ENDUSER-LICENCE AGREEMENT FOR ANYFORM-SOFTWARE

IMPORTANT - PLEASE READ CAREFULLY: This AnyForm-Enduser-Licence Agreement ("EULA") is a legally binding Contract between yourself/yourselves (either as private person or as a corporate entity) and SmartForm GmbH covering the above mentioned SmartForm-SOFTWAREPRODUCT, the respective medias and the printed material including any possible documentation in "online"- or electronic format ("SOFTWAREPRODUCT" or "SOFTWARE"). By installing, copying or using the SOFTWAREPRODUCT for other purposes, you expressly agree to the provisions of this EULA.

SOFTWAREPRODUCT-LICENCE

The SOFTWAREPRODUCT is being protected by copy right and international treaties on copy rights as well as by other laws and contracts on immaterial property. Note that the SOFTWAREPRODUCT is not being sold, but only licensed.

This Licence Agreement consists of three parts. Part I applies, if you have obtained a free 30 days limited trial version of the enclosed SOFTWARE. Part II applies, if you have purchased a licence for this SOFTWARE. Part III applies for all type of licences. Within this agreement "licensor" is defined as follows: If you have acquired a product or a service of a third party which contains this software, then licensor refers to this third party. If not, SmartForm GmbH is the licensor.



PART I - PROVISIONS; IF THE LICENCE FEE HAS NOT BEEN PAID YET (EXCLUSIVELY FOR EVALUATION PURPOSES)

LICENCE GRANTING: The licensor grants you a non-excluvise licence for a free of charge use of the SOFTWARE if you use the SOFTWARE only in order to evaluate, whether you should purchase a licence against payment for a regular using of the SOFTWARE. The evaluation period is limited to thirty (30) days. If you fulfill the aforementioned provisions you are entitled to use the SOFTWARE within the extent of the licence granted as described in Part III.

WAIVER OF WARRANTY: Since the SOFTWARE has been provided free of charge, it will be made available to you only on an "AS IS"-Basis (as enclosed) without any warranty whatsoever. No warranty will be assumed for the SOFTWARE beeing free from any material or legal defects, its suitability for a specific purpose or specific application or for its re-saleableness. You will therefore use the SOFTWARE with regard to quality and performance at your own risk. Should the SOFTWARE prove to be defective, any possible service - or repairing costs shall solely be to your account and not to the the account of the licensor or his agent/distributor. Moreover there are specific limitations due to the SOFTWARE´s inner security mechanisms. You therefore have to make you sure in advance, whether the SOFTWARE meets your requirements. This waiver of warranty represents a substantial part of this Contract. The use of the SOFTWARE without paying any licence fee is prohibited, except according to the provisions of this waiver of warranty.

PART II - PROVISIONS, IF THE LICENCE FEE HAS BEEN PAID

LICENCE GRANTING: Against payment of the applicable licence fee the licensor grants you a non-excluvise licence for the use of the SOFTWARE and the enclosed documentation (the "documentation") within the extent of the licence granted as described in Part III.

LIMITED WARRANTY: The licensor warrants during a period of ninety (90) days from the date of purchase, that the SOFTWARE, provided that it is being operated according to the given instructions, in essence fulfills the functionality as described in the documentation. However, the licensor does not warrant that the SOFTWARE runs securely without any interruptions and free from any defects. Moreover there are specific limitations due to the SOFTWARE´s inner security mechanisms. You therefore have to make sure in advance, whether the SOFTWARE meets your requirements. The licensor warrants further, that the medium containing the SOFTWARE, provided it has been supplied by the licensor, shall remain free from any material or manufacturing defects for a period of ninety (90) days from the date of purchase. The sole liability of the licensor for an infringement of the warranty consists only in (i) replacing the defective medium or (ii) in advising you how to achieve the same functionality as described in the documentation or (iii) in case these measures should fail, to reimburse to you the paid licence fee. On repaired, corrected or replaced SOFTWARE or documentation there will be an addtional limited warranty period of thirty (30) days from the date (a) of the receipt of the replaced or corrected SOFTWARE or (b) from the date when you have been advised how to achieve the same functionality as described in the documentation.

