License Agreement

Please read the following terms carefully before downloading and installing the Software. By downloading or installing this copy, you agree to the terms of this license agreement. Other Terms and Conditions are not accepted. The use of the Software is exclusively subject to the following terms. If you do not agree to any of the terms of this agreement, you may not download and install this Software.

I. Subject of This Agreement

fme AG grants the licensee the non-exclusive right to use the Software for an indefinite time at no cost.
2. The Software is provided for downloading on the fme AG website on the Internet.

II. Licensee's Right of Use

1. This copy of the Software is exclusively for use at one workplace.
2. The Software is copyrighted. The copyright remains with fme AG. The licensee is not permitted to assign or distribute sublicenses.
3. The licensee is entitled to produce copies as long as they exclusively serve for the protection of data. The licensee is not permitted to produce copies of this Software for any other purposes, to reproduce the Software in any other way and/or to make the Software available to third parties.
4. The licensee is not permitted to make any changes to the Software, especially to develop it any further or to retranslate it or to extract portions from it. The licensee may not change or remove the copyright or any other protection rights within the Software.
5. In as far as the license terms change, the licensee shall be informed thereof by fme AG and shall accept these changes. Failure to accept these changes will cause the licensee to lose this license.

III. Warranty

The licensee is aware of the fact that, given the current state of technology, errors in software programs cannot be excluded and that it is impossible to create data-processing programs so that they function flawlessly under any application conditions and under any requirements on the part of the licensee with any programs of third parties. Guaranties regarding certain properties or the usability for individual applications intended by the licensee are not made.

In view of the free provision of the Software, liability for any defects in quality and title is limited to malicious non-disclosure on the part of fme.

IV. Liability

Liability on the part of fme is excluded due to its free provision of the Software, except for liability pursuant to product liability law; that is, for intent or malice aforethought, for gross negligence, for harm to life, limb or health, for malicious non-disclosure of a defect or for violating basic contractual obligations. Liability claims for violation of material contractual obligations are limited to the typical foreseeable damages, unless intent or gross negligence is involved. This does not imply in any way a reversal of onus of proof against the licensee.

V. Termination

1. fme reserves the right to withdraw the license from the licensee via extraordinary termination for violation of this license agreement.
2. The licensee is entitled to terminate this license agreement at any time.
3. In case of termination or loss of the license, the licensee is obligated to return the Software, including its documentation and all copies.

VI. Miscellaneous Terms

1. fme AG reserves the right to raise license fees for new versions of this Software.
2. If license fees are raised, the licensee shall have the right to extraordinary termination without notice.
3. Place of performance is Braunschweig, Germany.
4. This agreement is subject to Federal German Law under exclusion of the United Nations Convention of Contracts for the International Sale of Goods (CISG).
5. Place of venue is Braunschweig, Germany, inasmuch as a valid agreement can be reached to that effect.

VII. Severability Clause

In the event that one of the above terms is or becomes invalid, the parties shall agree to an effective settlement that best approximates the original economic intent.