License Agreement

READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE.

1. LICENSE TO USE ININET GRANTS YOU A NON-EXCLUSIVE AND NON-TRANSFERABLE LICENSE LIMITED TO THE INTERNAL USE OF THE ACCOMPANYING SOFTWARE AND DOCUMENTATION AND ANY ERROR CORRECTIONS PROVIDED BY ININET SOLUTIONS GMBH (COLLECTIVELY "SOFTWARE").

2. GOVERNING LAW THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF KANTON BASELLAND, SWITZERLAND.

3. DISCLAIMER OF WARRANTY THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH WEBFACTORY MAY BE PUT, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

4. RESTRICTIONS SOFTWARE IS CONFIDENTIAL AND COPYRIGHT. THE TITLE OF ANY SOFTWARE AND ALL ASSOCIATED INTELLECTUAL PROPERTY RIGHTS ARE RETAINED BY ININET SOLUTIONS GMBH AND/OR ITS LICENSORS. YOU MAY NOT MAKE COPIES OF SOFTWARE OTHER THAN A SINGLE COPY OF SOFTWARE FOR ARCHIVAL PURPOSES. YOU MAY NOT MODIFY, DECOMPILE, AND REVERSE ENGINEER SOFTWARE. SOFTWARE IS NOT DESIGNED OR LICENSED FOR USE IN ON-LINE CONTROL OF AIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS; OR IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY. YOU WARRANT THAT YOU WILL NOT USE SOFTWARE FOR THESE PURPOSES.

5. LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ININET SOLUTIONS GMBH OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF ININET SOLUTIONS GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ININET SOLUTIONS GMBH'S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR SOFTWARE UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS ITS ESSENTIAL PURPOSE.

6. TERMINATION THIS AGREEMENT IS EFFECTIVE UNTIL TERMINATED. YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME BY DESTROYING ALL COPIES OF SOFTWARE. THIS AGREEMENT WILL TERMINATE IMMEDIATELY WITHOUT NOTICE FROM ININET SOLUTIONS GMBH IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT. UPON TERMINATION, YOU MUST DESTROY ALL COPIES OF SOFTWARE.