END-USER LICENSE AGREEMENT FOR SOFTWARE LICENSES

Scope of the End-User License Agreement

This Software and the accompanying documentation are protected by copyright law. To use this Software, you must have been granted the necessary rights.

Microsoft, Windows, Windows XP, Windows Vista, Windows 7, Windows 8, Office, Windows Logo, Visual Studio .Net Logos are products, registered trademarks or protected names of Microsoft Corporation in the USA and/or in other countries. Other products and brand names can be products and/or brands of their respective owners. This End-User License Agreement refers exclusively to Bareta products installed by you.

By checking the box 'I accept the license conditions', you agree to be bound by these end-user license provisions. It is only once you accept that you may use the Software. If you do not agree to the license provisions, cancel the installation. You will not be permitted to use the Software.

PART A - General License Provisions

1. Scope of Usage

1.1 Usage rights

a. Standard version

You have the simple, non-exclusive right to use the Software for your own purposes for an unlimited period of time: you are entitled to install and use one copy of the Software on one computer, unless you have been provided with a different number of licenses in the sales package/in the authorized e-shop/or in the accompanying documents. If this is the case, you are entitled to install and use one copy of the Software on one computer per license supplied.

As a license holder, you must ensure that no unauthorized access can be made to the product key provided to you to activate the Software (hereinafter referred to as the 'Product Key'). In particular, any publication of the Product Key is forbidden.

Use of the Software in this End-User License Agreement is considered any long-term or temporary, complete or partial reproduction (copying) of the Software by any act of saving, loading, running or displaying for the purpose of running the Software and processing the data contained in the Software by a computer. You are also permitted to perform the above actions for the purpose of observation and inspection or testing of the Software.

You are permitted to make a backup copy of the Software and reasonable data backups to the extent that this is necessary to ensure future use of the Software.

b. Trial versions

For trial versions, the following terms are changed:

You have the simple, non-exclusive right to use the Software for your own purposes for a limited period of time. After the trial period has expired, the Software can no longer be used, or only with restrictions.

Distribution of Software versions of this product that Bareta has explicitly declared to be a 'trial version' is allowed, as long as no sale, rental or other paid distribution takes place. A message regarding distribution or publication is requested. The trial version may be installed and used on an unlimited number of computers at the same time.

The purchase of an activation key
- for a single installed trial version or
- if the activation key is for a certain number of trial versions -
upgrades the corresponding number of trial versions to the full version. The user is then permitted to use the Software beyond the authorized trial period. For the full version, the provisions listed under a. regarding the scope of use as well as this End-User License Agreement come into effect.

c. Volume license

For volume licenses, the following terms are changed:

You have the simple, non-exclusive right to use the Software within an organization.

All licenses purchased as part of the acquisition of Software Volume License may
- only be used on PCs within a commercial or official organization (company, association, public authorities) and
- not be used by private consumers.

e. OEM version

If the word 'OEM' is written on the cover of the CD containing the Software, on the disk itself, or on a pre-installed version of the Software, this means you have purchased a copy of the Software from a Bareta OEM partner.
This also applies if you have downloaded the Software.

This Agreement allows you to use a copy of the OEM Software acquired with this License on any computer ('OEM License'), provided the Software is only used on one computer at a time. If you have acquired a multi-user license for the OEM Software, you are entitled to use as many copies of the Software at the same time as the number of licenses you own. The Software is considered as 'used' on a computer if it is loaded to the RAM or installed in the main memory (e.g. the hard disk, CD-ROM or on another storage media) of this computer; whereas however a copy that is exclusively installed for distribution to other computers on a network server is not considered as 'used'.

1.2 Decompilation
Without the permission of the copyright owner, you are not permitted to reproduce the code or a translation of the code into another programming language or in the original source code, unless this is necessary in order to gain information needed to maintain interoperability between an independently developed computer program and other programs, insofar as the following conditions are met:

a) The actions are performed by a license holder or another person who is authorized to use a reproduced part of the program, or performed in the name of a license holder by an authorized person;
b) The necessary information for maintaining interoperability has not been made easily accessible for the persons named in a;
c) The actions are limited to the parts of the original program that are necessary for maintaining interoperability.

Information obtained in this way may not

a) be used for other purposes aside from maintaining interoperability with the independently developed program
b) be given to third parties, unless this is necessary for the interoperability of the independently developed program,
c) be used for the development, production or marketing of a program with generally similar features or for any other actions that infringe on the copyright.

