ELECTRONIC END USER AGREEMENT ************************************************* Goldfish Software End User Agreement NOTE: THIS IS A CONTRACT BETWEEN THE BUYER OF THIS PRODUCT ('User') AND THE COMPANY 'GOLDFISH SOFTWARE' ('Goldfish Sofware') SITUATED IN ST.GALLEN, SWITZERLAND. IF YOU CLICK ON THE 'YES' BUTTON BELOW, YOU WILL CONFIRM THAT YOU HAVE READ AND AGREE WITH THIS CONTRACT'S TERMS AND CONDITIONS. With this end user license agreement of comes a software product and documentation pertaining thereto ('software'). The term 'software' includes all extended, upgraded or changed versions of the software, for which Goldfish Software has granted you a license. Please read this agreement carefully. Goldfish Software grants you a license (not exclusive) for usage of the software if you agree to the following terms: 1. Usage of Software. You may install the software on a single computer on a harddisk drive or other media, or set it up on a network fileserver in order to distribute it more easily to clients in the network. YOU NEED A LICENSE FOR EACH CLIENT THAT USES THIS SOFTWARE, IF THE SOFTWARE USED IS A FULL VERSION! 1.1 If the software is shareware: You may make an unlimited nr of copies of the software and distribute them freely as long as those copies contain the same copyright information and other notices as the original. 1.2 If the software is a full (i.e. REGISTERED) version or has been upgraded to a full version: You may make one copy of the software for security reasons. This copy may not be distributed to other persons or computers. This copy may not be changed, taken apart, reassembled or rearranged in any way. You must keep the software in such a manner that third persons will not be able to make unrightful copies of it. 2. Copyright. This software is the mental property of Goldfish Software. It is protected by national and international copyright law, the copyright laws of the country it is being used in and international treaties for the protection of copyright. Its structure and code are industry secrets of Goldfish Software. You as the buyer agree not to change or modify, disassemble or decompile the software to optain its source code. Trademarks are to be used in accordance with the guidelines set forth in the various international agreements on this matter, including the mentioning of the trademark owner's name. This license does not give you any of the software's mental property rights. 3. Resale. You may not lend or lease out the software, and you may not give out any kind of sublicense for its usage. You may, however, transfer all rights granted to you by this agreement to another person, provided that you transfer this license along with the software. You may not continue to use this software upon completion of the transfer. 4. Disclaimer. This software has been thouroughly tested. It is, however, the nature of software not be completely free of bugs at any time. Goldfish Software does NOT give out any guarantees as to this software's faultless workings or its usability under any kind of circumstances. GOLDFISH SOFTWARE DOES NOT MAKE ANY KIND OF STATEMENT - EXPLICIT OR IMPLICIT - REGARDING UNINTENDED VIOLATION OF THIRD PARTIES' RIGHTS OR THE SOFTWARE'S SUITABILITY FOR A PARTICULAR PURPOSE. GOLDFISH SOFTWARE WILL UNDER NO CIRCUMSTANCES BE HELD LIABLE FOR DAMAGES RESULTING FROM THE USAGE OF THE SOFTWARE INCLUDING LOST PROFITS OR WORK. The above paragraph does in no way diminish your rights granted to you by law. 5. Applicable law and general terms. This agreement is subject to the laws of the country of the European Union (or Switzerland & Finnlan) you reside in at the time of optaining this license. If you reside outside the circle of these countries, Swiss law is applicable (exept in the case of a conflict with local laws). This agreement is NOT subject to one of the following treaties: Article 6:254 of Dutch Civil Law, 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 incl. all laws based on above treaties. If a part of this agreement should prove to be void or invalid, this will not influence the validity of any and all other parts. This agreement will end automatically if the terms therein are not kept. Changes to this license agreement need to be validated by the written permission of a Goldfish Software representative. Goldfish Software, Dani & Martin Seelhofer, Buchentalstr. 25, CH-9000 St.Gallen, Switzerland Email: goldfish-software@bigfoot.com