XEOMETRIC SOFTWARE License agreement 
 
IMPORTANT!  Please read this text carefully before continuing. This license 
agreement is a lawful contract between the licensee (be it in a natural or 
company-legal person) and XEOMETRIC for the above-mentioned 
software product, the software itself, all media, printed materials and 
documentation be it in hardcopy or digital format, hereafter to be referred
to as "SOFTWARE". The SOFTWARE includes all updates and improvements
supplied by XEOMETRIC after the purchase and/or installation date,
in definite after the official transfer of the "right to use" of said SOFTWARE.
Any software supplied within the SOFTWARE, to which a separate end-user
license would be applicable, will be officially licensed under the terms and
conditions by this agreement. Through copying, installing, downloading or any
other manner of use or access, the licensee automatically agrees to be bound
by the terms, conditions, rules and regulations set forward in this agreement.

XEOMETRIC is only then willing to issue a "right to use" license
under the assumption that the licensee, by installation of, or any other action
with the SOFTWARE, has agreed to all terms, conditions, rules and regulations
set forward in this agreement.

Please use the scroll bar to go through the remainder of this agreement, while
carefully reading every item, before clicking the "YES" button and thereby 
accepting all the terms and conditions set forward in the agreement, and start
the installation of the software.

If you do NOT agree with one, several or all of the terms, conditions, rules and
regulations within this agreement, please click the "NO" button, which will 
immediately abort the installation process. Subsequently the licensee is entitled
to return, within 30 days of purchasing the software, SOFTWARE, its packaging 
and all other items originally provided, together with the sales invoice, to the 
licensor or its legal representative / reseller or distributor. Downloaded 
software has to be deleted from all storage media.

The use of SOFTWARE implies the licensee has agreed to all terms and 
conditions set forward in this agreement. 

The program, its design as well as user manuals are protected by copyright
laws and it is forbidden, outside the occasions mentioned onwards in the
agreement, to make copies of the SOFTWARE. Any violation of these conditions
will bind the licensee to pay for damages incurred by XEOMETRIC 
and be criminally liable for these actions. 

1. GRANTING THE LICENSE:

XEOMETRIC GMBH
(hereafter referred to as "XEOMETRIC") hereby grants the single,
non-transferable right to use the enclosed software program (hereafter to be 
referred to as "SOFTWARE"), and documentation (hereafter to be referred to 
as "Documentation" or "DOCUMENTATION") on proprietary computer hardware
of, or hardware operated by, licensee, pursuant to following provisions.

This right of use license provides the single-user application of the software on
a stand-alone system or virtual machine in a certain place at a given time. If 
said license has been granted for a computer network environment (which only
applies to certain products that are useable in such an environment) it is
through this license permitted to apply the SOFTWARE as a multi-user system 
only 

a) with a maximum number of authorized users of one (1), whereby if different
   people have access to the software, only one person may use the software 
	 at any given time, or
b) with a maximum number of authorized users of two (2) or more, in which case
   SOFTWARE licenses have to be purchased for each authorized user.

Activation of License: The activation or update of the SOFTWARE and modules 
is done using an authorisation code generated by XEOMETRIC. This code 
will be verified using a hardware lock (Dongle or network card) as well as
an internet license server during execution of the SOFTWARE.

Educational institution- (hereafter EIL) and student-licenses (hereafter SL): 
When SOFTWARE is an EIL version it can only be used for study, self-study or 
other educational applications or uses. When SOFTWARE is a SL, the student 
who has obtained the license is only allowed to apply SOFTWARE for training
and study application or uses.
It is expressly and explicitly prohibited to use either version (EIL or SL) 
for any purpose of personal monetary gain or use of commercial purpose or
intent. Any violation of the conditions thus set forward will oblige the
Educational Institution or Student to purchase the software for a price that
is threefold (3X) that of the then current list price within thirty (30) days
of first registered violation of the agreement. 

Back-up copy: Independent of which alternative has been selected, this 
license allows for the creation of only one (1) back-up copy of the SOFTWARE,
where the back-up can never be restored to another system other than the one it was
created on, with the exception of a media-drive to which only licensed users
have access. In any situation it is prohibited to restore the back-up to the
computer system when another copy of the SOFTWARE is still active on that, or
any other, system. DOCUMENTATION obtained either in hardcopy or from a 
printer may not be copied. DOCUMENTATION obtained in digital format can only
be printed once (1 time).

