License agreement:
IMPORTANT! PLEASE READ CAREFULLY: This User License Agreement "ULA" is a legally valid contract between you (either as a natural person or as a legal entity) and ThinPrint GmbH concerning the ThinPrint product as named above, which includes computer software and may contain additional media, printed matter, and documentation in online or electronic form (this bundle is called the SOFTWARE PRODUCT). This SOFTWARE PRODUCT may include amendments or appendices to the present ULA. BY INSTALLING THE SOFTWARE PRODUCT ON A COMPUTER, BY COPYING IT OR BY OTHERWISE USING IT, YOU AGREE TO THE REGULATIONS OF THIS ULA AND ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THE REGULATIONS SET FORTH IN THIS ULA, YOU ARE NOT ENTITLED TO INSTALL OR USE THE SOFTWARE PRODUCT, BUT YOU MAY RETURN IT TO THE PLACE OF PURCHASE FOR A FULL REFUND OF THE PRICE OF THE SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and by international copyright laws and treaties on intellectual property. The SOFTWARE PRODUCT is licensed, not sold. All legal regulations for copyright laws and sales contract law of German Civil Code ("BÜRGERLICHES GESETZBUCH") apply unless otherwise specified in this ULA. 1. RIGHTS OF LICENSE. On condition that you meet all regulations in this ULA, this ULA grants you the following rights: a) Types of Software. The SOFTWARE PRODUCT includes one or more of the following types of Software: "Server software", which will provide services or functions on a computer used as a server (the computer which runs the server software will be called "server" in the following), and "Client software", which will allow a computer, a workstation, a terminal, a portable PC, a pager, a telephone, a "Smart Phone" or any other electronic device (the devices named here will in the following be referred to as "device"), to access the services or functions of the server software or otherwise make use of them. b) Purchasable SOFTWARE PRODUCTS are licensed using license keys, which must be entered in the License Manager of the server software. Said license keys are composed of a series of numbers and letters divided into 5 blocks (XXXX-XXXX-X-XXXXXX-XXXX). The first block (a block of letters) in a license key (hereafter "Block 1") identifies the type of license. The third block (a block of numbers) in a license key (hereafter "Block 3") defines the number of clients for client-based licensing. All licenses, including licenses marked as demo licenses of the SOFTWARE PRODUCTS, are initially valid for 30 days. With the exception of demo licenses and master licenses, all licenses of the SOFTWARE PRODUCTS are valid beyond the initial 30 days after they have been activated (activation). ThinPrint may refuse activation if the respective license key is not intended for use with the SOFTWARE PRODUCT in the installed version. By accepting the terms of this ULA you agree to provide all information required for the activation process completely and truthfully. Master licenses are first valid after the signature of a specific license agreement and only if you are named as the user of the SOFTWARE PRODUCTS in this agreement. A valid license key initially entitles you to the use of the SOFTWARE PRODUCT in version current at the time of purchase. The use of new versions of the SOFTWARE PRODUCT released after the date of purchase ("UPDATES"; see also Paragraph 4 of this agreement) is only authorized with a valid update authorization. c) Not For Resale Software. If the SOFTWARE PRODUCT is designated as "Not for Resale" or "NFR", the use of the SOFTWARE PRODUCT is limited to purposes of demonstration, testing, or evaluation; all other use is prohibited. You do not have the right to resell or otherwise exchange the SOFTWARE PRODUCT for compensation. d) Condition of License. Where the server software is deployed as print server software in a server farm with one or more terminal servers, each of said terminal servers from which print data is created, either directly or collaterally, within the context of a terminal session, will be licensed with an equivalent or superior version of the ThinPrint’s Application Server Engine license. e) Software as teaching version. If the SOFTWARE PRODUCT is marked as "teaching version", you may only use the SOFTWARE PRODUCT as the acknowledged user of a recognized educational institution. If you are not an acknowledged user of a recognized educational institution, this ULA will not grant you any rights whatsoever. To find out whether you are an entitled user of a recognized educational institution, please contact ThinPrint GmbH, Alt-Moabit 91a/b, 10559 Berlin, Germany. f) Additional Software. All software, with which ThinPrint GmbH provides you and which updates or extends the original SOFTWARE PRODUCT, is part of the SOFTWARE PRODUCT and subject to the regulations of this ULA, unless such updates or extensions include other terms of use. All software which is provided to you together with the SOFTWARE PRODUCT that includes a separate user license agreement is licensed to you under the regulations of this license agreement; unless the other ULA contains special regulations about the use of such software, the regulations of this ULA apply. g) Reservation. ThinPrint GmbH explicitly reserves all rights not explicitly granted. 