Visual Localize (NET) 6

Visual Localize® End-User License Agreement

Please read this End-User License Agreement carefully before you install and register the

software or any additional material. BY USING ALL OR ANY PORTION OF THE “Visual

Localize®” SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS

OF THIS AGREEMENT

1) License Grant. This Agreement constitutes a legally binding agreement between you (either

Visual Localize® End-User License Agreement

Please read this End-User License Agreement carefully before you install and register the

software or any additional material. BY USING ALL OR ANY PORTION OF THE “Visual

Localize®” SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS

OF THIS AGREEMENT

1) License Grant. This Agreement constitutes a legally binding agreement between you (either

an individual or a single entity) (“Customer”) and AIT AG (“AIT”), for the Software and any

and all associated media, printed materials, and “online” or electronic documentation

(collectively, the “Product”). This Agreement permits Customer to install and use only one (1)

copy of the Product at a time (in object code format only), on only one (1) workstation,

terminal or other device (a “Workstation Computer”), solely for Customer’s internal business

purposes. If Customer has purchased multiple licenses for the Product, then at any time

Customer may have as many copies of the Product in use on a Workstation Computer as

Customer has licenses; provided, however, that the total number of users (not the concurrent

number of users) that are permitted to use the Product shall not exceed the number of

licenses. The Product is “in use” on a Workstation Computer when it is loaded into the

temporary memory (RAM), or installed into the permanent memory (hard drive, CD-ROM, or

other storage device) of that Workstation Computer.

2) Ownership. AIT retains all right, title and interest in and to the Product, including all

intellectual property rights therein. Therefore, Customer may not use, copy or distribute the

Product without AIT’s authorization, except that Customer may make one (1) copy of the

Product solely for backup or archival purposes. Customer may not copy the printed materials

accompanying the Product, nor print copies of any user documentation provided in online or

electronic format.

3) Conditions for the software license. To license the software application “Visual Localize®“ it

is necessary to install the software on a computer. The license from “Visual Localize®“ is

systembound; this means that the software will be bound to a special computer on which the

software was installed and registered. However it is possible that the software license is

transfered (exported) to another computer from the customer. This process can be done

exempt from charges as often as necessary but is subjected to this end-user license

agreement.

IMPORTANT NOTE: BEFORE CHANGING YOUR HARDWARE OR REINSTALLING /

CHANGING YOUR OPERATING SYSTEM (e.g before installing an update / service pack

for your operating system or installing a patch, changing your complete operating

system, or installing new hardware,...) MAKE SURE TO "TERMINATE THE LICENSE" or

“EXPORT THE LICENSE” TO ANOTHER COMPUTER FIRST. NOT CONSIDERING THIS

HANDLING CAN LEAD TO A LOSS OF YOUR SOFTWARE LICENSE! Termination of your

license: If you „terminate“ your “Visual Localize®“ license, a termination key will be displayed

and written into a file called “terminate.txt”. Please send this termination key to AIT for beeing

validated. After receiving a valid termination key from the end-customer and a corresponding

new license request email, AIT will send a new and equivalent license free of charge.

4) Other Restrictions. Except as expressly authorized herein: a) Customer shall not

modify, copy or adapt the Product; merge the Product into another program; reverse

engineer, disassemble, decompile, or otherwise attempt to derive source code from the

Product (except to the extent the foregoing restriction is expressly prohibited by applicable

law); or place the Product onto a server, or combine the Product with any software or

hardware, so that it becomes accessible (directly or indirectly) by means of a public (such as

the Internet) or a private network;

b) Customer shall not under any circumstances, remove or alter copyright notices,

registration numbers, or other features serving to identify the Product.

c) Customer shall not hire out the Product (or any part thereof) to any third party for

commercial purposes or for service bureau use.

d) Customer shall not transfer, sublicense, rent, lease, loan, or otherwise indirectly (such as

by consignment) any portion of the Product to any third party.

e) Customer shall not transfer the Product to any third party, if Customer knows or has

reason to know that the third party will violate any term or condition of this Agreement.