1.3 The translation, development or other form of change to the Software and the creation of works derived from the Software is reserved exclusively by Bareta. This does not affect the customer's right to error correction, provided this error correction is necessary for the normal use of the Software.

1.4 The granted usage right does not permit you to reproduce the Software beyond the scope described above, to distribute it or to make it available in any other fashion to third parties. In particular, you are not permitted to rent, lease or loan the Software, or to offer commercial services to third parties such as hosting, computer pool operation or as an office service with the use of the Software.

1.5 Use that is beyond the scope of the usage described above represents a breach of contract.

1.6 Copyright and other property right notices within the Software may not be removed or changed. They are to be included with every copy.

2. Transfer of the Software

The licenses acquired by you as Volume Licenses (1.1c) You may only transfer the Volume Licenses to a subsequent user in full (i.e. for 6 acquired licenses only all 6 together, not just 1 or 2 individual licenses) and without granting any further usage rights other than the rights granted by this End-User License Agreement.

With the transfer of the Software, you lose the right to use it; this right is transferred to the new user. You are then required to delete or otherwise destroy all copies and partial copies of the Software as well as changed or edited versions of the Software including any copies or partial copies in a complete and timely manner. This also applies to your backup copies.

Software marked 'Not-For-Resale (NFR)' or similar ('NFR Software') and Software marked as a trial version, must not be transferred for money. NFR Software is not intended for sale. NFR Software may only be given to third parties for testing purposes.

3. Support

Support for your Software in the form of technical help with software problems or software troubleshooting and improvement as well as application support can be obtained at the contact information listed at support@baretadev.com.

Technical support which goes beyond the simple correction of defects as part of the warranty is provided for a 12-month period after the activation of the software without any additional fees by entering the product key.

4. Term of the Agreement

This Agreement is made for an indefinite term.

Compliance with this Agreement is essential for the lawful use of the Software and the related elements. If an end user breaches any of the obligations in this Agreement, Bareta is entitled to terminate the Agreement extraordinarily and with immediate effect.

Important grounds to justify an extraordinary termination include in particular the improper use of the Software or the trial version in electronic format. Improper use occurs when the Software or trial version is published or transferred in conjunction with contents and products that are fraudulent, damaging to competition or to rights of third parties. On Bareta's request, you must in this case refrain from using, transferring and publishing the Software and/or trial version immediately. You furthermore undertake to remove all copies of the trial version from your PC or PCs completely and permanently, and destroy any other copies of the Software or trial version that you own.

PART B - Provisions when Purchasing Software via Bareta

In the case that you have acquired the Software - either the full Software or a part of the program such as an update (a program component for fixing errors or introducing new functionalities, not a completely new and independent program version), referred to as 'Software' - from Bareta, the following provisions in paragraphs 5 to 7 apply, provided that you declare your agreement to the application of this End-User License Agreement.

If you have not acquired the Software through Bareta, the following provisions do not apply. In this case, the provisions and conditions apply, which were or will be agreed between you and your retailer for the purchase of the Software through your retailer.

5. Warranty

5.1 Since no Software is free of defects, we urgently recommend that you back up your data regularly.

5.2 Correction of defects by T-REX may also take place in the form of instructions given by telephone, in writing or via electronic means, insofar as this does not unacceptably infringe on your use of the Software or its functions.

5.3 If Bareta is not able to bring the Software into a condition considered free of defects as described in 5.1 above within a reasonable amount of time, or if Bareta makes a final and binding decision not to repair the defects, you are entitled to choose between a reduction in the purchase price, or return of the Software in exchange for a refund of the purchase price.

5.4 Bareta is not required to repair defects if the defects can be traced to editing and/or changes to the Software made by you. You do, however, have the opportunity to prove that the defects in the Software that have occurred did not result from editing or changes made by you. In this case, T-REX will repair the defects in accordance with the provisions in this section.

5.5 Your warranty claims against T-REX expire two (2) years after you obtained the Software from T-REX. This is not valid if Bareta has concealed a defect or a lack of software functionality with malicious intent. In such cases, the warranty period shall extend for three (3) years and begins at the end of the year in which you receive the Software.

5.6 The prior provision regarding warranty periods is valid from your claims to repair of defects in the Software that are ceded to you in the sense of replacement, or to support services. For these cases, a new limitation period begins starting from the point in time that you received the improved version in accordance with the prior provisions.