PowerFolder Pro Software License

Version 1.1
Copyright (C) 2007 Christian Sprajc.
Luetticher Str. 16
40547 Duesseldorf, Germany
All rights reserved.
January 21th, 2007

THIS LICENSE APPLIES TO THE COMPUTER PROGRAM KNOWN AS "PowerFolder Pro", HEREAFTER REFERRED TO AS "THE PROGRAM"."THE PROGRAM", BELOW, REFERS TO SUCH PROGRAM, AND A "WORK BASED ON THE PROGRAM" MEANS EITHER THE PROGRAM OR ANY DERIVATIVE WORK OF THE PROGRAM, AS DEFINED IN THE GERMAN RIGHT, SUCH AS A TRANSLATION OR A MODIFICATION. THE PROGRAM IS A COPYRIGHTED WORK WHOSE COPYRIGHT IS HELD BY Christian Sprajc, Duesseldorf, Germany.

YOU ARE GRANTED THE WORLDWIDE, NON-EXCLUSIVE, PERPETUAL (FOR THE DURATION OF THE APPLICABLE COPYRIGHT) RIGHTS SET FORTH IN THIS LICENSE PROVIDED YOU AGREE TO AND COMPLY WITH ANY AND ALL CONDITIONS IN THIS LICENSE. THE PROGRAM IS PROVIDED UNDER THE TERMS OF THIS LICENSE. BY USING, DOWNLOADING OR INSTALLING THE PROGRAM OR ANY PORTION OF THE PROGRAM, YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE TO DO SO, AND ALL ITS TERMS AND CONDITIONS FOR COPYING, DISTRIBUTING OR MODIFYING THE PROGRAM OR WORKS BASED ON IT. NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO MODIFY OR DISTRIBUTE THE PROGRAM OR ITS DERIVATIVE WORKS. THESE ACTIONS ARE PROHIBITED BY LAW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE, MODIFY, OR DISTRIBUTE THE PROGRAM. YOU MAY NOT IMPOSE ANY FURTHER RESTRICTIONS ON THE RECIPIENT’S EXERCISE OF THE RIGHTS GRANTED HEREIN.
Definitions.

"Contributor" means Christian Sprajc and any other entity that creates or contributes to the creation of Modifications or offers suggestions, ideas, bug fixes or fragments of source code to a Contributor.

"License" means this document.

"Modifications" means any addition to, editing of or deletion from the substance or structure of either the Original Code or any previous Modifications.

"Original Code" means the "PowerFolder Pro" Source Code as released under this License by Christian Sprajc.

"Source Code" means forms, views, scripts, agents, images, pages and all other database design elements, and including all script, text, program code and functions contained within those design elements that together makes up THE PROGRAM.

"You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes but is not limited to any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

"Contribution" means:

a) in the case of Christian Sprajc, the Original Program and

b) in the case of each Contributor,

i) modifications and changes to THE PROGRAM, and

ii) additions to THE PROGRAM; where such changes and/or additions to THE PROGRAM originate from that particular Contributor. A Contribution 'originates' from a Contributor if it was added to THE PROGRAM by such Contributor itself or anyone acting on such Contributor’s behalf.

Contributions do not include additions to THE PROGRAM which:

i) are separate software applications which link to THE PROGRAM and are distributed under their own license agreement, and

ii) are not derivative works of THE PROGRAM.

"The Original Program" means the original version of THE PROGRAM as released by Christian Sprajc on the Internet site http://www.powerfolder.com, including source code and documentation, if any.

"Software registration & licensing fee" means the amount of money required to be paid by you to Christian Sprajc for legal usage of THE PROGRAM under the terms of this agreement.

"Recipient" means anyone who receives THE PROGRAM under this Agreement, including all Contributors.

"Welcome page" means the first HTML page as it is displayed to a user of THE ORIGINAL PROGRAM when that user first enters THE ORIGINAL PROGRAM in a normal manner via an Internet web browser.

"Top menu" means the program options displayed to end users on the top of the screen when using THE ORIGINAL PROGRAM in a normal manner via an Internet web browser. The top menu contains various hyperlinks and options which link to HTML pages on the http://www.powerfolder.com Internet site.

"Hosting Services" means distribution of THE PROGRAM to end users in a live, working, operational context in which THE PROGRAM is installed onto the servers of the provider of the hosting services, and the user interface of THE PROGRAM is accessed by end users generally via the Internet or via some other data communications medium, obviating the need for end users to download and install THE PROGRAM onto their own server(s).
1. Modification of THE PROGRAM

1.1. You may not modify THE PROGRAM to your requirements, subject to the restrictions in this license agreement.

1.2. You may not copy or reproduce any portion of THE PROGRAM into any other software application by any means whatsoever.

