Appendix E: License Agreement

Sharity 2
Objective Development End User License Agreement

Version 2004-01-27

IMPORTANT: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND OBJECTIVE DEVELOPMENT. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

1 DEFINITIONS

1.1 "OBJECTIVE DEVELOPMENT" means OBJECTIVE DEVELOPMENT Software GmbH.

1.2 "SOFTWARE" means the software program(s) and associated software components supplied by OBJECTIVE DEVELOPMENT herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.

2 LICENSE GRANTS

2.1 Installation and Use. You may install and use ("RUN") a copy of the SOFTWARE on as many computers as the properties of the license key permit.

2.2 Network Installation. You may also install a copy of the SOFTWARE on a network server, used to RUN the SOFTWARE on your other computers over an internal network. However, you must acquire and dedicate licenses for each separate computer on which the SOFTWARE is RUN from the server.

3 LICENSE TYPES

3.1 Evaluation License. Unless a license key has been installed in order to establish a specific kind of license, the free Evaluation License allows you to RUN a limited version of the SOFTWARE for test and evaluation purposes.

3.2 Home User License. The Home User License is restricted to private or non-commercial / non-profit use.

3.3 Business License. The Business License allows you to RUN the SOFTWARE in a commercial, non-private environment.

4 LICENSE RESTRICTIONS

4.1 Distribution. You may not distribute copies of the SOFTWARE or the license key to third parties.

4.2 Secrecy. As the owner of a license key you are responsible for keeping this key secret. If any third party gets access to your license key due to willful or negligent act, you are liable for the damage that arises to OBJECTIVE DEVELOPMENT.

4.3 Reproduction. Except for backup and installation purposes the SOFTWARE must not be reproduced on any type of media (including, but not limited to, CD-ROM, DVD or internet download) without the formal approval from OBJECTIVE DEVELOPMENT.

4.4 Not for Resale Software. If the SOFTWARE is labeled "Not for Resale" or "NFR", then you may not sell, or otherwise transfer for value, the SOFTWARE.

4.5 Rental. You may not rent, lease, or lend the SOFTWARE or otherwise encumber any copy of the SOFTWARE, or any of the rights granted herein.

4.6 Transfer. You may not transfer your rights under this EULA to another end user without OBJECTIVE DEVELOPMENT's prior written consent. If such consent is obtained, you may permanently transfer this License to another end user provided you transfer the entire SOFTWARE to such end user, and you do not retain any copies. The recipient of such transfer must agree to all terms and conditions of this EULA.

4.7 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not expressly granted.

4.8 Non-Exclusive Rights. Your license rights under this EULA are non-exclusive.

5 COPYRIGHT AND OWNERSHIP

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

6 TERMINATION

This EULA shall continue for as long as the SOFTWARE is used according to the terms of this agreement. However, OBJECTIVE DEVELOPMENT may terminate this EULA and revoke the granted license if you fail to comply with any of its terms and conditions. In such event, you must destroy all copies of the SOFTWARE. The limitations of warranties and liability set forth in this EULA shall continue in force even after termination.

7 DISCLAIMER OF WARRANTY AND LIABILITY

LIMITED WARRANTY. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.