EC SOFTWARE END-USER LICENSE AND MAINTENANCE
AGREEMENT (EULA)
This EC Software GmbH (hereinafter referred to as "EC Software") End-User
License And Maintenance Agreement (hereinafter also referred to as "EULA") is alegal agreement between an individual person or a legal entity (hereinafter referredto as "Customer") and EC Software on the use of software and accessories
developed and supplied by EC Software (hereinafter referred to as "Software"). By
installing or using or registering to use the Software, Customer agrees to be boundby the provisions set down in this agreement. If Customer does not agree to theseterms, Customer is not permitted to use the Software.
EC Software and their suppliers are the owners of any intellectual property rights
in the software supplied hereunder. EC Software permits Customer to download,
install, use and otherwise benefit from the Software in strict accordance with theprovisions of this agreement. The use of third-party software, materials andservices such as Open Source (e.g. GPL) based software included in or accessed inconnection with the software might be subject to the Terms and Conditions of therespective third parties. The third-party software, materials and services aredisplayed in the information screen of the respective Software or identified by EC
Software on request of Customer at any time.
The Software is fitted with product activation procedures (license manager)
designed to prevent unauthorized use. Any attempt to circumvent the restrictions
on unauthorized use shall result in the immediate termination of this agreement andloss of any rights of use on the part of Customer. In such a case, further use of theSoftware is liable to copyright infringement and further legal claims.
1 Grant of License
The Software is licensed, not sold, to Customer. In accepting this agreement,
Customer acknowledges that the Software remains the sole property of EC
Software and/or their licensors. Nothing contained in this agreement will be
construed as granting any ownership to Customer. EC Software grants Customer
the following rights provided that Customer comply with all terms and conditionsof this EULA:
1.1 Installation and use. Except as otherwise expressly provided in this agreement,
Customer may install and use the Software according to the guidelines for thelicense type as described below.

2 License types
The following license types are available:
2.1 Node-Locked ('per-seat') License:
Under the terms of a Node-Locked ('per-seat') License, the Software is licensed foruse on one computer or computing device at a time. This Node-Locked License
will be bound to this computer or computing device and will only function on thiscomputer or computing device. A Node-Locked License permits the installation onup to 2 computers, if both computers are exclusively used by the same user.
2.2 Floating User License:
A Floating User License of the Software may be run from different devices and bydifferent users. Multiple running instances of the Software on the same device
under the same user account do not require an additional license slot. The Software
may be installed within a virtual (or otherwise emulated) hardware system so longas the use of the Software meets the terms of the license type and these virtual
machines are run on hardware owned or leased by Licensee. Floating User
Licenses are the only license types that can recognize virtual instances.
Virtualization technology may not be used to circumvent other licensing terms andrestrictions.
2.3 Build Server License:
License on a central computer system, shared (used) by other systems, automatedprocesses or users. Every Floating License includes 1 Build Server License.
2.4 Temporary Short Term License:
This license restricts the use of the Software to a predefined period of time (6months or less).
2.5 Evaluation License:
This license is for non-commercial purposes of the product. Licensee agrees to use
any Software provided to Licensee as an Evaluation only for the period until thelicense expiration, only to evaluate it individually for potential purchase of alicense to the Software as an end-user, to conduct no business with it, to remove it
and all result files produced from any of Licensee's Computers at the end of thetrial evaluation period and to comply with all other obligations and restrictions inthis Agreement. Any result files may not be used to link with result files fromLicensed Software, and not used in any way in User Products.