Additional installation: Licensee is allowed to install a second (2nd) copy of
the software on the hard disk of a second computer belonging to licensee, if
(1) the second copy will be used exclusively by the licensee,  
(2) only one (1) of the installed copies will be used concurrently by the
    licensee, 
(3) the second copy will only be used in combination with the copy protection 
    included in the SOFTWARE, and
(4) the license was not issued or designated as a version for EIL or SL 

Upgrades: If the SOFTWARE license was issued as an upgrade for a license 
issued previously, the licensee is obliged to, within 60 days, permanently 
delete all previous copies of that license from the system, and return the 
hardware lock belonging to the previous SOFTWARE (with the exception if 
XEOMETRIC or one of its authorized representatives have explicitly 
informed you that the hardware lock is to be used with the upgrade).
XEOMETRIC retains the right to demand proof that previous
software copies have been destroyed. If the hardware lock is not returned
within the 60 day term, the licensee will be charged with the difference of
the upgrade price (one [1] year maintenance fee) and the then valid list price
for a full version of the SOFTWARE. Software-Patches (in as far as they were
made available), that licensee has received with, or during the use of,
the SOFTWARE, all fall under the terms, conditions, rules and regulations 
set forward in this agreement, except when otherwise agreed in writing during
of before delivery of the original license of the SOFTWARE.

Authorisation code: If the use of the SOFTWARE requires an activation code, 
the licensee is obliged to have the SOFTWARE registered in his/hers and/or 
company name, before such an activation code will be issued.

Licensing over internet: If the usage of SOFTWARE is activated by an internet 
licensing server, an availability of 99% of the time per year is guaranteed.
In order to grant an uninterruptible operation, an internet connection is 
required to be able to check and update the authorisation code within an 
period that is no longer than one week. If a break is longer than this 
period, the next license server connection could happen during a maintenance 
interval. In such a case the availability will be restored at least until the 
end of the working hours of XEOMETRIC on the next work day.
XEOMETRIC is entitled to terminate the internet licensing server
without advance notice and to offer a hardware lock at current price level 
as a substitute.

Limited-time versions: If a license was used for a limited time, e.g., a 
trial or educational version, then the licensed software and all associated 
components must be completely uninstalled and deleted, including all copies
on your storage media, no later than 14 days after the expiration of the
license. If used with a provided limited-time hardware lock (e.g., rental), the
hardware lock must be returned to the dealer or to XEOMETRIC within 14 days.
When a hardware lock is replaced, the right to use the old hardware lock ends.
The old hardware lock must also be returned within 14 days.
Without a return delivery of the hardware lock, XEOMETRIC is entitled to
continue charging for usage until the hardware lock is received.

2. LIMITATION(s)

It is prohibited to,

a)  copy the SOFTWARE and documentation, in as far it is not allowed within
     the terms and conditions set forward in this agreement and/or,
b)  reverse engineer (Reverse engineering), analyse, 
     research, decompile or dis-assemble the SOFTWARE, except in manners
     allowed by the law, when not allowed, to retain or obtain information
     to manufacture interconnectivity  between an independent software 
     product and the SOFTWARE, if this interconnectivity cannot be obtained
     through XEOMETRIC its authorised resellers / distributors or
     a third party.
     Decompilation of the software is not allowed, when the information needed
     is freely available from XEOMETRIC, one of its branch offices or
     an authorised reseller or distributor and/or,
c)  distribute, lease, rent, sell, lend or in any other way carry over the
     SOFTWARE, Documentation or rights, issued through this license and/or, 
d)  remove, alter or make unreadable proprietary marks, labels, logo's or any
     other characteristics from the SOFTWARE and/or, 
e)  alter, translate, adjust, to arrange or modify works derived from the
     SOFTWARE or Documentation for whatever purpose and/or,
f)  use machines, devices, software, information or any other means to
     circumvent or make inactive the copy protection in relation to, and 
     supplied with, the SOFTWARE as installed by XEOMETRIC; Or to 
     make work or operate the SOFTWARE with another hardware lock, 
     authorisation code, serial number or any other copy protection then 
     the ones originally provided or supplied by XEOMETRIC 
     or by any of its authorised resellers or distributors and/or,
g)  to provide the software to be used by third parties (e.g. rental,
     timesharing, hosting, etc.) and/or,
h)  publish any results of benchmark test runs of the software;
i)  to use embedded components and products (especially those from Oracle)
     for purposes other than as intended with the XEOMETRIC software.

3. COPYRIGHT(s)

The SOFTWARE, source, intellectual-, design-, and copy-rights related directly 
or indirectly to the SOFTWARE and Documentation, as well as any copy or
backup made by the licensee remain the property of XEOMETRIC or the 
manufacturers listed in the copyright notice.
Non compliance with the above or all other terms, conditions, rules and 
regulations set forward in this agreement will immediately void and end 
this license. 