Any use of the Product (or any part thereof) in violation of this Agreement shall entitle AIT to

all rights and remedies available to it at law or in equity, including (without limitation)

monetary damages and equitable relief.

5) License Transfers. Customer may move the Product to a different Workstation Computer

via the license export functionality (Menu “Help” > “About Visual Localize...” > button “Export

license...”). If Customer is the initial user of the Product, Customer may make a one-time

transfer of Customer’s rights to use the Product to a third party; provided, however, that

Customer shall (a) transfer the Product (including the program itself, the user documentation,

and any other associated materials, and all updates and prior versions thereof), (b) not retain

any copy of the foregoing in any format (including, without limitation, any copy in a

computer’s temporary memory (RAM), or permanent memory (hard drive, CD-ROM, or other

storage device), and (c) inform AIT immediately in writing of the name and full address of

such third party. Immediately upon delivery of the Product to a third party, (i) such third party

shall be required to be legally bound by the terms and conditions of this Agreement and (ii)

Customer’s right to use the Product (and all Customer’s other rights hereunder) shall expire.

6) No Warranty. The Software is being delivered to you "AS IS" and AIT makes no warranty as

to its use or performance. AIT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT

THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.

EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE

EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY

LAW APPLICABLE TO YOU IN YOUR JURISDICTION, AIT AND ITS SUPPLIERS MAKE

NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR

IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE)

AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF

THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY,

OR FITNES FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7

shall survive the termination of this Agreement, howsoever caused, but this shall not imply or

create any continued right to Use the Software after termination of this Agreement.

7) LIMITATION OF LIABILITY. IN NO EVENT WILL AIT OR ITS SUPPLIERS BE LIABLE TO

YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY

CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR

LOST SAVINGS, EVEN IF AN AIT REPRESENTATIVE HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY

ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE

EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. AIT’S

AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION

WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE

SOFTWARE, IF ANY. Nothing contained in this Agreement limits AIT’s liability to you in the

event of death or personal injury resulting from AIT’s negligence or for the tort of deceit

(fraud). AIT is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or

limiting obligations, warranties and liability as provided in this Agreement, but in no other

respects and for no other purpose. For further information, please see the jurisdiction specific

information at the end of this Agreement, if any, or contact AIT’ s Customer Support

Department.

8) Loss of the software license. The breach of condition for the software license (see section

3) can lead to a loss of your license. For the re-creation of a substitute license a handling fee

of €102.00 (plus taxes) can be charged.

9) General Provisions. If any part of this Agreement is found void and unenforceable, it will not

affect the validity of the balance of this Agreement, which shall remain valid and enforceable

according to its terms. This Agreement may only be modified by a writing signed by an

authorized officer of AIT. Updates may be licensed to you by AIT with additional or different

terms. This is the entire agreement between AIT and you relating to the Software and it

supersedes any prior representations, discussions, undertakings, communications or

advertising relating to the Software.

10) Governing Law. This Agreement will be governed by and construed in accordance with the

substantive laws in force in Germany if a license to the Software is purchased when you are

in this or any other jurisdiction. The respective courts of Germany competent for our seat

shall have jurisdiction over all disputes relating to this Agreement. This Agreement will not be

governed by the conflict of law rules of any jurisdiction or the United Nations Convention on

Contracts for the International Sale of Goods, the application of which is expressly excluded.