1.3. You may not make any modification to THE PROGRAM that in any way infringes the rights, patents, trademarks or copyrights of any party or entity.

1.4. If you have modified THE PROGRAM, you are not required to publicly publish the modified version, however if you have modified THE PROGRAM and distributed THE PROGRAM outside of your company / organization / entity, then you must pay a software registration & licensing fee for each copy of THE PROGRAM distributed.

1.5. You may not develop application programs, reusable components and other software items that link with the original or modified versions of THE PROGRAM.
2. Distribution of THE PROGRAM

2.1. You may not copy and distribute literal (i.e., verbatim) copies of THE PROGRAM.

2.2. You may not copy and distribute modified copies of THE PROGRAM, throughout the world, in any medium, on the condition that the recipients of the modified copies of the program comply with the terms of this license agreement.

2.3. You may not package or include THE PROGRAM and distribute with any other software product without specific written permission from Christan Sprajc.

3. Hosting services.

3.1. For the purposes of this license, "hosting services" are considered to be a form of distribution of THE PROGRAM.

3.2. If you access THE PROGRAM via a hosting service, then you are bound by the terms and conditions of this license in precisely the same manner as if you had downloaded and installed THE PROGRAM onto your own servers/systems.

3.3. You may not provide "hosting services" for THE PROGRAM.

3.4. Christian Sprajc will in no way be held responsible for THE PROGRAM’s capabilities or suitability to task as a hosted software application.

4. Ownership of intellectual property.

4.1. Christian Sprajc is the sole owner of all intellectual property rights pertaining to THE PROGRAM, whether modified or in its original form.

4.2. Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in THE PROGRAM not expressly granted under this Agreement are reserved.

4.3. Reservation of Rights. No rights are granted to THE PROGRAM except as expressly set forth herein. You may not copy, modify, sublicense, or distribute THE PROGRAM except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute THE PROGRAM is void, and will automatically terminate your rights under this License.

4.4. Permission to use THE PROGRAM is granted on the understanding that such usage in no way confers any rights of ownership to any portion of THE PROGRAM.

4.5. You may not represent yourself as being in any way affiliated with, connected with or endorsed by Christian Sprajc or THE PROGRAM without specific written permission from Christian Sprajc.

4.6. You may not create derivative works.

4.7. If an individual party or entity submits a contribution in any form to Christian Sprajc for inclusion into THE PROGRAM, including but not limited to software modifications, suggestions, enhancements, bug fixes or any other changes, then the contributor grants Christian Sprajc non-exclusive, transferable, worldwide, royalty-free copyright license to use the contribution for any purpose whatsoever, including rights to reproduce, redistribute, resell, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the contribution.

4.8. Ownership of full intellectual property rights to the entirety of THE PROGRAM remains with Christian Sprajc, under any circumstances whatsoever. Modification of THE PROGRAM , or contribution of modifications, suggestions, enhancements, bug fixes or other changes to any portion of THE PROGRAM, does not confer any ownership rights or any intellectual property rights to any party except Christian Sprajc.

4.9. GRANT OF RIGHTS. Subject to the terms of this Agreement, each Contributor hereby grants Christian Sprajc a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code form.

5. Exchange of monies, License fees & Payment

5.1. Any organization or individual that uses THE PROGRAM must pay a software registration & licensing fee, as specified in schedule of software registration & licensing fees which can be found on the internet homepage: www.powerfolder.com.

5.2. Christian Sprajc reserves the right to vary the software registration & licensing fees in its sole discretion without notice or justification at any time.

5.3. Any organization or individual that uses THE PROGRAM is bound by the terms of this agreement, regardless of whether or not payment is required for such usage.

5.4. The following parties/entities are REQUIRED to pay software registration & licensing fees for usage of THE PROGRAM;

5.4.1. Any individual person, commercial / military / government / education organization, company or other entity not specifically exempted from payment by the terms of this license are REQUIRED to pay software registration & licensing fees for usage of THE PROGRAM.

5.5. THE PROGRAM is licensed on a "per computer" basis, which means that one software registration & licensing fee must be purchased for each copy of THE PROGRAM in use. If multiple copies of THE PROGRAM are used to serve a single computer, a separate software registration & licensing fee must be paid for each copy.

5.6. Payment of software registration & licensing fees to Christian Sprajc under the terms of this agreement is required, whether THE PROGRAM is modified or in original form.

5.7. Payment of software registration & licensing fees to Christian Sprajc is required in Euro.

5.8. You are permitted to accept payment on a time and materials or a fixed cost basis for the provision of the following services related to THE PROGRAM; custom software modification services, software installation and configuration services, software project implementation services, software support services, user training services, documentation writing services, software hosting services.

