IMPORTANT: PLEASE READ CAREFULLY !

SOFTWARE END USER LICENCE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE.

[BY INSTALLING OR USING THE SOFTWARE][BY CLICKING ON THE "YES" BUTTON BELOW] YOU AGREE TO BE BOUND BY AND TO USE THE SOFTWARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS LICENCE. [IF YOU DO NOT AGREE, PLEASE CLICK THE "QUIT" BUTTON AND RETURN THE SOFTWARE IN ITS PACKAGING FOR A REFUND]

Infotec Deutschland GmbH, ("Infotec") Kessel Straße 19, 70327 Stuttgart, Germany, grants you a non-transferable, non-exclusive, royalty free licence to use the Infostream software ("Software") and accompanying documentation ("Documentation") on and subject to these terms and conditions as follows:

You are permitted to:

i) load the Software onto and use it on a single computer which is under your control (regardless of whether the Software is provided on one or more media) and use it solely for processing your own data for your own internal business purposes;
ii) transfer the Software to another computer, provided that it is only used on one computer at any one time;
iii) use the Software on a computer network provided you have purchased such number of copies of the Software equal to the maximum number of copies of the Software in use on that network at any one time;
iv) make up to 3 copies of the Software for back-up purposes only in support of the permitted use. The copies must reproduce and include the owner's copyright notice.

You are not permitted to:

i) load the Software onto a network server for the purposes of distribution to one or more other computers on that network or to effect such distribution;
ii) except to the extent permitted by law or otherwise expressly permitted in this Licence, to use the Software on behalf of third parties, or to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or the Documentation or use, reproduce or deal in the Software or any part thereof.
iii) make or have made, or permit to be made, any copies of the Software or portions thereof, except as expressly permitted in this Licence.

This Licence will apply to any upgrades or replacement versions of the Software which are supplied to you from time to time.

TERM: This Licence is effective from the date on which you first use the Software or Documentation until you terminate it by destroying the Software and Documentation together with all copies, unless earlier terminated in accordance with the termination provisions below.

TERMINATION: Infotec may terminate this Licence if you commit any material breach of its provisions. Unauthorised use, copying or disclosure of the Software will constitute a material breach of this License. Termination will be without prejudice to any other right or remedy of Infotec. In the event of termination, you agree to promptly destroy all copies of the Software and Documentation and to erase all copies of the Software from the hard drive of any computer on which the Software is stored.

PROPRIETARY RIGHTS: You acknowledge that the copyright and all other intellectual property rights in the Software and Documentation and any copies of them (including but not limited to any images, photographs, animation, video, audio, Music, text, and applets incorporated into the Software) are owned and shall, at all times remain owned by Infotec or its third party licensors except that you own the media on which the Software is recorded and you may retain the media on termination of this Licence provided that the Software has been erased. - The Software is protected by copyright and trademark laws and international treaty provisions. You must treat the Software like any other copyrighted for archival purposes, and you may not copy the Documentation. You may not remove, modify or alter any Infotec copyright or trademark notice from any part of the Software or Documentation, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the Setup Wizard dialog or 'about' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the Software.

LIMITED WARRANTY: Infotec warrants that for a period of ninety (90) days from the date of purchase from Infotec or its authorised reseller:

i) the media on which the Software is supplied will be free from material defects under normal use; and
ii) that the Software will perform substantially in accordance with the Documentation (under normal use and with the operating system for which it was designed) and that the Documentation correctly describes the operation of the Software in all material respects.

Infotec does not warrant or represent that the Software or the Documentation will meet your specific requirements, that the operation of the Software will be uninterrupted or error free or that defects will be corrected. If you notify us of any significant errors during the warranty period set out above, we will endeavour to correct any such demonstrable errors in the Software or Documentation within a reasonable time or, at our sole option, we will refund an amount equal to the sum paid by you for the Software. The above represents your sole remedies for any breach of our warranties under this Licence.

The express terms of this Licence are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which (including any implied term of satisfactory quality or fitness for purpose) are excluded to the fullest extent permitted by law.

LIMITATION OF LIABILITY: except to the extent permitted by law, Infotec shall not be liable to you in contract, tort (including without limitation negligence), or otherwise for any indirect, consequential or special loss or damage or for any loss of profit, revenue, turnover or bargain or damage to reputation arising out of or in connection with this Licence. [In respect of any other claim, Infotec's liability shall not exceed twice the amount paid by you for the software.

GENERAL

You will treat as confidential and keep the Software and the Documentation secret and not disclose them to any third party except

• any auditors or professional advisors provided such persons are under equivalent obligations of confidentiality and you procure they comply;
• to the extent required to any court of law or other competent authority.

This Licence contains the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangements whether oral or written between the parties in respect of the subject matter of this Licence. The parties acknowledge that they have not entered into this Licence in reliance on any representation not expressly set out in this Licence and none of the parties shall be liable in respect of any representation made prior to and not contained in this Licence unless it was made fraudulently.

Any failure of either party to enforce or to exercise, at any time or for any period of time, any term or any right arising pursuant to this Licence does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party's right to enforce and exercise it.

Unless expressly provided in this Licence, no term of this Licence is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

This Licence shall be governed by and construed in accordance with English law and each of the parties irrevocably submits for all purposes in connection with this Licence to the exclusive jurisdiction of the English courts.

If any provision of this Licence is held to be invalid, the remainder of this Licence shall continue in full force and effect.