END-USER LICENSE AGREEMENTATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFOREDOWNLOADING AND/OR COMPLETING THIS INSTALLATION. THE
INDIVIDUAL OR ENTITY RUNNING THIS INSTALLATION (THE "END-USER")AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOTAGREE WITH THIS LICENSE, DO NOT COMPLETE THIS INSTALATION;IMMEDIATELY NOTIFY LAYER 2 GMBH THAT YOU DO NOT AGREE WITH THISLICENSE, AND YOU MAY BE ELIGIBLE FOR A REFUND. YOUR DOWNLOAD OFAND/OR THE INSTALLATION OF THIS SOLUTION CONSTITUTESACCEPTANCE OF THIS LICENSE AGREEMENT.
The enclosed computer program(s) and the accompanying documentation areprovided to the End-User by Layer 2 GmbH ("Licensor") for use only under thefollowing terms. Licensor reserves any right not expressly granted to the End-user.
The Licensor retains ownership of all copies of the Software itself. The End-Userassumes sole responsibility for the installation, use and results obtained from use ofthe Software.
1. License.
End-User is granted a limited, non-exclusive license to do only the following:
A. Use this software on ONE PHYSICAL OR ONE VIRTUAL SERVER at any time perserver license purchased. A server is a physical or virtual machine upon which an
operating system is installed.
B. Make one copy in machine-readable form solely for backup or archival purposes
for the computer which the Software is installed. The Software is protected bycopyright law. As an express condition of this License, the End-User must reproduce
on the copy Licensor's copyright notice and any other proprietary legends on theoriginal copy supplied by Licensor.
C. Transfer the Software and all rights under this License to another party together
with a copy of this License and all written materials accompanying the Software,provided (i) the End-User gives Licensor written notice of the transfer (including insuch notice the identity of the transferee), and (ii) the other party reads and agrees
to accept the terms and conditions of this License. If such transfer occurs, End-Usermust transfer the ORIGINAL installation program.
2. Restrictions.
The End-User may NOT sublicense, assign, or distribute copies of the Software toothers. The Software contains trade secrets. The End-User may NOT decompile,reverse engineer, disassemble, or otherwise reduce the Software to a humanreadable form unless it is already in such form. THE END-USER MAY NOT MODIFY,ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR
OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVEWORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Protection and Security, Activation.
The End-User agrees to use its best efforts and to take all reasonable steps tosafeguard the Software to ensure that no unauthorized person shall have accessthereto and that no unauthorized copy, publication, disclosure or distribution inwhole or in part, in any form, shall be made. The End-User acknowledges that theSoftware contains valuable confidential information and trade secrets and thatunauthorized use and/or copying are harmful to Licensor.
Upon ordering, Licensor will require the End-User to provide the name of his serverto the Licensor. After receipt of full payment, Licensor will send to End-User a license
key which allows him to enable the full version of the Software on this named server
only. The license key will not work on other servers. The Licensor applies saidmeasures in order to ensure that only properly licensed copies of the Software areused. If the End-User changes his server name, the Software may have to bereactivated. The Licensor does not collect, process or use any personal data on theEnd-User's computer when activating the product.
4. Termination.
This License is effective until terminated. This License will terminate immediately
without notice from Licensor if the End-User fails to comply with any of its
provisions. Upon termination the End-User must destroy the Software and all copies
thereof, and the End-User may terminate this License at any time by doing so.
6. Limited Warranty.
Licensor warrants that, for one (1) year from the date of initial use by the original
End-User, the Software shall operate substantially in accordance with the publishedfunctional specifications current at the time of purchase. If, during the warranty
period, a defect appears, End-User shall return the Software to Licensor andLicensor's only obligation shall be, at Licensor's election, to replace the defective
Software or refund the purchase price (if the notification of such defect is provided
via electronic mail to Licensor within fifteen (15) days of purchase). The End-User
agrees that the foregoing constitutes the End-User's sole and exclusive remedy forbreach by Licensor under any warranties made under this Agreement.
No oral or written information or advice given by Licensor or its dealers, distributors,
employees or agents shall in any way extend, modify or add to the foregoingwarranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOTHE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY,AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITSDIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USERFOR ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARYDAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESSINTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE ORACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES.
LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGESFOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION,

WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLYPAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE.
7. Enhancements.
From time to time Licensor may, in its sole discretion, advise the End-User ofupdates, upgrades, enhancements or improvements to the Software and/or new
releases of the Software (collectively, "Enhancements"), and may license the EndUser to use such Enhancements upon payment of prices as may be established byLicensor from time to time. All such Enhancements to the Software provided to theEnd-User shall also be governed by the terms of this License. IN ORDER FOR THE
END-USER TO BE ASSURED THAT IT WILL BE ADVISED OF AND LICENSED TO USE
ANY ENHANCEMENTS TO THE SOFTWARE, THE END-USER MUST NOTIFY LICENSOR
OF ANY CHANGE OF END-USER CONTACT INFORMATION KEPT ON FILE BY
LICENSOR.
8. General.
This License will be governed by and construed in accordance with the German laws
and shall inure to the benefit of Licensor and End-User and their successors, assigns
and legal representatives. If any provision of this License is held by a court ofcompetent jurisdiction to be invalid or unenforceable to any extent under applicablelaw, that provision will be enforced to the maximum extent permissible and theremaining provisions of this License will remain in full force and effect. Any notices orother communications to be sent to Licensor must be mailed first class, postage
prepaid, return receipt requested, to the Licensors address: Layer 2 GmbH
Eiffestrasse 664b, D-20537 Hamburg, GERMANY.
This Agreement constitutes the entire agreement between the parties with respect tothe subject matter hereof, and all prior proposals, agreements, representations,statements and undertakings are hereby expressly cancelled and superseded. This
Agreement may not be changed or amended except by a written instrument
executed by a duly authorized officer of Licensor.
The place of performance is the Licensor's registered office (seat). This Agreement
shall be governed by German law to the exclusion of the CISG. The exclusive placeof jurisdiction shall be the Licensor's registered office (seat). The Licensor shall also
be entitled to sue the End-User at his registered office (seat).
9. Acknowledgment.
THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE, UNDERSTANDS
IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you haveany questions concerning this License, contact Licensor at the address set forth
above or via e-mail at sales@layer2.de .