5.9. Upon payment of the required software registration & licensing fee for usage of THE PROGRAM, you will be sent a registration certificate and a receipt by electronic mail, if you provide appropriate contact details.

5.10. You may not use THE PROGRAM if you have not paid the required software registration & licensing fee as specified in this agreement. Usage of the program if you have not paid the required software registration & licensing fee is in violation of international copyright law.

NO WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH RECIPIENT IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING AND DISTRIBUTING THE PROGRAM AND ASSUMES ALL RISKS ASSOCIATED WITH ITS EXERCISE OF RIGHTS UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, SUITABILITY FOR HOSTING AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.

DISCLAIMER OF LIABILITY.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT, CHRISTIAN SPRAJC NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SEVERABILITY.
EACH OF THE COVENANTS, AGREEMENTS, UNDERTAKINGS AND PROVISIONS CONTAINED HEREIN ARE REGARDED AS SEPARATE, DISTINCT AND SEVERAL EACH OF THE COVENANTS, AGREEMENTS AND UNDERTAKINGS CONTAINED HEREIN SHALL BE CONSTRUED TO TAKE EFFECT SO THAT IF ANY PART OF ANY OF THE COVENANTS, AGREEMENTS OR UNDERTAKINGS RENDERS OR WOULD RENDER SUCH COVENANT, AGREEMENT OR UNDERTAKING INVALID OR UNENFORCEABLE FOR ANY REASON THEN THAT PART SHALL BE SEVERED FROM THAT COVENANT, AGREEMENT OR UNDERTAKING AND THE REMAINDER OF THAT COVENANT, AGREEMENT OR UNDERTAKING OR ANY PART OR PROVISIONS OF THE CONTRACT SHALL HAVE FULL FORCE AND EFFECT.

NON COMPLIANCE.
ALL RECIPIENT’S RIGHTS UNDER THIS AGREEMENT SHALL TERMINATE IF IT FAILS TO COMPLY WITH ANY OF THE MATERIAL TERMS OR CONDITIONS OF THIS AGREEMENT AND DOES NOT CURE SUCH FAILURE IN A REASONABLE PERIOD OF TIME AFTER BECOMING AWARE OF SUCH NONCOMPLIANCE. IF ALL RECIPIENT’S RIGHTS UNDER THIS AGREEMENT TERMINATE, RECIPIENT AGREES TO CEASE USE AND DISTRIBUTION OF THE PROGRAM AS SOON AS REASONABLY PRACTICABLE. HOWEVER, RECIPIENT’S OBLIGATIONS UNDER THIS AGREEMENT RELATING TO THE PROGRAM SHALL CONTINUE AND SURVIVE.

NEW VERSIONS OF AGREEMENT.
CHRISTIAN SPRAJC MAY PUBLISH NEW VERSIONS (INCLUDING REVISIONS) OF THIS AGREEMENT FROM TIME TO TIME. EACH NEW VERSION OF THE AGREEMENT WILL BE GIVEN A DISTINGUISHING VERSION NUMBER. THE PROGRAM (INCLUDING CONTRIBUTIONS) MUST ALWAYS BE DISTRIBUTED SUBJECT TO THE VERSION OF THE AGREEMENT AS ENCLOSED IN THE ORIGINAL PROGRAM DISTRIBUTION, OR THE MOST RECENT VERSION OF THE AGREEMENT AS PUBLISHED AT THE INTERNET ADDRESS HTTP://WWW.POWERFOLDER.COM.

MODIFICATION OF THIS AGREEMENT.
NO ONE OTHER THAN CHRISTIAN SPRAJC HAS THE RIGHT TO MODIFY THIS AGREEMENT.

GOVERNING LAW.
THIS AGREEMENT IS GOVERNED BY THE LAWS OF GERMANY AND THE INTELLECTUAL PROPERTY LAWS OF GERMANY. ANY DISPUTES ARISING SHALL BE HEARD IN DUESSELDORF, GERMANY. EACH PARTY WAIVES ITS RIGHTS TO A JURY TRIAL IN ANY RESULTING LITIGATION.

PowerFolder Free Software License

            GNU GENERAL PUBLIC LICENSE
               Version 2, June 1991

 Copyright (C) 1989, 1991 Free Software Foundation, Inc.,
 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
 Everyone is permitted to copy and distribute verbatim copies
 of this license document, but changing it is not allowed.

                Preamble

  The licenses for most software are designed to take away your
freedom to share and change it.  By contrast, the GNU General Public
License is intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users.  This
General Public License applies to most of the Free Software
Foundation's software and to any other program whose authors commit to
using it.  (Some other Free Software Foundation software is covered by
the GNU Lesser General Public License instead.)  You can apply it to
your programs, too.

