SOFTWARE LICENSE CONTRACT

- Sole user license -

Please read the software license contract ("Contract") through carefully before you obtain the software, install it on your computer or make use of it. By using the software you declare your express acceptance of the following license conditions:

§ 1 Subject-matter of contract, field of application

1. Anders und Seim Neue Medien AG ("Licensor") will grant to the customer ("Licensee") pursuant to this contract and against payment of a fee the right to use the software. Other rights to the software remain with the licensor. Distribution of the software shall be exclusively by download from the licensor’s servers upon input of the necessary data for payment of the applicable license fee.
    
2. In addition, the conditions of user for "www.screensaver-network.com" shall apply. In the event of a conflict between provisions of this contract and provisions of the conditions of user for the website "www.screensaver-network.com ", the provisions of this contract shall prevail.

§ 2 Copyright

1. The software is protected by copyright according to the provisions for the protection of computer programs. The copyright includes in particular the program code, the documentation, the appearance, the structure and organization of the program files, the program name, logos and other forms of presentation within the software. All other rights stemming from copyright belong to the licensor.
    
2. Should the licensee become aware of trade secrets through making use of his license, he undertakes to observe secrecy as to these for an indefinite period. The licensor undertakes in particular to keep software and documentation secret and not to reveal them in whole or in part to third parties, nor to transfer them to third parties unless the provisions of this contract or other written agreement with the licensor permit such to him.
    
3. Under no circumstances may copyright notices, serial numbers or other notices identifying the software be removed or altered.

§ 3 Rights of user

The following agreements apply to the grant of the right of user of software.

a) Scope of License

1. The licensee receives upon complete and unconditional payment of the license fee a simple right to use the software and the documentation thereto for his own purposes, normally unlimited as to time and non-exclusive.
    
2. Until full payment of the applicable fee due, the licensee is revocably permitted to use the software. The licensor may revoke the use of such products / goods / services, in payment of the fee for which the licensee is in default, for the period of the default.  In case of a transfer of rights of user unlimited as to time, the licensee shall receive the irrevocable right of user of copyright products of the licensor only upon full payment of the agreed fee.
    
3. All data processing equipment (e.g. hard discs and CPUs), upon which the software is copied, whether in whole or in part, temporarily or permanently, shall remain upon the licensee’s premises and in his immediate possession.
    
4. Should the right of user be terminated or otherwise cease, the licensee shall deliver up to the licensor the software, any copies made by him and the documentation. Should a physical delivery up of the software and the copies not be possible for technical reasons, the licensee shall delete the same and confirm this in writing to the licensor.
    
5. The software may not be used in or in connection with the management of nuclear power plants, aircraft, communications systems, in flight control, with life-support systems or other productive systems. In such cases, an error in the software could lead to fatalities, physical injury, or serious damage to goods and to the environment.

b) Copying

1. The licensee may make copies of the software so far as necessary in order to make use of the software. Necessary copying includes the installation of the software from the original data carrier to the hard disc of the hardware used and the loading of the software into the internal memory.
    
2. The licensor may copy each piece of software once onto a permanent data carrier for backup purposes. Backup copies of the software are to be expressly so marked.
    
3. Other copying (including the output of the program code to a printer and printing out and photocopying the description of the program) is not permitted.

c) Multiple user

When switching data processing equipment, the licensee must delete the software from the hard disc of the hardware used formerly. He may not use, store or hold in reserve on more than one hardware at once software which is intended for a single workstation. It is not per-mitted to use software which is intended for a single workstation in a network or other multi-station computer system insofar as this permits simultaneous multiple user of the software.

d) Transfer to Third Parties

1. The licensee may permanently transfer the software and its documentation to a Third Party provided that the Third Party concerned holds himself subject to the terms and conditions of this contract relating to copyright and rights of user. Upon transfer the licensee may not continue to use the software. Upon transfer any copies of the software are to be given to the Third Party or to be destroyed.
    
2. The software may not be hired out for purposes of gain. The licensee may otherwise transfer the software to Third Parties for limited periods provided that the Third Party concerned holds himself subject to the terms and conditions of this framework contract relating to rights of user and the licensee hands over all existing copies of the software including any backup copies or destroys such copies. During the period of transfer of the software to the Third Party the licensee may not use the software.
    
