Free Education Domain Software License Agreement between company Georg Heeg - Objektorientierte Systeme Baroper Straße 337 44227 Dortmund Germany and Any Private Individual or Any Educational Institution Wheresoever in the World By installing the software Any Private Individual or Any Educational Institution agrees to the conditions of this agreement. Following software products are licensed to Any Private Individual or Any Educational Institution by company Georg Heeg according to this license agreement: Application Management Educational Version 1.1a 1. Object of the Agreement 1.1 Company Georg Heeg - Objektorientierte Systeme licenses the software products to Any Private Individual or Any Educational Institution free of charge. 1.2 Any Private Individual means a human being. 1.3 Any Educational Institution means a degree granting institution including schools and universities and 100% publicly owned research institutes. 1.4 All property rights, including the particular right to amend, revise, or copy the program are retained by the software manufacturer. 1.5 This license cannot be transfered to any other legal entity than described in this paragraph. The software may not be used for any other purpose as described in paragraph 3. 1.6 In case of any doubt whether a particular insitution or a particular purpose is covered by this license or for questions about commercial licenses for the software, please contact company Georg Heeg by fax (x49-231) 751331 or e-mail license@heeg.de. 2. Protection of the software products; copyright; trademark rights The software products contain confidential, unpublished information, which is protected by copyright, by legal restrictions on business secrets, and by trademarks. Any Private Individual or Any Educational Institution may allow third parties to inspect the software products only in those cases permitted by this agreement. Copyright notices on data carriers may not be either removed or altered by Any Private Individual or Any Educational Institution. 3. Limited usage; limited permission to copy 3.1 Any Private Individual may use the software products at any given time only on a single computer only for his/her personal education. Any Educational Institution may use the software products at any given time on any number of computers for educational and research purposes only. 3.2 Any Private Individual or Any Educational Institution may alter the software products and/or combine them with other software products. 3.3 Any Private Individual or Any Educational Institution may copy the software products to the extent necessary for backup purposes and additionally for the purpose of altering or combining it in order to support the usage permitted in accordance with 3.1 and 3.2. The above permission for making copies are however on the condition that every copy contains a reproduction of the copyright notice which is shown in or on the copy supplied by company Georg Heeg. 4. Redistribution 4.1 Any Private Individual or Any Educational Institution may give the software products to any other Private Individual or any other Educational Institution (third party), so long as Any Private Individual or Any Educational Institution obtains a written undertaking from the third party to fulfil the obligations of Any Private Individual or Any Educational Institution towards company Georg Heeg contained in this agreement (including the obligations contained in this paragraph 4). 4.2 Any other form of transfer of the software to any third party is forbidden. 5. Hire to third parties It is forbidden to hire the software products to third parties in the context of a contract for the performace of a continuing obligation (e.g. retal, leasing or loan) without expressed consent of company Georg Heeg. 6. Export restriction Any Private Individual or Any Educational Institution is responsible for ensuring that the software products and other technical information received from Company Georg Heeg, as well as direct products of the software products are exported from the Federal Republic of Germnay or another country (e.g. The Netherlands, Austria, or Switzerland) only in accordance with all applicable export regulations, particulary of the Federal Republic of Germany (in particula all provisions of the Foreign Trade and Payments Law (Außenwirtschaftsgesetz) and the Foreign Trade and Payments Regulation (Außenwirtschaftsverordnung)), and all relevant provisions of the United States of America (in particular the Export Administration Act). 7. Guaranty 7.1 Because the software is licensed free of charge, there is no warranty for the software, to the extent permitted by applicable law. 7.2 Company Georg Heeg provides the software "as is" without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. 7.3 The entire risk to the quality and performance of the software is with Any Private Individual or Any Educational Institution. Should the software prove defective, Any Private Individual or Any Educational Institution assumes the cost of all necessary servicing, repair or correction. 8. Liability of the supplier In no event unless required by applicable law or agreed in writing by company Georg Heeg will company Georg Heeg be liable to Any Private Individual or Any Educational Institution for damages, including any general, special, incidential or consequential damages arising out of the use or inability to use the software (including but not limited to loss of data or data being rendered inaccurate or losses sustained by Any Private Individual or Any Educational Institution or third parties or a failure of the software to operate with any other software), even if company Georg Heeg has been advised of the possibility of such damages. 9. Final provisions 9.1 This agreement and its interpretation are subject to the law of the Federal Republic of Germany. 9.2 The place of jurisdiction for all claims resulting from or in connection with this agreement is Dortmund. This does not effect the legal regulations on exclusive jurisdiction.