dWinlock License Agreement

NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
("AGREEMENT"), FOR THE LICENSE OF dWinlock Software ("SOFTWARE")
PRODUCED BY KASSL GMBH ("LICENSER"). BY CLICKING THE ACCEPT BUTTON OR
INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A
SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON
THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO
NOT INSTALL THE SOFTWARE. (IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE
PLACE OF PURCHASE FOR A FULL REFUND, SUBJECT TO A RESTOCKING FEE.)

1 License Grant
---------------

The LICENSER grants you as an individual, a personal, non-exclusive, 
non-transferable license to install the Software. If you are an entity, the 
LICENSER grants you the right to appoint an individual within your organization 
to use and administer the Software Product subject to the same restrictions 
enforced on individual users. You may not network the Software or otherwise 
use it on more than one workstation or computer at the same time. Contact the 
LICENSER for more information regarding multi-developer site licensing.

You may install the Software Product on one or more workstations or computers 
expressly for the purposes of evaluating the performance of the Software for a 
period of no more than thirty (30) days. If continued use of the Software is 
desired after the evaluation period has expired, then the Software Product must 
be purchased and/or registered with LICENSER for each developer. The Software 
must be removed from all unregistered workstation(s) or computer(s) after 
the evaluation period has expired. You acknowledge that there is no product 
evaluation period available for Software source code.

2 Ownership Rights
------------------

The Software is protected by copyright laws and international treaty provisions. LICENSER
and its suppliers own and retain all right, title and interest in and to the Software, including
all copyrights, patents, trade secret rights, trademarks and other intellectual property rights
therein. You acknowledge that your possession, installation, or use of the Software does not
transfer to you any title to the intellectual property in the Software, and that you will not
acquire any rights to the Software except as expressly set forth in this Agreement. You
agree that any copies of the Software and Documentation will contain the same proprietary
notices which appear on and in the Software and Documentation.


3 Redistributable Files
-----------------------
In addition to the rights granted in Section 1, LICENSER grants you a non-exclusive, 
royalty-free right to reproduce and distribute the portions of the Software designated 
as "Redistributable file" only if:

a. You have purchased a license for the Software and have received a registration code 
   enabling the registered copy of the Software.

b. You distribute only the portions of the Software designated as "Redistributable File".

c. You use and distribute the "Redistributable files" only in conjunction with the binary files 
   that make use of them as a part of your software product.

d. Your product(s) and application(s) must add significant and primary functionality to the Software.

e. You do not expose, document or make public the Software API (Application Programming Interface)

f. Your software product may not, in the reasonable opinion of LICENSER, 
   compete with an LICENSER product.

g. You agree to indemnify, hold harmless, and defend LICENSER and its suppliers from and against 
   any and all claims or lawsuits including legal fees that arise or result from the use or 
   distribution of your software product.


4 Restrictions
--------------------

You may not rent, lease, sublicense, loan or resell the Software, unless authorized by
LICENSER to do so. You may not permit third parties to benefit from the use or functionality
of the Software via a timesharing, service bureau or other arrangement, except to the
extent such use is specified in the applicable price list, purchase order, or product packaging
for the Software. You may not reverse engineer, decompile, or disassemble the Software,
except to the extent the foregoing restriction is expressly prohibited by applicable law. 
You may not produce non-commercial freely-distributed software based on or largely using
the Software. A Software license must not be used by more than one individual developer 
(simultaneously or alternating) except by permanent transfer of this license.You may not copy 
the Software or Documentation except as expressly permitted in Section 1 above. You may not 
distribute the Software redistributable files with products other than executable end user 
applications, specifically not with component software (for example, linkable object code 
or library). Specifically, you may not incorporate the redistributables into any software product 
which would compete with the Software. You may not remove any proprietary notices or labels 
on the Software. All rights not expressly set forth hereunder are reserved by LICENSER.
If Licensee knowingly publishes, or causes to be published, any information or utility
designed to subvert the license requirement reminder notice, or any other aspect of security
internal to any portion of this software package, then Licensee shall be understood to be in
violation of this agreement, and shall be liable for damages caused by said publication.
Damages shall be calculated based on current license fees and worst case estimates of the
scope of said publication.

5 Source Code
-------------

If you obtain a license to any of the Software's source code (also referred to as "Software" 
for the purposes of this entire agreement) neither the source code nor modified source code 
may be distributed by you to any third party under any circumstances. The Software source code 
must be protected as you would your own.

a. LICENSER retains all right, title and interest in and to the Software source code. 
   Licensing of the Software source code does not constitute a transfer of ownership under 
   the terms of this agreement, and the Software remains owned and copyrighted by LICENSER.

b. The Software source code may only be installed on a single computer for use by a single 
   developer. If you are an entity, LICENSER grants you the right to appoint an individual 
   within your organization to use and administer the Software source code subject to the 
   same restrictions enforced on individual users.

c. You may modify the Software source code, however such modifications do not constitute 
   ownership of the source code. Modifications to the Software source code may not be sold, 
   transferred or published in any manner whatsoever.

d. You may redistribute object code only, in conjunction with and as a part of a software 
   application product developed by you which adds significant and primary functionality to 
   the Software. You may not use the Software source code to create a library, control or component, 
   or a collection of components, for distribution as a product. You may not redistribute the 
   original or modified Software source code.


