ZipMan 99 DELUXE for Windows(r) 95/98 - V1.00 Copyright 1997-1999 by ashampoo GmbH & Co. KG Felix-Wankel-Str. 16, 26126 Oldenburg, Germany (All Rights Reserved) LICENSE AGREEMENT IMPORTANT! PLEASE READ ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING AND USING ZIPMAN 99 DELUXE! I. Terms of Use II. Exclusion of Use on Specific Systems III. Limited Liability and Warranty IV. Miscellaneous Provisions, Invalidity Clause, Legal Venue I. Terms of Use Purchase of the User License for the Software (ZipMan 99 DELUXE) entitles you to use the software. The software itself remains the intellectual property of the Manufacturer. Purchase of the User License only grants entitlement for the use of the Software by one person on one computer at any one time. If you want to use the software on more than one computer simultaneously you must purchase a separate User License for each machine on which the Software is to be installed. Leasing, renting, lending and modification of the Software are not permitted. Decompilation, disassembly or reverse engineering of the Software are only permitted in order to obtain information required to enable interoperability for the production of another independent computer program. II. Exclusion of Use on Specific Systems The Software (ZipMan 99 DELUXE) is not intended for use on any of the following systems: Systems installed in land, water or air vehicles, in medical or medical diagnostics applications, systems used for production or process control or systems networked with such systems. III. Limited Liability and Warranty If you plan to use new software to work with important data and/or data with commercial value it is generally your (the user's) duty to test said new software on unimportant or valueless data before using it for the important data. The Software is released "as is" in its present state of development without any warranty express or implied. Since the Software can be used in a very wide variety of different system configurations which cannot be either predicted or explicitly tested by the Manufacturer of the Software, it is not possible for the Manufacturer accept any liability for the correct or error-free functioning of the software in a specific environment or configuration or for its suitability for a specific purpose. Furthermore, the Manufacturer shall in no event be liable for any defects or damages arising out of modification of the Software by third parties or by use other than that conforming to the functions explicitly described in the documentation or inability to use the program or failure to follow the instructions of the documentation. In particular, in such cases the Manufacturer shall not be liable for any general, special, incidental or consequential damages whatsoever. The warranty period is 6 (six) months from the date of the purchase of the User License. In the event of a warranty claim the Licensee is obliged to provide a clear and repeatable description of the defect. If a substantial defect cannot be corrected by delivery of an update or replacement within a reasonable period the Licensee shall be entitled to cancel the License Agreement or to demand a reduction of the license fee. These are the sole remedies available under the terms of this limited warranty; all other remedies express or implied are excluded, and the Licensee cannot make any further claims of any nature whatsoever against the Manufacturer. The Manufacturer shall only be liable to the Licensee for damages arising out of intent or gross negligence or the infringement of a substantial contractual obligation on the part of the Manufacturer. Furthermore, all liability of the Manufacturer shall be exclusively restricted to such typical damages as the Manufacturer could reasonably be expected to be able to predict under the circumstances extant at the time of the conclusion of the License Agreement. In all cases the maximum amount of such liability shall be restricted to the amount of the license fees paid by the Licensee. This limited liability shall apply for all damages claims by the Licensee, irrespective of the reason or legal foundation of such claims, with the exception of damages for which liability is required by applicable laws. The manufacturer shall only be liable for any and all other indirect damages, consequential damages or lost profits to the limited extent laid down above. IV. Miscellaneous Provisions, Invalidity Clause, Legal Venue This License Agreement shall be governed by German law. Application of the UN Convention on Contracts for the International Sale of Goods is excluded. The exclusive legal venue for all disputes arising out of the use of the Software shall be Stuttgart, Germany. However, the Manufacturer shall also be entitled to take legal action against the Licensee at the general legal venue of the latter. In the event that individual provisions of this License Agreement should prove to be or become legally invalid in whole or in part this shall not prejudice the validity of the remaining provisions of the License Agreement. The Licensee shall not under any circumstances be entitled to transfer or assign any rights arising out of this License Agreement.