  When we speak of free software, we are referring to freedom, not
price.  Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
this service if you wish), that you receive source code or can get it
if you want it, that you can change the software or use pieces of it
in new free programs; and that you know you can do these things.

  To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the rights.
These restrictions translate to certain responsibilities for you if you
distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have.  You must make sure that they, too, receive or can get the
source code.  And you must show them these terms so they know their
rights.
We protect your rights with two steps: (1) copyright the software, and
(2) offer you this license which gives you legal permission to copy,
distribute and/or modify the software.
 Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
software.  If the software is modified by someone else and passed on, we
want its recipients to know that what they have is not the original, so
that any problems introduced by others will not reflect on the original
authors' reputations.

  Finally, any free program is threatened constantly by software
patents.  We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making the
program proprietary.  To prevent this, we have made it clear that any
patent must be licensed for everyone's free use or not licensed at all.

  The precise terms and conditions for copying, distribution and
modification follow.

            GNU GENERAL PUBLIC LICENSE
   TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

  0. This License applies to any program or other work which contains
a notice placed by the copyright holder saying it may be distributed
under the terms of this General Public License.  The "Program", below,
refers to any such program or work, and a "work based on the Program"
means either the Program or any derivative work under copyright law:
that is to say, a work containing the Program or a portion of it,
either verbatim or with modifications and/or translated into another
language.  (Hereinafter, translation is included without limitation in
the term "modification".)  Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope.  The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the
Program (independent of having been made by running the Program).
Whether that is true depends on what the Program does.

  1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an appropriate
copyright notice and disclaimer of warranty; keep intact all the
notices that refer to this License and to the absence of any warranty;
and give any other recipients of the Program a copy of this License
along with the Program.

You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a fee.

  2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:

    a) You must cause the modified files to carry prominent notices
    stating that you changed the files and the date of any change.

    b) You must cause any work that you distribute or publish, that in
    whole or in part contains or is derived from the Program or any
    part thereof, to be licensed as a whole at no charge to all third
    parties under the terms of this License.

    c) If the modified program normally reads commands interactively
    when run, you must cause it, when started running for such
    interactive use in the most ordinary way, to print or display an
    announcement including an appropriate copyright notice and a
    notice that there is no warranty (or else, saying that you provide
    a warranty) and that users may redistribute the program under
    these conditions, and telling the user how to view a copy of this
    License.  (Exception: if the Program itself is interactive but
    does not normally print such an announcement, your work based on
    the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole.  If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works.  But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.

In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License.

  3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:

    a) Accompany it with the complete corresponding machine-readable
    source code, which must be distributed under the terms of Sections
    1 and 2 above on a medium customarily used for software interchange; or,

    b) Accompany it with a written offer, valid for at least three
    years, to give any third party, for a charge no more than your
    cost of physically performing source distribution, a complete
    machine-readable copy of the corresponding source code, to be
    distributed under the terms of Sections 1 and 2 above on a medium
    customarily used for software interchange; or,

    c) Accompany it with the information you received as to the offer
    to distribute corresponding source code.  (This alternative is
    allowed only for noncommercial distribution and only if you
    received the program in object code or executable form with such
    an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for
making modifications to it.  For an executable work, complete source
code means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to
control compilation and installation of the executable.  However, as a
special exception, the source code distributed need not include
anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the
operating system on which the executable runs, unless that component
itself accompanies the executable.

If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.

  4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License.  Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this License.
However, parties who have received copies, or rights, from you under
this License will not have their licenses terminated so long as such
parties remain in full compliance.

  5. You are not required to accept this License, since you have not
signed it.  However, nothing else grants you permission to modify or
distribute the Program or its derivative works.  These actions are
prohibited by law if you do not accept this License.  Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Program or works based on it.

  6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions.  You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.

  7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License.  If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all.  For example, if a patent
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances.

It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is
implemented by public license practices.  Many people have made
generous contributions to the wide range of software distributed
through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing
to distribute software through any other system and a licensee cannot
impose that choice.

This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.

  8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License
may add an explicit geographical distribution limitation excluding
those countries, so that distribution is permitted only in or among
countries not thus excluded.  In such case, this License incorporates
the limitation as if written in the body of this License.

  9. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time.  Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.

Each version is given a distinguishing version number.  If the Program
specifies a version number of this License which applies to it and "any
later version", you have the option of following the terms and conditions
either of that version or of any later version published by the Free
Software Foundation.  If the Program does not specify a version number of
this License, you may choose any version ever published by the Free Software
Foundation.

  10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the author
to ask for permission.  For software which is copyrighted by the Free
Software Foundation, write to the Free Software Foundation; we sometimes
make exceptions for this.  Our decision will be guided by the two goals
of preserving the free status of all derivatives of our free software and
of promoting the sharing and reuse of software generally.