6 Warranty and Disclaimer
-------------------------

a. Customer Remedies. LICENSER's and its suppliers' entire liability and your exclusive
   remedy shall be return of the purchase price paid for the license, if any, subject to a
   restocking charge. You must return the materials to LICENSER at your expense with a copy
   of your receipt. This limited warranty is void if the defect has resulted from accident, abuse,
   or misapplication.

b. Warranty Disclaimer. To the maximum extent permitted by applicable law, and except for
   the limited warranty set forth herein, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS
   WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE
   FOREGOING PROVISIONS, YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE
   TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND
   RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING
   PROVISIONS, LICENSER MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE
   OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET
   YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
   LICENSER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
   NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
   PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND
   THE ACCOMPANYING DOCUMENTATION. SOME STATES AND JURISDICTIONS DO NOT
   ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT
   APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent
   permitted by applicable law.

7 Acknowledgment and Indemnity
------------------------------

YOU ACKNOWLEDGE THAT THE FAILURE TO PROPERLY OPERATE THE SOFTWARE LICENSED
HEREUNDER, INCLUDING THE TIMELY AND ACCURATE INPUT AND TRANSMISSION OF ALL
AND ANY DATA, COULD RESULT IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH THAT
MIGHT HAVE BEEN AVOIDED IF THE SOFTWARE HAD BEEN PROPERLY OPERATED IN A
TIMELY MANNER.
You agree to indemnify, defend and hold LICENSER and its parent(s) and affiliates and all of
their employees, agents, directors, officers, proprietors, partners, representatives,
shareholders, servants, legal representatives, predecessors, successors, and assigns
harmless from any and all claims, damage, loss, cost, expense (including legal costs and
litigation expenses) or other liability for property damage, personal injury, wrongful death or
any other claim resulting from the negligent failure to properly operate the Software,
including the timely and accurate input and transmission of ALL and ANY data, and any other
claims or lawsuits, including attorneys fees, that arise or result from the use or distribution
of any software application product that incorporates the redistributables..

8 Limitation of Liability
-------------------------

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT,
CONTRACT, OR OTHERWISE, SHALL LICENSER OR ITS SUPPLIERS BE LIABLE TO YOU OR TO
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND
ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL LICENSER BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE LIST PRICE LICENSER CHARGES FOR A LICENSE TO THE
SOFTWARE, EVEN IF LICENSER SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the
maximum extent permitted by applicable law.
Your only form of compensation under this License Agreement shall be repair or replacement
or refund as provided in the warranty. LICENSER’s maximum liability for any claim by you or
anyone claiming through or on behalf of you arising out of this purchase shall never exceed
the actual amount received from you by LICENSER for the product. LICENSER is not liable
for any direct, incidental, collateral, exemplary, consequential or special damages or losses
which may result from the use or installation of LICENSER products.


9 Remedies
----------

If you believe that the Software has not performed in accordance with the foregoing limited
warranty, you must notify LICENSER in writing not more than 90 days after the end of the
applicable warranty period. In the event such limited warranty has been breached,
LICENSER shall, at its option, either (i) repair or replace the Software free of charge, or (ii)
accept the return of the Software and refund the purchase price therefor.
No Liability for Damages. IN NO EVENT WILL LICENSER BE LIABLE TO YOU FOR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOST
SAVINGS, PERSONAL INJURY, WRONGFUL DEATH, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE, EVEN IF LICENSER OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, EXCEPT TO
THE EXTENT OF THE REMEDIES DESCRIBED ABOVE IN THE EVENT OF THE BREACH OF THE
LIMITED WARRANTY DESCRIBED ABOVE.


10 High Risk Activities
----------------------

The Software is not fault-tolerant and is not designed or intended for use in hazardous
environments requiring fail-safe performance, including without limitation, in the operation
of nuclear facilities, aircraft navigation or communication systems, air traffic control,
weapons systems, direct life-support machines, or any other application in which the failure
of the Software could lead directly to death, personal injury, or severe physical or property
damage (collectively, "High Risk Activities"). LICENSER expressly disclaims any express or
implied warranty of fitness for High Risk Activities.


11 Miscellaneous
---------------

This Agreement is governed by the laws of the Federal Republic of Germany, without
reference to conflict of laws principles. The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded. This Agreement sets
forth all rights for the user of the Software and is the entire agreement between the parties.
This agreement supersedes any other communications with respect to the Software and
Documentation. This Agreement may not be modified except by a written addendum issued
by a duly authorized representative of LICENSER. No provision hereof shall be deemed
waived unless such waiver shall be in writing and signed by LICENSER or a duly authorized
representative of LICENSER. If any provision of this Agreement is held invalid, the remainder
of this Agreement shall continue in full force and effect.