4. GUARANTEE(s)

General safeguards: XEOMETRIC guarantees, that SOFTWARE 
contains the possibilities and functions mentioned in its sales literature, and 
that these, the media supplied, the documentation, hardware lock or any other 
copy protection device utilised, are free of manufacturing and conversion 
errors. In case of default on one of the above, XEOMETRIC is, within 
6 months, starting with the transfer of the SOFTWARE, obliged to either 
(a) repair any problems within the software or,
(b) replace the SOFTWARE with a program of equal functionality or price or, 
(c) in case a, or b. are not applicable and/or feasible, refund the licensee with
    the full price of the SOFTWARE, thus terminating the license.

General limitation of safeguards: The are no further safeguards or guarantees. 
There is no explicit and specific safeguard or guarantee that the SOFTWARE 
will cover all of the licensees needs. The licensee alone is responsible for the 
selection, installation and use of the SOFTWARE as well as the results gained 
from using the SOFTWARE. XEOMETRIC can never be held 
accountable or liable for the continuous, error free use of the SOFTWARE, 
nor its suitability for, and to, certain purposes.

5. EXCLUSION OF LIABILITY

CAD-Software and other software for technical purposes are tools meant to be
used by skilled experts. They do, in no occasion, replace the judgement of the 
expert. CAD-Software and other software for technical purposes are designed
to be of help for product construction and will never replace the independent 
judgement of liability, security, applicability or suitability of that product. 
Due to the multi-applicability of the SOFTWARE, the SOFTWARE was not tested 
against all such applications, where it could possibly be of use.
XEOMETRIC can in no way be held accountable or liable for results
that were earmarked by the licensee and were not realised. The user(s) of the
SOFTWARE are responsible for MAINTAINING, MONITORING AND CHECKING this SOFTWARE.
The end-use and applicability, as well as the choice of software and the 
results to be expected from its usage are also the sole responsibility of the
licensee. The users of this SOFTWARE are responsible for the adequacy of the
independent procedures, that control the exactness and reliability of the
software's performance, including all parts or structures that were produced
during its usage.
In case of using an internet licensing server XEOMETRIC can in no way 
be held accountable or liable for failed connections to the server, independent 
by which reason, and subsequent interruptions of operation and its consequences.

The exclusion of liability also applies to embedded products or components from
other manufacturers.

6. LIMITATION OF LIABILITY

In as much imperative liabilities of XEOMETRIC would be existent,
the licensee, by accepting the terms, conditions, rules and regulations set
forward in this agreement, abstains from any claims, in whatever form, 
exceeding that or those of, and limited to, the purchase price of the SOFTWARE.
Within 'claims of any sort' are, amongst all, included the liability for loss 
of profit, losses incurred, collateral damages and consequential damages, as 
well as loss of data. These limitations are not applicable in case of proven 
gross negligence by XEOMETRIC, with respect to the warranted
characteristic i.e. guaranteed quality of the SOFTWARE, that are the basic
principle of the terms, conditions, rules and regulations set forward in this
agreement.

XEOMETRIC is not liable for the theft, or loss, of the SOFTWARE
and copy protection device(s) by any other means. XEOMETRIC can 
in no way be obliged to replace misappropriated, stolen or lost SOFTWARE or 
copy protection devices free of charge. The licensee alone is responsible to
implement measures against theft, misplacement or damages by forces of
nature, through appropriate insurance policies. In case of loss or theft of
the hardware lock a new hardware lock can be purchased at XEOMETRIC
to the official software price of all programmes and modules protected with
this hardware lock.

The limitation of liability also applies to embedded products or components from
other manufacturers.

7. GENERAL

a) This license will end and become void without prior notification by 
    XEOMETRIC, when the licensee enters into chapter 11 proceedings,
    proceedings similar to chapter 11 but in other countries then the United 
    States of America, bankruptcy, following or procuring this event enters
    chapter 11 or a direct agreement with its creditors, or is liquidated,
    taken over or merged all together. 

b) Applicable to this agreement are:
    Austrian law, independent of the country, where the licensee resides.
    The provisions of the Hague Sales Convention and the United Nations 
    Convention on Contracts for the International Sale of Goods do not find
    application. 
    Linz, Austria is the exclusive place of jurisdiction for all disputes 
    arising in connection with the contractual relationships.
    Licensees in Russia are excepted. For Russian licensees Russian law is 
    applicable and Moscow, Russia is the exclusive place of jurisdiction for 
    all disputes.
	
c) The amendment or possible ineffectiveness of individual terms and conditions
    does not affect the effectiveness of the remaining terms and conditions. 
    The customer is in the event of the ineffectiveness of a regulation obliged
    to agree with XEOMETRIC on an effective regulation whose economic and legal 
    sense comes closest to that of the ineffective regulation.

d) XEOMETRIC automatically refers to the original German version of 
    this agreement in case of dispute, claims, or any legal actions resulting 
    from errors in the translation to any other language of this agreement.