                NO WARRANTY

  11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.  SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.

  12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

             END OF TERMS AND CONDITIONS

General Terms and Conditions

§ 1 – Validity

Our conditions are valid only with regard to business persons in the sense of § 310 (German Civil Law). The following sales and delivery conditions are valid for all our contracts, deliveries and services, assuming that they have not been altered or excluded without our specific written permission.
They are also valid, in cases where we execute a delivery or service without explicit reservations, knowing that our customer has his own diverging terms and conditions of General conditions of trade of our contractual partners are only applicable when dealing with if they are confirmed by us in writing.

§ 2 – Offer And Completion of Contracts

Our offers are subject to alteration. Contracts and other agreements will only become binding by our written conformation or through the actual delivery of goods/rendering of service.
All agreements between our customers and us are to be documented in writing when a contract is completed Agreements made during or upon contract completion, between our employees or representatives and our customers, require our written conformation to become valid.

§ 3 – Prices, Price Increases And Payments

Our prices are always to be understood as net prices: packaging, freight, postage and value added tax as per currently valid legal regulation will be added.
For orders which are to be carried out 6 weeks or more after the completion of a contract we retain the right to charge an increased price in case purchase prices and/or wage costs increase.
We retain the right, to deliver quid per quo against payment of the agreed price(s). Our invoices are due for direct payment, net without deduction. A discount for cash payment is not permitted.
For payments made after the due date we may charge an interest rate of 8% above the current official interest base rate of the Bundesbank (German Federal Bank) without any further reminder. If payments of our contractual partner are delayed, we will charge him with the amount of our actual credit costs, at least a minimum of 8 % above the interest base rate of the Bundesbank (German Federal Bank).
Any further claims remain untouched by this regulation. Our invoices are considered accepted, if the customer does not dispute them in writing within 30 days after receipt of said invoice. We will advise the customer of this with every invoice.

§ 4 – Settlement, Right of Retention

Our invoices may not be set against counter demands which are disputed by us and/or not legally confirmed. The right of retention of payment which does not derive from the same contract may be not claimed unless such claims were recognized by us and proven to be legitimate.
In case of a deficiency complaint our customer may only withhold payment when there is no doubt about the right of complaint, and only to the value of the fault which occurred.

§ 5 – Deterioration of Assets of A Contractual Partner

We are authorized to require advance payment in the full amount of the agreed price from our customer if one of the following incidents occurs after or exists already before completion of the contract and is made known to us only afterwards: An insolvency process (either in court or out of court) in reference to the assets of the contractual partner has been submitted or the opening of such a process has been refused due to lack of assets, or, a written credit information from a bank or credit enquiry agency proving the credit unworthiness exists.
Should our contractual partner not fulfil our rightful demand for advance payment within an acceptable deadline, set by us, although we have advised him, that after the end of the deadline we will refuse acceptance of further services from him, we have the right to withdraw from the contract or to demand compensation for non-completion.

§ 6 – Dispatch, Transfer Of Risk, Insurance

All risk is transferred to the customer with the dispatch of the goods, and independently of the place of dispatch and applies as well when we are required to assemble the object(s) of delivery at the premises of the customer, unless the dispatch to the customer’s premises is executed by our own personnel.
In the case that forwarding instructions of our contractual partner are deficient or lacking or it appears to be necessary to diverge from these instructions, we will forward the goods according to our best judgement without being obliged to use the cheapest or fastest way.
We insure the forwarded goods against every insurable risk, in particular against theft and transport damage, only upon the explicit wish and instructions of our contractual partner and at his expense.
In case of transport damages we must be immediately informed. Besides, the recipient is to insure that the respective claims and reservations against the freight forwarder are submitted direct upon delivery.
In case forwarding of the goods is delayed, upon the wish of our contractual partner or out of reasons caused by our contractual partner, the goods are stored at the risk and expense of our contractual partner.
Our contractual partner pays the expense for the dispatch of goods. During the delivery of programs via electronical data transmission he pays his share of the connection costs as well as the fees occurred for the transmission of the program.

§ 7 – Delay of Acceptance By Our Contractual Partner.

Should our contractual partner cause delay in the acceptance of our service, we may either withdraw from the contract or claim compensation instead of the contractual performance after the expiry of an acceptable deadline set by us. Our legal rights resulting from acceptance delays remain unaffected.
The customer has to reimburse us for storage costs, storage rent and insurance costs for goods that are due for delivery but not accepted by him. We are not obliged, however, to insure stored goods in case of acceptance delay.
If delivery is delayed by wish of the customer, or the customer has delayed acceptance of the goods, we may charge storage fees in the amount of 0.5% of the invoice total for per month of the delay, commencing one month after announcing the readiness for delivery. We thereby retain the right to claim a higher rate for any damage which may therefore occur, unless the customer submits in writing proof that no storage fees were raised or not in the requested minimum amount.

