envi.con KG
COMBINER
SOFTWARE LICENSE AGREEMENT

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE OPENING THE ACCOMPANYING SOFTWARE (THE "SOFTWARE") PACKAGE OR CONTINUING WITH THE INSTALLATION PROCESS OF THE SOFTWARE. BY ORDERING 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 ORDER.

1. License. If you have purchased a license to the Software, envi.con KG ("envi.con") grants you a non-exclusive right and license to use the Software and the related documentation (the "Documentation") as set forth in this Agreement.

You may use the Software on a single computer. You may also use the Software on a second (portable or home) computer so long as only one copy is used at a time. You may make a single copy of the Software for backup and archival purposes only provided that any copy must contain all proprietary notices included in the original. You may use the Documentation to assist in your use of the Software. If you download the Software without physical delivery of Documentation, you may review the Documentation online, but you may not make further copies of the Documentation. You own the media on which the Software is recorded, but not the Software itself or any copy of it. This license is not a sale of the original or any copy of the Software.

You are allowed to redistribute the archives, you produce with Combiner, including the builtin extractor. All other files are only licensed to develope your packages. Any manipulation of the builtin extractor is prohibited.

If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, envi.con grants you a non-exclusive license to use the Software free of charge for the purpose of evaluating whether you wish to purchase an ongoing license for the Software.

WARNING: envi.con disclaims all liability and responsibility for any loss of data or other information which may occur as a result thereof.

2. Copying, Transferring or Modifying Software. The Software contains copyrighted material, trade secrets and other proprietary intellectual property. You may not permit concurrent use of the Software unless each user has an applicable license. You may not permit other individuals to use the Software except under the terms listed above. You may not decompile, disassemble, reverse-engineer or otherwise display the Software in human-readable form. You may not modify, translate, rent, lease, distribute or lend the Software, and you may not sell to others the right to use the Software on your computer. You may not remove any proprietary notices or labels on the Software. You may not copy, transfer, transmit, sublicense or assign this license or the Software except as expressly permitted in this Agreement. You agree that the terms of this paragraph apply to the Software or any portion thereof, whether owned by envi.con or envi.con licensors.

3. License to Use Content. All artwork, graphics, icons, Quick Scripts, examples and other files contained in the Software, (collectively, the "Content"), are copyrighted material owned by envi.con or its licensors. envi.con grants you a non-exclusive right and license to: (i) incorporate object code copies of the Content into your own works created using the Software in accordance with the Documentation, such as your own web site or a web site you design for someone else (the "User Works"); (ii) duplicate the Content to the extent it is embedded in the User Works, in object code form only; (iii) and distribute or display the Content to the extent it is embedded in the User Works, in object code form only. You have no right to, and agree not to, duplicate, distribute, display or use the Content or any portion thereof (whether on a web site or through any other medium, and whether separately or as part of another product or work), other than as embedded in the User Works created using the Software and as set forth in this Agreement.

4. Term. If you have purchased a license to the Software, this Agreement and license are effective from the time you accept the terms of this Agreement until this Agreement is terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately and without further notice if you fail to comply with any provision of this Agreement. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason. Upon termination, you agree to destroy all copies of the Software.

If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, this Agreement and license are effective until the purchasing date or until ending evaluation.

5. Limited Warranty. If you have purchased a license to the Software, if the Software is delivered using a computer storage media such as a CD ROM or diskette, envi.con warrants that the media on which the Software is furnished will be free from defects in materials fand workmanship under normal use for ninety (90) days from the date you received the Software, as shown by your receipt. This warranty is limited to you and is not transferable. This warranty does not cover damage caused by improper use or neglect. envi.con entire liability and your exclusive remedy shall be, at envi.con option (i) to replace the defective media; (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) to refund the license fee you paid for the Software. If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, envi.con makes no warranties of any kind with respect to the media (if any) on which the Software is furnished, and such media is provided "as is" and without warranties of any kind.

6. Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION AND (EXCEPT AS PROVIDED IN SECTION 6) THE MEDIA UPON WHICH THE SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY 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 Software and the Documentation is with you. Should the Software or the Documentation prove defective, you (and not envi.con or its distributors, licensors or dealers) assume the entire cost of all necessary servicing or repair. envi.con does not warrant that the functions contained in the Software will meet your requirements or operate in the combination that you may select for use, that the operation of the Software will be uninterrupted or error free, or that defects in the Software will be corrected. No oral or written statement by envi.con or by a representative of envi.con shall create a warranty or increase the scope of this warranty. envi.con DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you received the Software as shown by your receipt.

7. Limitation of Liability. YOUR SOLE REMEDIES AND envi.con ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL envi.con OR ITS DISTRIBUTORS OR DEALERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. You agree that envi.con and its distributors and dealers will not be liable for defense or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software or the Documentation. In no event will envi.con total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount you paid for this product. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

8. High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as online equipment control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage. envi.con and its suppliers specifically disclaim any express or implied warranty of fitness for any high risk uses listed above.

9. Governing Law and Interpretation. This Agreement shall be interpreted under and governed by the laws of the Germany and the European Community, without regard to its rules governing the conflict of laws. If any provision of this Agreement is held illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Agreement shall remain in effect and the invalid provision deemed modified to the least degree necessary to remedy such invalidity.

10. Entire Agreement. This Agreement is the complete agreement between envi.con and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.

If you have any questions concerning this Agreement, you may write to envi.con KG, Detmolder Str. 60, 10715 Berlin, Germany, Support