EULA for

eva/3 Universal Database Converter (UDC)

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END-USER LICENSE AGREEMENT This written software license agreement, hereafter known as the "license", contains all the rights and restrictions of the end user governing the end user`s use of the accompyaning software, data media or other documents, hereafter known as "Software". Read the following license agreement carefully before you install the software. By installing the software you are thereby agreeing to be bound to the terms of the license. We must emaphasize that it is impossible, even with the best available technology, to write computer software that works error free under all conditions. It is therefore subject to contract that the software be used only according to the user guide and description. 1. Copyright The software is the copyright protected property of optdat@.com. The program, or parts thereof, may not be resold, rented, leased, sublicensed or sold in any other way to a third party without obtaining explicit permission from optdat@.com. The commercial license for the software may be used either by a single person who uses the software personally on one or more computers, or it may be used when the software is installed on a single workstation and used by several people in succession; the commercial license may not be used for both purposes. If the software is installed in a network, the software may be used only if the number of commercial licenses purchased is the same as the number of workstations which can use the software. 2. Warranty disclaimer The software is supplied without warranty of any kind. ALL EXPLICIT OR IMPLIED WARRANTIES, INCLUDING POSSIBLE IMPLIED WARRANTIES OF MERCHANTABILITY RELATED TO FITNESS FOR A PARTICULAR PURPOSE, OR BREACH OF APPLICABLE LAW ARE HEREBY EXCLUDED. 3. Exclusion of liability OPTADAT@.COM SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES CAUSED BY THE USE OR DISTRIBUTION OF THE SOFTWARE BY THE USER OR A THIRD PARTY. OPTADAT@.COM SHALL NOT BE RESPONSIBLE FOR LOSS OF BUSINESS OR PROFITS, LOSS OF DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INCLUSIVE CLAIMS FOR DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE EVEN IF THERE IS THE POSSIBILITY OF LIABILITY, AND EVEN IF OPTADAT@.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4. Limitation of liability The use of the program shall be solely at the risk of the user. optadat@.com. LIMITS THE MAXIMUM LIABILITY FOR POSSIBLE DAMAGES TO THE LICENSE FEES PAID, EVEN IF OPTADAT@.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ALSO APPLIES TO CLAIMS FROM A THIRD PARTY. 5. Termination The license is terminated automatically if you disagree with the license terms set forth herein or violate the license terms. Upon termination, you must delete, i.e. to destroy all copies of the software. The end user is responsible for all damages caused to optadat@.com by the violation of the terms of this license. 6. Governing law This license agreement is governed exclusively by German law and the place of jurisdiction will be the court of Essen. The application of the laws of other countries is explicitly excluded as is a different place of jurisdiction. 7. Support and subscription services optadat@.com will not provide any support services under this license. 8. Restrictions You may not reverse engineer, decompile, or disassemble The Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend The Software. 9. Evaluation licence This is not free software. You are hereby licensed by optadat@.com to use one copy of the Software, on one (1) computer or workstation, for evaluation purposes without charge for a period of 30 days. You may not use The Software after the Evaluation Period has expired without payment of the registration fee to optadat@.com. 10. Registered license You may not disclose to third parties, or publish Unlock Codes or other registration details via electronic or other means. 11. High risk activities The software is not fault-tolerant and was not designed, created or intended for the use or resale for on-line control in fail-safe environments, e.g. to control nuclear reactors, aircraft navigation, air traffic control, medical equipment or weapons systems, in which failure of the software could lead directly to death, injury or serious environmental damage ("high risk activities"). optadat@.com disclaims any kind of explicit or implied warranty of fitness for high risk activities. 12. Jurisdiction If parts or individual terms of this statement are ilegal or incorrect, the content or validity of the other parts remain uninfluenced by this fact.

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