2. LICENSING OF .PRINT SOFTWARE COMPONENTS .print Server Engine: The software of .print Server Engine may be installed on any Windows server. Every server which is installed with the software of .print Server Engine must have at least one valid license for the .print Server Engine (THPS in "Block 1"). If the .print Server Engine is run on a server which functions as a print server for one or more terminal servers (server farm), all terminal servers in the server farm which initiate .print print jobs in direct or indirect association with a terminal session and issues these print jobs via this print server must each have at least one valid .print Application Server Engine license (THPR in "Block 1"). Said .print Application Server Engine licenses must have the same or higher version number as the .print Server Engine on the print server. .print Application Server Engine: The software of .print Application Server Engine may be installed on any terminal server. Every terminal server which is installed with the software of the .print Application Server Engine must have at least one valid license for the .print Application Server Engine (THPR in "Block 1"). .print Remote Desktop Printing Engine: The software of .print Remote Desktop Printing Engine may be installed on any terminal server. Every terminal server which is installed with the software of the .print Remote Desktop Printing Engine must have at least one valid license for the .print Remote Desktop Printing Engine (TRDP in "Block 1"). .print Queue Manager: The software of .print Queue Manager may be installed on any terminal server. Every server which is installed with the software of the .print Queue Manager must have one valid license for the .print Queue Manager PS license (THSP in "Block 1") and one for .print Server Engine license (THPS in "Block 1"). If the software of the .print Queue Manager is installed on a terminal server, a valid .print Queue Manager AS license (THRP in "Block 1") and a .print Application Server Engine license (THPR in "Block 1") are enough for this server. .print Connected Client Gateway: The software of the .print Connected Client Gateway may be installed on any client computer. Every server that addresses .print print jobs directly or indirectly to a client machine configured as a .print Connected Client Gateway must have a valid .print Server Engine license (THPS in "Block 1"). Every terminal server that addresses .print print jobs directly or indirectly to a client machine configured as a .print Connected Client Gateway must have a valid .print Application Server Engine license (THPR in "Block 1"). For every .print Connected Client Gateway that connects to a server on which the .print Connection Service is running, said server must have a valid .print Connected Client Gateway license (THCG in "Block 1"). The number in "Block 3" of the license keys shows the number of available .print Connected Client Gateway licenses. .print Connected Mobile Client: The software of the .print Connected Mobile Client may be installed on any mobile end device. The use of the software on stationary end devices is not allowed. Every server that addresses .print print jobs directly or indirectly an end device configured as a .print Connected Mobile Client must have a valid .print Server Engine license (THPS in "Block 1"). Every terminal server that addresses .print print jobs directly or indirectly to an end device configured as a .print Connected Mobile Client must have a valid .print Application Server Engine license (THPR in "Block 1"). For every mobile end device installed with a .print Connected Mobile Client that connects to a server on which the .print Connection Service is running, said server must have a .print Connected Mobile Client license (THCT or THCG in "Block 1"). The number in "Block 3" of the license keys shows the number of available .print Connected Mobile Client licenses. .print SDK Runtime license: The software of SDK Runtime license may be installed on any server. Every one of these servers that addresses .print print jobs directly or indirectly to a client machine must have a valid .print Server Engine license (THPS in "Block 1"). For each client machine that simultaneously connects to a server on which the .print Connection Service is running and receives .print print jobs, said server must have a .print SDK Runtime license (THCN in "Block 1"). The number in "Block 3" of the license keys shows the number of available .print SDK Runtime licenses. .print Host Integration Service: The software of the .print Host Integration Service may be installed on any Windows server. Every server which is installed with the software of .print Host Integraion Service must have at least one valid license for the .print Host Integraion Service (TPHS in "Block 1"). Terminal servers, which receive print jobs from a server with installed .print Host Integration Service must each have at least one valid .print Application Server Engine license (THPR in "Block 1"). Said .print Application Server Engine licenses must have the same or higher version number as the .print Host Integraion Service on the server that sends the print jobs. .print Server Engine Unix: The Software of .print Server Engine Unix may be installed on any server with a Unix-compatible operating system. Every server which is installed with a .print Server Engine Unix must have at least one valid license of the .print Server Engine Unix for the corresponding Unix version. 3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Transfer of software. You are entitled to transfer server software from one computer to another, provided it is removed from the computer from which it was transferred. Leasing. You are not entitled to lease the SOFTWARE PRODUCT, or to lend it or to loan it. Transfer to third parties. The first user of the SOFTWARE PRODUCT may transfer the SOFTWARE PRODUCT and this ULA once and permanently to a user. This transfer must include all parts of the SOFTWARE PRODUCT (including all component parts, the media and printed matter of this ULA). Such a transfer may not be on commission or be of any other indirect form of transfer. The recipient of such a sole transfer implicitly agrees to this ULA, including the obligation to not further transfer this SOFTWARE PRODUCT or this ULA. Note for users. You are under the obligation to inform all users of the SOFTWARE PRODUCT about the provisions of this ULA. Limitations concerning reverse engineering, de-compiling and disassembling. You are not entitled to reverse engineer, de-compile or disassemble the SOFTWARE PRODUCT, unless and only in so far as statutory law explicitly disregards this provision . Comparative and performance tests. You are not entitled, without prior written consent of ThinPrint GmbH, to reveal the results of comparative tests of the server software or of the client software to third parties. Limitation on versions of the software . The server software carries a distinct version or release number (e.g. "3.5"). The ULA allows you to keep one single copy of the server software of the same (or any lower) version number as the version number of the server software that is shown above on a single computer. Termination. Regardless of other rights, ThinPrint is entitled to terminate this ULA when you violate the provisions of this ULA. In that case you are under the obligation to destroy all copies of the SOFTWARE PRODUCTS and all its component parts. Agreement to the utilization of data. With regard to any technical data which you have revealed or will reveal to ThinPrint GmbH, for example in connection with support services related to the SOFTWARE PRODUCT ("support services"), you agree that ThinPrint GmbH (and its subsidiaries and representatives) may, for their own business purposes including product support and development, collect, store, process and use such data. ThinPrint GmbH is under the obligation to make use of such data only in anonymous form. 4. UPDATES. If the SOFTWARE PRODUCT is an update of another product, to use the SOFTWARE PRODUCT you must have an appropriate license for a product which has been named as suitable for the update by ThinPrint GmbH. A SOFTWARE PRODUCT that constitutes an update replaces and/or extends (and possibly deactivates) the original basic product. You may only use the new, updated SOFTWARE PRODUCT in accordance with the provisions of this ULA. 5. INTELLECTUAL PROPERTY RIGHTS. All property rights and intellectual property rights of the SOFTWARE PRODUCT (including but not limited to images, photographs, animation, video, audio, music, text and applets which are part of the SOFTWARE PRODUCT) and every copy which you are entitled to make according to the ULA remain with ThinPrint GmbH or its suppliers. All property rights and intellectual property rights of content which can be accessed using the SOFTWARE PRODUCT are the property of the respective owner of that content and may be protected by the applicable copyright laws or other laws or agreements about intellectual property. This ULA does not grant you any right to use such content. If this SOFTWARE PRODUCT contains documentation which is only provided in electronic form, you may print one copy of this electronic documentation. You are not entitled to copy any printed matter accompanying the SOFTWARE PRODUCT. 