3 Reservation of Rights and Ownership
EC Software reserves all rights not expressly granted to Customer in this EULA.
The Software is protected by copyright and other intellectual property laws andtreaties. EC Software owns the title, copyright, and other intellectual property
rights in the Software. The Software is licensed, not sold. This EULA does notgrant Customer any rights to trademarks or service marks of EC Software.
4 Limitiations on Use
Customer may not reverse engineer, decompile, or disassemble the Software,
except and only to the extent that such activity is expressly permitted by applicablelaw notwithstanding this limitation. Customer may not rent, lease, or lend theSoftware to third parties, or use the Software on behalf of any third party.
5 Consent of Use of Data
Customer agrees that EC Software may collect and use technical information
gathered as part of the product support services provided to Customer, if any,
related to the Software. Such data will not be transmitted to EC Software without
Customers prior knowledge. EC Software may use this information solely toimprove their products or to provide customized services or technologies toCustomer and will not disclose this information in a form that personally identifies
Customer.
6 Separation of Components
The Software is licensed as a single product. Its component parts may not be
separated for use on more than one Computer.
7 Maintenance
Only upon payment in full of the maintenance fees set forth in the Customer
Purchase Order, EC Software shall provide maintenance service for the Licensed
Software to Customer solely upon the terms set forth in this Section for an initialone (1) year term ("Maintenance Term") beginning on the date of the last signatureof this Agreement, unless the term is otherwise set forth in the Customer Purchase
Order.
5.1 Maintenance Service Provided: Error corrections, enhancements, anddocumentation updates ("Revisions") may be initiated from time to time by EC
Software and furnished to Customer. In addition, EC Software shall use reasonable
efforts to correct, in a timely manner, coding errors reported to EC Software in
writing by Customer. EC Software cannot guarantee that all coding errors will becorrected or that all Revisions will be compatible with previous versions.

5.2 Eligibility: In order to continue to be eligible to receive Revisions hereunder,Customer must be current in the payment of fees and charges due EC Software
under this Agreement and must have accepted and installed the Revision mostrecently provided by EC Software under this Agreement.
5.3 Term and Renewal: Renewals of maintenance shall be on a year to year basis at
the then prevailing rate. In the event Customer chooses not to renew, or otherwise
terminates maintenance of the Licensed Software, Customer shall pay the missed
renewal fee for subsequent renewal. In the event EC Software chooses todiscontinue maintenance of Software, EC Software agrees to notify Customer inwriting thirty (30) days in advance and EC Software shall, at its discretion, elect to
do any or all of the following:a) replace the Licensed Software with a comparable product, if one exists, subject
to monetary adjustments depending upon the cost of the replacement productrelative to that of the Software,b) reimburse the Customer a prorata amount (discounted monthly on a straight line
basis over one (1) year) of the maintenance fee already paid,c) assign maintenance of Software to a third party at no cost to the Customer.
Payment of fees for maintenance does not ensure the longevity or continuance ofSoftware.
8 Termination
Without prejudice to any other rights, EC Software may terminate this EULA ifCustomer fails to comply with the terms and conditions of this EULA. In such
event, Customer must destroy all copies of the Software and all of its component
parts.
9 Disclaimer of Warranties
To the maximum extent permitted by applicable law, EC Software provides theSoftware and support services (if any) AS IS AND WITH ALL FAULTS, andhereby disclaims all other warranties and conditions, whether express, implied orstatutory, including, but not limited to, any (if any) implied warranties, duties orconditions of merchantability, of fitness for a particular purpose, of reliability oravailability, of accuracy or completeness of responses, of results, of workmanlike
effort, of lack of viruses, and of lack of negligence, all with regard to the Software,and the provision of or failure to provide support or other services, information,
software, and related content through the Software or otherwise arising out of theuse of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF
TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE

TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE
SOFTWARE.
10 Limitation of Liability and Remedies
Notwithstanding any damages that Customer might incur for any reason
whatsoever (including, without limitation, all damages referenced herein and all
direct or general damages in contract or anything else), the entire liability of EC
Software under any provision of this EULA and Customers exclusive remedy
hereunder (except for any remedy of repair or replacement elected by EC
Software) shall be limited to the greater of the actual damages Customer incur inreasonable reliance on the Software, which may not exceed the amount actually
paid by Customer for the Software. The foregoing limitations, exclusions anddisclaimers (including section 9) shall apply to the maximum extent permitted byapplicable law, even if any remedy fails its essential purpose.
11 Applicable Law
This EULA shall be governed by the laws of Austria, without reference to conflictof law or choice of law principles or decisions. The parties agree on Salzburg,Austria, as the exclusive place of jurisdiction.
12 Entire Agreement, Severability
This EULA (including any addendum or amendment to this EULA which isincluded with the Software) is the entire agreement between Customer and EC
Software relating to the Software and the support services (if any) and it
supersedes all prior or contemporaneous oral or written communications, proposals
and representations with respect to the Software or any other subject mattercovered by this EULA. If any provision of this EULA is held to be void, invalid,
unenforceable or illegal, the other provisions shall continue in full force and effect.