3. The licensee shall forthwith inform the licensor in writing of any user by a Third Party and of any transfer. He shall in particular give the name and address (including the email address) of the transferee or hirer and also the terms and conditions of the contract governing such disposal or lending.
    
4. The licensee may not allow the software to be used by a Third Party or to be transferred to a Third Party where there is a suspicion that the Third Party might breach the terms of this contract as to rights of user.

e) Decompilation and Alterations to the Program

1. Reverse translation of the transferred program code into other code forms (decompilation) and other kinds of reverse development of the various stages of manufacture of the software (reverse-engineering) are not permitted. Should interface information be necessary to obtain the interoperability of an independently-created computer program then, so far as technically possible for the licensor, this may be requested from the licensor or from a Third Party named by him upon payment of a small cost contribution.
    
2. Translation, adaptation, arrangement and other alterations of the software or parts thereof and the copying of the results of such work are only permitted insofar as such is necessary for the use of the software by the licensee.

§ 4 Software Defects

1. Should the software prove defective, the licensor shall at the licensee’s option remedy the same or make an additional delivery ("subsequent fulfillment" - "Nacherfüllung"). The licensor may refuse the chosen mode of subsequent fulfillment or the whole subsequent fulfillment if the same would involve disproportionate expense. In case of a replacement delivery the licensor shall bear the expenses necessarily incurred for this purpose, in particular the cost of transmission of the software. Should the licensor deliver non-defective software for the purposes of subsequent fulfillment, the defective software shall then be entirely deleted from all the licensee’s data carriers and may not be transferred to Third Parties.
    
2. Should the licensor not be prepared or not be able to provide subsequent fulfillment or should this be delayed beyond a reasonable period for reasons for which the licensor is responsible, or should the subsequent fulfillment fail for any other reason, the licensee shall be entitled within the context of the statutory provisions to enforce his remedies of rescission, diminution of the purchase price, or in damages. The subsequent fulfillment shall only be deemed to have failed after three attempts have been made without success. In case of recourse to § 478 BGB [German Civil Code - "Bürgerliches Gesetzbuch"] the provisions thereof shall apply.
    
3. The licensor shall only be liable for further claims of the licensee, in particular claims for damages including damages for loss of profit, or for other loss and damage to the licensee, which fall within the scope of the terms and conditions of this software licensing contract.

§ 5 Liability of the Licensor

1. The licensor shall be unlimitedly liable only in cases of gross negligence or intent. The licensor shall be liable for simple negligence basically only where a duty has been breached the fulfillment of which is of particular importance for the achievement of the purpose of the contract ("cardinal duty" - "Kardinalpflicht"). For simple negligence the liability of the licensor is limited to damage foreseeable for contracts of this type.
    
2. For cases of initial impossibility the licensor shall only be liable where the reason for the prevention of performance was known or would in the absence of gross negligence have been known to him.
    
3. The period of limitation for claims for damages against the licensor shall be one year from the beginning of the statutory period of limitation.
    
4. The preceding limitations on liability shall not apply to claims under the Product Liability Act or for personal injury.
    
5. In case of a user by the licensee in breach of contract the liability of the licensor is excluded.

§ 6 Other

1. This license contract is subject to law of the Federal Republic of Germany. The "Uniform Law on the International Sale of Goods," the "Uniform Law on the Formation of Contracts for the International Sale of Goods" and the "UN Convention on Contracts for the International Sale of Goods" shall not apply.
    
2. The Court for all disputes arising in business relations flowing from these contractual relations including summary proceedings relating to cheques, bills of exchange or proceedings on other documents shall be that for the headquarters of the licensor. The licensor can also bring proceedings at the Court for the headquarters or residence of the licensee.
    
3. The licensee may not - save as otherwise provided for in this software licensing agreement - transfer individual rights under this contract or assign the contract in its entirety to a Third Party without the express written permission of the licensor. The licensor will grant such permission when the justified needs of the licensee as to the transfer of rights shall outweigh the interests of the licensor.
    
4. There are no collateral agreements. Alterations of this software license contract must be in writing. The same shall apply to the waiver of this requirement of writing.
    
5. If terms and conditions of this contract are or become wholly or in part ineffective, then this shall not affect the validity of the rest of the contract.