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Terms of usage/License agreement:	Section 1: Object of the contract 1. Object of the contract is the lasting surrender of the user software "ValueStreamDesigner" in a full version and the docu-mentation that goes with it, as well as the granting the right to use it. 2. The seller delivers the software in an object code as a download including the documentation. Section 2: Composition of the software, user rights 1. The documentation is decisive for the software’s stipulated mini-mum composition. The contractual use is determined by the opera-tion manual/product description. 2. To the buyer, the seller grants a non-exclusive right to use the software that is not limited in time. 3. The user rights are limited to the following actions within normal testing: a) installation of the software and making of backup copies accord-ing to the following section 3 Nr. 2; b) loading of the software into the working store and executing according to the following section 3 Nr. 1; c) necessary actions within a subsequent improvement according to the following section 4 and d) in exceptional cases a reverse engineering according to the fol-lowing section 5. 4. Apart from these actions, the buyer is not allowed to make any changes to, or translations or copies of the software, whether temporary or of parts, regardless in which fashion or with what means, due to copyright protection. The printing of the program code also constitutes an inadmissible copy. Section 3: Loading and execution of the program, backup copies 1. The buyer is allowed to load the software into the working store and to execute it there. 2. The buyer further has the right to make backup copies within the usual safety measures of his company. Section 4: Subsequent improvement 1. According to § 69 d par. 1 UrhG (German Copyright Code) the buyer has, within this context, the right to perform the necessary changes and copies, if a) the features of the software differ from the description in the documentation or if the software cannot perform its objectively intended task and b) in addition the execution of the software is significantly dis-turbed. 2. The seller has to be informed about the existence of such an er-ror. If the seller corrects the error within an appropriate limit of time, subsequent improvement by the buyer is not permitted. 3. The buyer is not allowed to carry out improvements that go beyond subsequent improvement. 4. Changes carried out by the buyer must be documented and communi-cated to the seller. Section 5: Reverse engineering 1. The buyer can, upon request to the seller, get the necessary in-terface information to draw up an interoperable program. The sel-ler is not obliged to give this information. 2. So far as the seller provides the information to the buyer, it is only to be used to draw up an interoperable program. If the seller does not provide the buyer with the interface information, the buyer has the right to perform a decompilation within the limits of section 69 UrhG (German Copyright Law). Information gathered in this process that is not related to interface has to be destroyed immediately. 3. Apart from that, the buyer is not permitted to carry out a reverse engineering (resetting the program to an earlier stage of develop-ment, e.g. the source code; reverse analysis, backward developing, decompiling, disassembling), no matter in what form and by which means. Section 6: Passing-on and sublease 1. The buyer is only allowed to pass on the software to a third party completely as it was handed over to him, i.e. including the docu-mentation and only with transferring the user rights at the same time. As a precondition, the person who receives the software has to declare his consent to the contractual regulations of sections 1 to 6. 2. Passing-on of the program by transfer of any kind is prohibited. 3. In the case of the passing-on to a third party, all reproductions of the software with the buyer have to be rendered completely and irreversibly unusable. 4. The buyer has to inform the seller about the passing-on to a third party as well as to communicate the receiver’s name and address. 5. A sublease i.e. a temporary surrender for remuneration by the buyer is prohibited. 6. The buyer must ensure that no unauthorized access to the software is possible. Section 7: Installation The installation instructions printed in the documentation apply exclusively for the software’s installation. For proper installa-tion, the buyer is obliged to provide the necessary system re-quirements (hardware and software). Section 8: Guarantee 1. In the case of a complaint of defect(s) from the buyer, the seller will fulfill subsequently and free of charge. Subsequent fulfill-ment can be effected by choice of the supplier, either by defect removal from the software or renewed delivery of the software or parts of the software. The buyer has a right to renewed delivery of the software, if defect removal is unreasonable for him. 2. The buyer is obliged to examine the software for possible evident defects immediately after delivery so far as possible and appro-priate. Evident defects determined upon examination have to be re-ported to the supplier immediately after discovery, if possible in written form and documented in a comprehensible way. If the buyer does not complain about detected defects immediately, he further cannot claim guarantee because of these defects. 3. In the case of a withdrawal from the contract, the buyer owes an appropriate fee for the use of the software up to the point of withdrawal. The fee is calculated on the base of a four year straight-line depreciation. 4. As far as the preceding rules concerning the conditions and conse-quences of subsequent fulfillment, reduction and withdrawal do not contain any or any divergent regulations, the statutory regula-tions concerning these rights apply. 5. The buyer cannot claim guarantee, if the buyer altered the soft-ware himself, or had it altered by a third party, unless the buyer proves that an alteration does not aggravate the seller’s expenses for analysis and processing and that the defect was attached to the software upon delivery. 6. The buyer’s right to compensation is determined by following section 9. Section 9: Liability 1. If the software cannot be used by the buyer as stipulated in the contract due to the seller’s fault resulting of omitted or faulty execution of suggestions and consultations made before or after the conclusion of the contract or of misrepresentation of other contractual accessory obligations – especially instructions for operation and servicing of the delivered good -, the regulations of section 8 (guarantee) and following section 9 figure 2 apply by analogy, excluding all other buyer’s claims. 2. For damages not occurred on the delivered good itself, the seller is only liable – based on whatever cause in law - a) in case of intent; b) in the case of gross negligence of the owner/ the bodies or ex-ecutive employees; c) in case of culpable hurt of life, body and health; d) in the case of defects and other circumstances he withheld ma-levolently; e) or in the case of defects he guaranteed to be absent, or as far as he gave a guarantee for the composition or any other guaran-tee he gave. 3. In the case of violation of substantial contractual obligations the seller is also liable for gross negligence of non-executive employees and for light negligence limited to the reasonably fore-seeable damage typical for the contract. 4. Other claims, especially a liability independent of fault, are excluded. 5. A liability according to product liability regulations remains unaffected. Section 10: Statute of limitations 1. All buyer claims – based on whatever cause in law – fall under the statute of limitations in twelve months. 2. In cases of section 9 (liability) figure 2 let. a) to e) the legal time limits apply to all claims. Section 11: Place of jurisdiction, place of performance, applica-ble legal regulations and Salvatorian clause 1. For both parties, as far as legally admissible, place of jurisdic-tion and performance is Stuttgart, Germany. 2. The whole contract and its execution are subject to German sub-stantive law. The CISG does not apply. 3. Should one of the regulations of this contract be ineffective or become ineffective, the validity of the other regulations remains unaffected. The inoperative regulation is substituted by such that legally best serve the economic purpose of the inoperative regulation.
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