6. BACKUP COPY. You may retain the original media on which the SOFTWARE PRODUCT was supplied by ThinPrint GmbH after the installation of one copy of the SOFTWARE PRODUCT in accordance with this ULA, solely for archival purposes of for the renewed installation of the SOFTWARE PRODUCT on the same computer on which it was installed before. 7. SOFTWARE ON TWO TYPES OF STORAGE MEDIA. You may have been supplied with the SOFTWARE PRODUCT on more than one type of storage media. Independent of the type or size of the media supplied, you may only use one single medium which is appropriate for your one single computer. You are not entitled to use the other medium on another computer. You are not entitled to lend, loan, lease, or otherwise transfer to other users the other medium, unless for a permanent transfer of the SOFTWARE PRODUCT as described above. 8. WARRANTEE. ThinPrint GmbH wishes to emphasize that it is technically not possible to develop software in such a way that will ensure its working without errors in connection with all applications and under all circumstances. The program does have to perform the functions contractually agreed upon accurately. An "error" in the software as defined in this agreement is constituted if the software functions are not performed in accordance with the use stipulated in the contract or with normal use, if wrong results occur; if the running of the program is interrupted, uncontrolled, or if the use of the software is impeded or prevented in any other form averse to its function. Rights of warranty are granted under contractual law as set down in by German Civil Code (BGB). You agree to grant ThinPrint GmbH the necessary time and opportunity to undertake measure of improvement. ThinPrint GmbH has the right to two rectify deficiencies. Should rectification of deficiencies fail or be prolonged beyond a reasonable period, you have the right to either withdraw from this contract or demand a reduction in the purchase price. 9. LIABILITY. The software is tested and checked for its general adequacy by ThinPrint GmbH. Liability only includes damage that results from gross negligence or intentional damage resulting from this use of the software. Liability for gross negligence or intentional damage is limited to foreseeable damages. This limitation of liability also applies to prior inability of ThinPrint GmbH. The guarantee is valid for 24 months after the installation. You acknowledge that as part of your obligation to minimize damage, you are specifically obliged to backup your data regularly. You will take all reasonable security measures in the case of an assumed error in the software. 10. LIMITATIONS CONCERNING EXPORT. You hereby agree that you will not export or re-export to a country not part of the European Union or make accessible to a natural person or legal entity by export or re-export the SOFTWARE PRODUCT, any part of it or a process or service which is the immediate result of the SOFTWARE PRODUCT (the aforementioned is subsumed under "limited components") 11. THE CONTRACT AS A WHOLE. This ULA (including all appendices or extensions to this ULA which are part of the SOFTWARE PRODUCT) and the client access license (if applicable) constitute the entire contract between you and ThinPrint GmbH with regard to the SOFTWARE PRODUCT and support services (if applicable). They take precedence over all prior or simultaneous verbal or written information or offers regarding the SOFTWARE PRODUCT or any other issue covered by this ULA. If you have not been granted an individual user license agreement and it restricts or breaches the validity of this ULA, the terms of this ULA apply. The ULA is always supplemented by the General Terms of Trade, which can at any time be downloaded from www.thinprint.com/gtt and printed, and read. 12. ADDITIONAL AGREEMENTS, LEGAL VALIDITY. Additional agreements and extensions of the contract are required to be in writing to be valid. If one of the provisions of this ULA should be ineffective or should become ineffective, the remaining provisions of this ULA will remain effective. The ineffective or missing provision shall be replaced by an economically and legally valid equivalent. 13. JURISDICTION AND APPLICABLE LAW. Sole jurisdiction for all disputes arising from this contractual relationship is Berlin. Applicable material law is German law. ThinPrint GmbH 10559 Berlin/Germany March 2005 (.print v05)

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