§ 8 – Delivery Time

1. Delivery deadlines or dates are only binding, when we have confirmed them in writing.
2. Delivery deadlines may be extended within reason, in the case of force majeur or unpredictable impediments occurring after the signing of the contract and not lying within our responsibility, insofar as such impediments prove to cause a delay in the delivery of the sold object, and also in the case of delay for other reasons. Strikes and lockouts are to be considered occurrences beyond our responsibility in any case. The above regulations also apply if the delaying circumstances occur at our suppliers or sub-suppliers. In case such delivery delays last more than six weeks, our contractual partner has the right to withdraw from the contract and demand the return only of payments he has already made, while any further claims are excluded.
3. In the case of the purchaser’s failure to settle invoices on time, our delivery deadlines will be extended until the purchaser is no longer in arrears – within an ongoing business relation, this applies also for delays resulting from other contracts.

§ 9 – Delay, Exclusion of the Obligation to Deliver

In case our delivery is delayed or the obligation to deliver is excluded our liability is generally as per § 11, no. 5 with the following qualifications:
1. In case our delivery is delayed, the claims for damages by our customers are limited to a flat rate compensation of 1% of the delivery value for every completed week of the delay, with a maximum limit of 8% of the delivery value, whereby we retain the right to prove that no or only slight damage has occurred as a result of the delivery delay.
2. The customer can only claim compensation instead of delivery, if he grants us an acceptable extension of 4 weeks for delivery together with the written confirmation that goods will be refused after this. The customer retains the right to set an appropriate deadline, shorter than 4 weeks, if in agreed special cases an extension of the delivery time of 4 weeks is unacceptable for him.
3. In case our delivery is delayed, our customer has the right to resign from the contract if he grants us an acceptable extension of 4 weeks for delivery together with the written confirmation that goods will be refused after this. The customer retains the right to set an appropriate deadline, shorter than 4 weeks, if in agreed special cases an extension of the delivery time of 4 weeks is unacceptable for him. A customer’s right to resign from the contract applies only to the unfulfilled part of the contract unless the partial fulfilment is agreed to be of no use to the customer.
4. Compensation claims against us for reasons of delayed delivery or exclusion of the obligation to deliver discontinue one year after the statute of limitation has started.
5. The above liability restriction and § 11 no. 5 are not applicable if there is a damage concerning the life, the body, or the health of our contractual partner or in case of damages due to a intentional or gross negligence on our side or on the side of one of our legal representatives or deputies, or, in case of delayed delivery, if the business is a fixed date contract.

§ 10 – Cancellation of Contracts, Acceptance of Return of Goods, Compensation Instead of Performance/Delivery

In cases where we agree to the wish of our customer to cancel a given contract or where we agree to take back goods that were delivered by us and returned for reasons beyond our control and where we exempt the customer from his acceptance and payment obligations, or, where we have the right to claim damage compensation due to non-completion, we can ask 20% of the contract price for the relevant part of the delivery item as compensation, with no obligation of proof on our side. The customer retains the right to prove that no or only slight damage has occurred. Our right to claim an actual damage exceeding this basic amount, remains untouched.