The licensor shall only be liable for warranty, if you inform him on your problem with the SOFTWARE during the applicable warranty period and show evidence on the date when you purchased the SOFTWARE. The licensor will adequately strive after improvement, replacemnt, support or in certain cases after reimbursement according to the aforementioned warranty within thirty (30) days after receipt of the respective advice.

If you effect any amendments on the SOFTWARE during the warranty period or if the medium containing the SOFTWARE is subject to an accident, misuse or improper handling, or if you infringe the provisions of this Contract this warranty will end immediately. Furthermore this warranty does not apply if the SOFTWARE is not being used strictly in accordance with the instructions given in the documentation.

THIS IS A LIMITED WARRANTY AND REPRESENTS THE ONLY WARRANTY WHICH IS BEING GRANTED BY THE LICENSOR OR BY HIS DISTRIBUTORS: THE LICENSOR DOES NOT OFFER ANY OTHER EXPRESS OR IMPLICIT WARRANTIES BUT LIMITED TO THE WARRANTY OF RE-SALEABILITY, SUITABILITY FOR A SPECIFIC PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS.
NO DISTRIBUTOR, NO AGENT, NO EMPLOYEE OF THE LICENSOR IS AUTHORIZED TO AGREE ON ANY AMENDMENTS, EXTENSIONS OR ADDENDA IN RESPECT TO THIS LIMITED WARRANTY.


PART III - PROVISIONS, WHICH ARE VALID FOR ALL TYPE OF LICENCES

1. Scope of grant

You may:

* use the SOFTWARE on any single computer.
* use the SOFTWARE on a network, provided that each person accessing the software through the network must have a copy licenced to that person.
* use the SOFTWARE on a second computer so long as only one copy is used at a time;
* copy the SOFTWARE for archival purposes, provided any copy must contain all of the original SOFTWARE´s proprietary notices; or
* if you have purchased a multiple licence or licences for a 10 Pack or a 50 Pack, make multiple copies or up to 10 or 50 copies of the SOFTWARE (but not the documentation) as evidenced on the remittance or on the dispatch list, provided that any copy must contain all of the original SOFTWARE´s proprietary notices. The number of copies is the total number of copies that may be made for all platforms. Additional copies of the documentation may be purchased from the licensor.



* transfer the SOFTWARE: You are authorized to transfer all rights out of this EULA durably, provided that (a) you do not keep any copy of it, (b) you assign the entire SOFTWARE including media and printed material, updates and (c) the recipient fully and unconditionally agrees to the provisions of this EULA. If the SOFTWAREPRODUCT is an update, then each transfer must contain also all preceding versions of the SOFTWAREPRODUCT.


You may not:

* permit other individuals to use the SOFTWARE except under the terms listed above;
* permit concurrent use of the SOFTWARE;
* modify, translate, reverse engineer, decompile, dissassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the SOFTWARE;
* copy the SOFTWARE other than as specified above;
* rent, lease, grant a security interest in, or otherwise transfer rights to the SOFTWARE; or
* remove any proprietary notices or labels on the SOFTWARE.


2. Updates: If the SOFTWAREPRODUCT is an update of a SmartForm GmbH product, you are obliged to use the updated product only in accordance with the provisions of this EULA.


3. Termination: Irrespective of any other rights, SmartForm GmbH is entitled to terminate this EULA, if you act against its provisions. In such a case you are obliged to destroy all copies and components of the SOFTWAREPRODUCT.


4. Copyright: The property and the copy right on the SOFTWAREPRODUCT (including, but not limited to any pictures, photographies, animations, videos, audios, music, text and applets, which are included in the SOFTWAREPRODUCT), on the printed material and on all copies of the SOFTWAREPRODUCT remain with SmartForm GmbH or with its distributors.


5. Software on two saving media: It may be that the SOFTWARE is contained in more than one saving medium. Irrespective of the type and size of the received media you are only entitled to use the one medium, which fits to your computer. You are not allowed to transfer the other medium to a third party, unless this is part of a durable transfer of the entire SOFTWAREPRODUCT as described above.


SmartForm GmbH
Industriestrasse 44
CH-8304 Wallisellen
Switzerland - EUROPE

Phone: +4144262 44 30
Fax +4144262 44 39
Mail info@smartform.com
www.smartform.com