MUPAD END USER LICENSE AGREEMENT Part I applies if you have not purchased a license to the accom- panying software (the "Software"). Part II applies if you have purchased a license to the Software. Part III applies to all license grants. If you wish to purchase a license, contact SciFace Software GmbH & Co. KG ("SciFace") at Technologiepark 11, D-33100 Paderborn, Germany or send an email to info@sciface.com or use the online service www.sciface.com. PART I - Trial License SciFace grants you a non-exclusive single-user license to use the Software free of charge if your use of the Software is for the purpose of evaluating the Software. The evaluation period is limited to 30 days. You may use the Software in the manner de- scribed in Part II below under "Scope of Grant." DISCLAIMER OF WARRANTY Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non- infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not SciFace assume the entire cost of any ser- vice and repair. This disclaimer of warranty constitutes an essential part of the agreement. Even if parts of the disclaimer violates legal rights of some jurisdiction, only these parts are invalid, but not the entire disclaimer. PART II - Single-user License Subject to payment of applicable license fees, SciFace grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described in Part III below under "Scope of Grant." LIMITED WARRANTY SciFace warrants that for a period of twenty-four (24) month from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. SciFace does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free. SciFace also warrants that the media containing the Software, if provided by SciFace, is free from defects in material and workmanship and will so remain for six (6) month from the date you acquired the Software. SciFace's sole liability for any breach of this warranty shall be: (a) to replace your defective media; or (b) to advise you how to achieve substantially the same func- tionality with the Software as described in the Documentation; or (c) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) SciFace advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform SciFace of your problem with the Software dur- ing the applicable warranty period and provide evidence of the date you purchased a license to the Software will SciFace be obligated to honor this warranty. SciFace will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified. This is the only warranty made by SciFace. SciFace makes no other express warranty and no warranty of noninfrigment of third par- ties' rights. The duration of implied warranties, including without limitation, warranties of merchantability and of fitness for a particular purpose, is limited to the above limited war- ranty period. Even if parts of the limited warranty violates legal rights of some jurisdiction, only these parts are invalid, but not the entire warranty. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation. PART III SCOPE OF GRANT You may: * use the Software on any single computer; * use the Software on a network, provided that each person accessing the Software through the network, directly or indi- rectly (e.g., via a web interface), must have a license; * use the Software on a second computer as long as only one copy is used at a time; * copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. You may not: * permit other individuals to use the Software except under the terms listed above; * permit concurrent use of the Software; * install the software on a network, e.g. on a public server, if the Software can be accessed by persons not having a license; * modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software; * copy the Software other than as specified above; * rent, lease or otherwise transfer rights to the Software; or * remove any proprietary notices or labels on the Software. TITLE Title, ownership rights, and intellectual property rights in the Software shall remain in SciFace and/or its suppliers. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be pro- tected by applicable law. This License gives you no rights to such content. TERMINATION The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.