§ 11 – Deficiency Liability and Damage Compensation

<ins class="two"> </ins>1. Deficiency claims by our customers may only be made if the customer has correctly followed the examination and complaints obligations as described in §§ 377 and 378 HGB (German Trading Code). The complaint must be made in writing.
If the customer fails to submit a correct and timely complaint, he cannot validate claims due to the above described conditions, unless we have acted fraudulently.
2. In case our performance or product is deficient, the rights of the customer are, in principle, as defined by the legal regulations, if he grants us an acceptable extension of 4 weeks for delivery together with the written confirmation that goods will be refused after this. The customer retains the right to set an appropriate deadline, shorter than 4 weeks, if in agreed special cases an extension of the delivery time of 4 weeks is unacceptable for him.
The term for later fulfilment does under no circumstances start before the customer has returned the deficient goods to us. We will in this case take over the cost of sending the goods back.
If only a part of the goods delivered by us is deficient the right of the customer to resign from the contract is limited to the deficient part unless such limitation is considered impossible or unacceptable.
Any claims made by the customer for reasons of deficiency of goods or products delivered will discontinue one year after delivery/acceptance of such goods. Regarding damage claims and the claim for compensation of costs the legal terms apply if there is a damage to life, body, or the health of our contractual partner or in case of damages due to a intentional or gross negligence on our side, on the side of one of our legal representatives or deputies, as well as in a case where we fraudulently concealed the deficiency.
Apart from this, claims of damage compensation will be limited to the amounts described in the following under no. 5.
3. The guarantee is not valid for programs or program segments that have been altered or expanded by our customer, unless our customer proves that such alterations or expansions are not the reason for the fault.
4. In case a contract between our contractual partner is to supply only software programs, interfaces or other goods to our contractual partner for third parties simply against reimbursement of distribution costs (e. g. postage, duplication expenses) we assume no fault free guarantee for such products.
5. Our liability for damage to life, body or the health of our contractual partner due to an intentional breach of duty on our side is neither excluded nor restricted. For other damages to our contractual partner due to breach of duty by gross negligence we are only liable in case of the breach of essential duties of the contract, limited to damages which could under normal circumstances be predicted in the case of such contract (fair and reasonable claim).
Other compensation claims of our contractual partners for reasons of breach of duty, impairment of performance, unauthorized activity or other legal reasons are excluded.
The above liability restrictions do not apply if guaranteed features of our delivery are lacking if and insofar as the guarantee had the purpose to prevent the partner from damages other than direct damage to the delivered goods. Wherever our liability is excluded or restricted this also applies for the personal liability of our employees, agents or representatives. The above liability exclusions are in any case also valid for subsequent damage. However, the above liability exclusions are not applicable to claims resulting from the law of product liability.
6. The customer is obliged, in his own interest of data storage and security, to apply data saving procedures at appropriate regular intervals. If he fails to do so, we are only liable for damage that would also have occurred in spite of correct and regular data saving procedures.

§ 12 – Producer Liability

Regardless of all other rights of exemption and/or compensation for damage, particularly according to §§ 437, 440, 478 BGB (German Civil Code) or for other legal reasons our contractual partner is to exempt us from all damage compensation(s), that may be claimed by third parties due to the regulations regarding unauthorised activity or product liability for deficient goods produced and/or delivered by us, insofar as damages could also be claimed against our contractual partner or are no longer valid simply because the statute of limitation was reached in the meantime. Under such conditions, our contractual partner must also exempt us from the costs of legal disputes, that may be filed against us in connection with such claims.
The above-mentioned regulations are not valid, in the case of intentional or gross negligence on our side in reference to the deficiency or fault.

§ 13 – Right of Retention

<ins class="one"> </ins>1. Goods delivered remain our property until all current or future obligations of our contractual partners are fulfilled. We may agree to waive this security upon request, if the nominal value of our contractual partner’s debt is considerably higher than 20 % of our debt.
2. We will retain the right to any of our products which are re-processed or rebuilt, without any obligation on our side. In case a product delivered by us is being processed with other means not belonging to us, we obtain co-ownership rights of the newly created product in proportion to the invoiced amounts for the other means and the goods delivered by us, as soon as the goods are re-processed.
In cases where our products are being connected with other movable products and make one new product, and the new product is to be regarded as main product our contractual partner grants us proportional co-ownership, insofar as the main product belongs to him. In the case that a transfer of the goods is necessary to obtain co-ownership this procedure will be replaced by the agreement that our partner safeguards the product for us like a hirer or, if he does not own the product, transfers his right to the product to us, in advance. Products/Goods to which we have a right of (co-) ownership according to the above regulations will be referred to as “reserved goods” or “products” hereafter.
3. Our contractual partner has the right to sell reserved products in the course of business or to use the reserved product as a component of a new product. Our partner transfers the claims resulting from the sale or use or from other legal reasons of the reserved product in advance to us, completely or in proportion to the (co-)ownership ratio. If such claims are included in ongoing invoices the transfer of rights must also be included in such invoices. Cession of claims will be made in chronological order.
Retaining the right of revocation we authorize our contractual partner to collect the transferred financial claims for us. Our contractual partner is obliged to transfer any collected amounts immediately to us, insofar and as soon as our claims are due. Insofar as our claims are not due our partner has to document the amounts collected by him and belonging to us separately. We retain the right to request the claims directly. We will not claim this right as long as our partner fulfils his payment duties resulting from the collected payments and there is no payment delay on his side and no insolvency process or cessation of payments. In this case, however, our partner is obliged to make the transferred claims and the debtors known to us, to give us the relevant documents and to inform us about all facts necessary for the collection of the payments. He is also obliged to inform the debtor about the transfer of the claim. The rights of our partner to re-sell, process, combine, connect or built in reserved products and to collect our payment claims discontinue with the stop of payment, the application for or the opening of an insolvency process or in or outside of court, without our explicit revocation of these rights.
4. Our contractual partner must immediately inform us if third parties attempt to claim any rights to the reserved product or the transferred claims and must pay for any costs of intervention necessary.
5. Our contractual partner must handle reserved products with care, in particular to adequately insure them to their original value against fire, water, or theft at his expense.
6. If our partner acts contrary to the contractual regulations – particularly in the case of payment delay – we have the right to take back the reserved products at his cost or to request the transfer of his right to get reserved products back from third parties. Taking back or impounding reserved products by us does not mean we resign from the contract, unless we explicitly state so in writing.
7. Should our reservation of ownership lose its validity because the product is sold abroad, or should we lose our reservation of ownership for any other reason, our contractual partner is obliged immediately to grant us another way of securing the reserved product or another kind of security which is valid in the country of the purchaser, and comes as close as possible to German law.