11) Specific Exceptions

11.1) Warranty for Users Residing in Germany or Austria. If you obtained the Software in

Germany or Austria, and you usually reside in such country, then Section 6 does not

apply, instead, AIT warrants that the Software provides the functionalities set forth in the

Documentation (the "agreed upon functionalities") for the limited warranty period

following receipt of the Software when used on the recommended hardware

configuration. As used in this Section, "limited warranty period" means one (1) year if you

are a business user and two (2) years if you are not a business user. Non-substantial

variation from the agreed upon functionalities shall not be considered and does not

establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO

SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES,

PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES

OF SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE

EXTENT SUCH ALTERATIONS CAUSED A DEFECT. To make a warranty claim, during

the warranty period you must return, at our expense, the Software and proof of purchase

to the location where you obtained it. If the functionalities of the Software vary

substantially from the agreed upon functionalities, AIT is entitled -- by way of reperformance

and at its own discretion -- to repair or replace the Software. If this fails, you

are entitled to a reduction of the purchase price (reduction) or to cancel the purchase

agreement (rescission) and/or to claim damages pursuant to sec.11.2. For further

warranty information, please contact AIT’s Customer Support Department

11.2) Limitation of Liability for Users Residing in Germany and Austria.

11.2.1) If you obtained the Software in Germany or Austria, and you usually reside in such

country, then Section 7 does not apply, Instead, subject to the provisions in Section

11.2.2, AIT's statutory liability for damages shall be limited as follows: (i) AIT shall be

liable only up to the amount of damages as typically foreseeable at the time of entering

into the purchase agreement in respect of damages caused by a slightly negligent breach

of a material contractual obligation and (ii) AIT shall not be liable for damages caused by

a slightly negligent breach of a non-material contractual obligation.

11.2.2) The aforesaid limitation of liability shall not apply to any mandatory statutory liability,

in particular, to liability under the German Product Liability Act, liability for assuming a

specific guarantee or liability for culpably caused personal injuries.

11.2.3) You are required to take all reasonable measures to avoid and reduce damages, in

particular to make back-up copies of the Software and your computer data subject to the

provisions of this Agreement.

11.3) Pre-release Product Additional Terms. If the product you have received with this

license is pre-commercial release or beta Software ("Pre-release Software"), then the

following applies. To the extent that any provision in this Section is in conflict with any

other term or condition in this Agreement, this Section shall supercede such other term(s)

and condition(s) with respect to the Pre-release Software, but only to the extent

necessary to resolve the conflict. You acknowledge that the Software is a pre-release

version, does not represent final product from AIT, and may contain bugs, errors and

other problems that could cause system or other failures and data loss. Consequently,

the Pre-release Software is provided to you "AS-IS", and AIT disclaims any warranty or

liability obligations to you of any kind. You acknowledge that AIT has not promised or

guaranteed to you that Pre-release Software will be announced or made available to

anyone in the future, AIT has no express or implied obligation to you to announce or

introduce the Pre-release Software and that AIT may not introduce a product similar to or

compatible with the Pre-release Software. Accordingly, you acknowledge that any

research or development that you perform regarding the Pre-release Software or any

product associated with the Pre-release Software is done entirely at your own risk. During

the term of this Agreement, if requested by AIT, you will provide feedback to AIT

regarding testing and use of the Pre-release Software, including error or bug reports. If

you have been provided the Pre-release Software pursuant to a separate written

agreement, such as the AIT Agreement for Unreleased Products, your use of the

Software is also governed by such agreement. You agree that you may not and certify

that you will not sublicense, lease, loan, rent, assign or transfer the Pre-release Software.

Upon receipt of a later unreleased version of the Pre-release Software or release by AIT

of a publicly released commercial version of the Software, whether as a stand-alone

product or as part of a larger product, you agree to return or destroy all earlier Prerelease

Software received from AIT and to abide by the terms of the license agreement

for any such later versions of the Pre-release Software. Notwithstanding anything in this

Section to the contrary, if you are located outside the United States of America, you

agree that you will return or destroy all unreleased versions of the Pre-release Software

within thirty (30) days of the completion of your testing of the Software when such date is

earlier than the date for AIT's first commercial shipment of the publicly released

(commercial) Software.

If you have any questions regarding this Agreement or if you wish to request any

information from AIT please use the address and contact information included with this

product to contact the AIT office serving your jurisdiction.

Visual Localize® is a registered trademark of AIT in Germany and/or other

countries.