gives you for this purpose a non-transferable and non-exclusive right for a fixed terminable period to use the software in accordance with the terms of these licence conditions. All rights to the software and the data contained therein remain the property of Schüco; this also applies in particular to rights in accordance with § 69c of the German Copyright Law (UrhG). To this end Schüco only gives its agreement to the acts listed in § 69c No. 1 Clause 2 of the German Copyright Law and necessary to serve the intended purpose in accordance with these licence conditions. No additional rights shall be granted.

2.2	Furthermore, all other use of the software and/or contents and/or data beyond the use stipulated in these licence conditions is not permitted. You do not have the right to pass, change, share, split or edit the leased software and/or the data contained therein and/or associated data, or to combine the leased software with other software and/or data (including modification by means of add-on programs), or to translate, distribute, resubmit and/or make available, decompile and/or disassemble the leased software; the only exception shall be for the performance of necessary acts as part of error reporting in accordance with § 69d Paragraph 1 of the German Copyright Law and decompiling to achieve interoperability in accordance with § 69e Paragraph 1 of the German Copyright Law.

2.3	All rights (in particular all items subject to copyright protection and related protective laws including the right of the database provider and all other rights including the legal status of supplementary law on industrial property and copyright protection) regarding the software, the data contained therein and/or associated content and data, as well as all associated printed information belong solely to Schüco. Copyright for any software products from other manufacturers made available by Schüco (e.g. Microsoft, Autodesk, CAD-Plan) remains with these manufacturers. The data storage media for computer programs subject to protection under copyright contain a copyright notice informing third parties of this copyright protection. You are not entitled to modify or remove this copyright notice or to copy the computer programs. You are only entitled to copy the programs supplied if this is necessary to use the program.

2.4	Depending on the version of the software leased (individual installation version or network installation version), the following conditions also apply.
a) You are permitted to use an individual installation version of the software on any hardware at your disposal. Simultaneous usage and storage on more than one piece of hardware is only permitted, however, if you have received explicit authorisation for multiple use from us and is subject to the quantitative restrictions on multiple use specified in the authorisation. If you change your hardware, you must delete the software from the hardware used previously if you are not entitled to multiple use of the software. The right of use given to you is restricted to the installation of software on hardware located at your site, to the loading of software into the main memory and the processing of the software, to the production of a back-up copy, provided this is required to ensure future use – § 69d Paragraph 2 of the German Copyright Law. Any additional act of copying, saving to files, electronic data processing systems and/or storage media of any type and/or passing on of software and/or content and/or data with the exception of buffering in the main memory as part of the normal access process or to the hard disk of the end user is not permitted without our prior written agreement. You shall also ensure that third parties cannot access the software and/or content and/or data in any way whatsoever. 
b) You may only use an individual installation version of the software within a network on more than one piece of hardware if you have received explicit authorisation from us or if you prohibit simultaneous use by multiple users; you shall in any case employ suitable measures to ensure that the software is only used on your network and that no acts are committed which contravene these licence conditions.
c) In the event of a network installation version of a piece of software being leased, you may install from a central piece of hardware (for example, a server) as many copies of the software onto client hardware, i.e. hardware authorised for access on the network, at any time as you are permitted to in accordance with our explicit authorisation. You must ensure that the number of pieces of client hardware on which the software is installed is never higher than has been explicitly authorised by us. You will require new explicit authorisation from Schüco for any increase in the number of permitted installations. The installation of the network installation version is only permitted on client software that has been integrated by you into your own internal company network. Any use or installation on or across public networks or otherwise making available for public access is prohibited. Point 2.4. c) shall apply to any network installation version installed on client hardware.

3. ADDITIONAL RESTRICTIONS ON USE
No other use of the software beyond the use stipulated in this contract is permitted, in particular no change, revision, splitting/separation or other modification of software (including modification by means of add-on programs, translation, reverse engineering, decompiling, disassembly or linking to other software and/or other data or databases) is permitted; the only exception shall be for the performance of necessary tasks as part of error reporting in accordance with § 69d Paragraph 1 of the German Copyright Law and decompiling to achieve interoperability in accordance with § 69e Paragraph 1 of the German Copyright Law.
This medium and the software saved on it may not be leased or re-licenced. Infringement of the terms of these licence conditions entitles Schüco to cancel the agreement without notice and/or to revoke the permission for use issued in accordance with these licence conditions without notice and not only obliges the end user to return the medium to Schüco and to delete the software, but can also lead to Schüco seeking compensation (§ 97 of the German Copyright Law) and under some circumstances to prosecution (see §§ 106, 107, 108, 108a, 108b of the German Copyright Law). 

4. DESCRIPTION OF OTHER RIGHTS AND RESTRICTIONS 
Activation and registration are obligatory in order for this software to be installed. This is intended to prevent unlicenced use of the software. However, no personal information is recorded from your computer during this operation. It may be that after a certain number of product starts you can only exercise your rights over the software if you activate your copy of the software in the way set out in the start-up sequence. You may also have to reactivate the software if you change your computer hardware or software. Schüco uses these measures to confirm that you have and are using a properly licenced copy of the software. If you are not using a licenced copy of the software, you are not entitled to install and/or use the software. 

5. GUARANTEE 
The current state of the technology means that errors in the software cannot be fully ruled out despite careful compilation. It is therefore recommended that suitable precautions are taken in the event that the software does not work as it should, either in full or in part. Furthermore, given the large amount of information in the data contained on the medium and despite very careful checking, errors can sometimes occur. Schüco does not undertake any obligation with regard to guarantees or compensation as part of this agreement. Schüco expressly advises that use of the software is not a substitute for expert planning and advice.

6. JURISDICTION, APPLICABLE LAW
The place of jurisdiction for all disputes arising from or in connection with these licence conditions is Bielefeld; German law applies, to the exclusion of the German conflict of laws provisions and the United Nations' Agreement covering the international purchase of goods (CISG). In the event of a separate contract being agreed with Schüco regarding the use of this software, the regulations of this separate contract shall take precedence over these licence conditions.

(Dated: March 2010)