§ 14 – Transfer

<ins class="one"> </ins>Transfer of any kind of claims against us is only permitted with our written authorisation.

§ 15 – Software Rights

1. Our contractual partner is granted a non-exclusive and non-transferable right of use of the products and the accompanying documentation as well as the corresponding amendments, within his operation only. We retain all other rights concerning programs and their documentation including copies and amendments. Our contractual partner is to insure that programs and their documentation are in no way made available to third parties without our previous written consent. Our customer may only request copies for archive or replacement purposes, or for error detection. The supply of source codes requires a specific written agreement.
2. Our contractual partner commits himself unconditionally to the retention of secrecy of all programs, program sections and information recorded in the program and - insofar as this is not necessary to fulfil the purpose of the contract – he will not record, distribute or employ them. The customer is to insure that his employees and/or representatives refrain from all personal use, redistribution or unauthorised recording by means of appropriate contractual agreements with these persons.
3. Contractual Penalty
In any case of intentional violation of the above clauses 1 and 2, our customer will be liable to a penalty of 10 % of the contract amount. In case of such violation, guilt is assumed, unless the customer can prove that the violation occurred unintentionally. We retain the right to validate actual damages exceeding that amount.
4. Installation
We will install the programs for our customers, separately invoiced; the customers must supply the necessary operational hardware, an operating system software and the necessary specialist personnel for the duration of the installation.
We ensure that using the software in accordance with the contractual agreements does not violate the copyrights of third parties and we can be held liable for that. We exempt our customers from claims for damage compensation in cases where the use of the programs in accordance with the contract, violates the copyrights of third parties.
Both we and the customer will inform each other immediately, if a third party claims a violation of copyrights. The customer entrusts us with the decision about legal defence measures or settlement proceedings.
Taking the special conditions of the customer into consideration, we have the choice to obtain the license, to alter, or, if necessary, to replace the software in case a contract-conforming use of the software influences the copyrights of a third party. If we cannot clarify the rights of the third party, for whatever reason, the customer has the right to cancel the contract or reduce the price.

§ 16 – Program Alterations

We retain the right, to alter, further develop, and improve the program(s) or to replace it (them) by new developments. We are prepared but not obliged to carry out alterations or adjustments. Should the customer desire alterations or adjustments we have the right to charge a reasonable fee.

§ 17 – Software Return and Deletion

If the software contract or the contract of use ends, the customer must delete all programs given to him within one month, including adjusted and altered versions as well as copies and all documentation. He has to return all data carriers given to him. The customer must confirm to us in writing the completed deletion.

§ 18 – Secrecy

1. The customer must maintain unconditional secrecy regarding all information, documentation, business or company secrets obtained from us in connection with the contract between him and us, whether they are known or otherwise accessible or becoming accessible. Such information may not be recorded, distributed or otherwise employed, insofar as this is not necessary to fulfil the purpose of the contract.
Excepted from this is information forming part of the general level of technology, information which is otherwise generally available, or information being already in the legal possession of the customer or which he has rightfully obtained from third parties.
The customer is obliged to assure that his employees, representatives or agents, his independent sub-contractors or suppliers also uphold the secrecy agreement, insofar as they have access to information, documents, business and company secrets through their work, by the appropriate measures.
2. In every case of culpable violation against the obligations mentioned under clauses 1 and 2, a customer owes us a contract penalty of 10 % of the contract amount. In case of a violation guilt is assumed unless the customer can prove that the violation occurred without intention. We retain the right to validate a further damage.

§ 19 – Place Of Completion, Court Of Jurisdiction, Applicable Law

The place of completion and exclusive Court of Jurisdiction for deliveries and services including complaints regarding cheques and bills of exchange as well as all possible disputes arising between the contractual parties is the registered office of Christian Sprajc in Germany, but we retain the right to prosecute a customer at another Court of Jurisdiction, at whatever court he is subject to, in compliance with § 12 ff. ZPO (German Legal Code).
The relations between the contractual partners are exclusively regulated by the laws for the Federal Republic of Germany under exclusion of the international purchasing laws, in particular the UN-purchasing laws, and other international agreements for the unification of the purchasing law.

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