VIVA SOFTWARE GMBH
Electronic End User License Agreement
EUROPEAN VERSION

NOTICE TO USER:
THIS IS A CONTRACT BETWEEN YOU AND VIVA SYSTEMS INCORPORATED, A GERMAN CORPORATION.  BY INDICATING YOUR ACCEPTANCE BELOW YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This VIVA SOFTWARE GMBH ("VIVA") End User License Agreement accompanies an VIVA™ software product and related explanatory materials  ("Software").  The term "Software" shall also include any upgrades, modified versions, or updates of the Software licensed to you by VIVA.  This copy of the Software is licensed to you as the End User. Please read this Agreement carefully.

VIVA grants to you a non-exclusive license to use the Software, provided that you agree to the following:

1.  Use of the Software.

• You may install the Software in a single location on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purpose of permanent installation onto hard disks or other storage devices or use of the Software over such network; and make backup copies of the Software.

• You may make unlimited copies of the Software and give copies to other persons or entities as long as the copies contain this Agreement and the same copyright and other proprietary notices that appear on or in the Software.

2.  Copyright.  The Software is the intellectual property of VIVA and its suppliers and is protected by United States copyright law, international treaty provisions, and applicable laws of the country in which it is being used. The structure, organization and code of the Software are the valuable trade secrets and confidential information of VIVA and its suppliers.You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.  You may use trademarks only to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner’s name.  Such use of any trademark does not give you any rights of ownership in that trademark.  Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.

To the extent that local law grants you the right to decompile the Software in order to obtain information necessary to render the Software interoperable with other software, you shall first request VIVA to provide you with the necessary information. VIVA has the right to impose reasonable conditions such as a reasonable fee for doing so. Requests for information can be directed to Customer Service Department, VIVA SOFTWARE GMBH, Zuechner Str. 6-8, D-56070 Koblenz, Germany, Tel:+49 261 8842660, Fax:+49 261 8842666.

3.  Transfer.  You may not rent, lease, or sublicense the Software.  You may, however, transfer all your rights to use the Software to another person or entity, provided that you transfer this Agreement with the Software.

4.  No Warranty.  The Software is being delivered to you AS IS and VIVA makes no warranty as to its use or performance.  VIVA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.  VIVA AND ITS SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.  IN NO EVENT WILL VIVA OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN VIVA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VIVA IS ACTING ON BEHALF OF ITS SUPPLIERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND/OR RESTRICTING OBLIGATIONS AND LIABILITY IN THIS PARAGRAPH 4 BUT IN NO OTHER RESPECTS AND FOR NO OTHER PURPOSE. 

The foregoing does not affect or prejudice your statutory rights.

Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. 

5. Governing Law and General Provisions. This Agreement will be governed by the laws in force in the country within the European Union or Switzerland, Austria, Sweden, Norway or Finland in which you are located at the moment of entering into this Agreement (excluding the application of the said country’s conflicts of law rules). If you are located outside the European Union or Switzerland, Austria, Sweden, Norway or Finland the laws of the Netherlands shall govern this Agreement. 

This Agreement will not be governed by Article 6:254 of the Dutch Civil Code, the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Law on the Formation of Agreements for the International Sale of Goods, or the Uniform Law on the International Sale of Goods, or any law, rule or regulation of any jurisdiction based on any of the foregoing,  the application of which is expressly excluded.  If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.  You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.  This Agreement shall automatically terminate upon failure by you to comply with its terms.  This Agreement may only be modified in writing signed by an authorized officer of VIVA.

6. Notice to United States Government End Users.  If this product is acquired under the terms of a:  GSA contract - Use,  reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract;  DoD contract - Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013;  Civilian agency contract - Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement.

Unpublished-rights reserved under the copyright laws of the United States.
VIVA SOFTWARE GMBH, Zuechner Str. 6-8, D-56070 Koblenz, Germany, Tel:+49 261 8842660, Fax:+49 261 8842666.

For your future reference a copy of this End User License agreement will be accessible after you install the Software.

VIVA is a trademark of VIVA SOFTWARE GMBH which may be registered in certain jurisdictions. 

TO ACCEPT THIS AGREEMENT, PRESS ACCEPT AND INSTALL. 

TO DECLINE THIS AGREEMENT, PRESS DECLINE AND YOU WILL NOT BE ABLE TO USE THE SOFTWARE.