License Agreement - Normfall Software and Contents

End User License Agreement

(Version 4.00.2 - 04.08.2008)

§ 1

Parties

The parties of this End User License Agreement ("Agreement") are Normfall GmbH, Munich, Germany ("Normfall"), and each individual or single entity ("user") that downloads the software created and sold by Normfall from the Normfall website. This Agreement is a contract and sets forth the terms and conditions under which the user is licensed to use the software (defined in § 2, section (1)).

§ 2

Object of Agreement and Payment

(1) The object of the Agreement is the use

- of Version 4.0 of Normfall Manager in the following editions: Reader, Basic, Education, Professional, Enterprise,

- and/or of Contents, which were created with one of the aforementioned software tools and are used according to the terms of the Agreement, particularly Normfallkommentar zum Strafrecht and/or the Trainer Strafrecht,

(referred to without differentiation in the following as "software") in the context of the terms of use established in the conditions of the Agreement.

(2) The software is left to the user for an unlimited period of time.

(3) The use of the software is generally associated with costs. The extent of the payment required corresponds to the current prices and payment conditions found on the Normfall website at www.normfall.de. The payment for the use of the software is due at the time of the order of the software.

§ 3

Conclusion of the Contract

The conclusion of the contract between the user and Normfall concerning the use of the software occurs with the acceptance of the terms of the Agreement during the installation process of the software. A conclusion of the contract can however occur earlier, if the user is specifically referred to the contract.

§ 4

Rights to Use

(1) The user obtains the right to use the software selected by him or her with the following regulations. This right cannot be transferred to a third party.

(2) The rights to use of the software include as permissible

- the necessary reproduction of the software, given that it is required for the use of the software. The installation or saving of the software to a mass storage device of the hardware employed as well as the loading and launching of the software in main memory is particularly included in the necessary reproduction of the software,

- necessary alterations and reproductions for the correction of program errors; an error in this sense only exists when the properties of the software differ from the description of the program in the user documentation or the software does not carry out its objectively intended task and additionally the use of the program is considerably disrupted,

- the setup of the software and/or the development of own knowledge management as well as the creation, editing, attaching, and/or the administration of documents by the license holder him or herself and exclusively for his or her own purposes.

- as an exception, the decompilation and reverse engineering according to requirement of § 5 of this Agreement.

Apart from the aforementioned cases the user is not permitted to make changes to, translate or copy the software. Printing the program code or photocopying the user documentation or fundamental parts thereof is considered an inadmissible reproduction of the software. Distributing and publishing structures and cases created with the software is only permissible in the context of an arranged usage over the website of Normfall by the means of a separate contract. The right to use does not include the right to setup the software for a third party or to develop knowledge management, create, edit, attach, and/or administer documents for a third party, even if the recipient of these services is him or herself a license holder, or to allow a third party to carry out the mentioned activities.

(3) The user is only permitted to install and use the software with his or her license key on one computer. The use of a license key simultaneously on several systems is not permitted. In this case computer refers to a physical computer and/or a virtual computer. Should the user have several user accounts on his or her computer, he or she can use the license key for each user account under which he or she uses the software.

(4) The installation requires an operating system of the Windows family. Further technical requirements that are necessary for successful execution of the application can be found on the homepage of Normfall GmbH (www.normfall.de). A faultless execution of the software requires the user to observe the technical requirements.

(5) The license can also be purchased under special terms, which are then valid in addition to the general terms.

- Normfall Manager 4.0 can be obtained by trainees/students and instructors/teachers at a reduced price as part of the Normfall Manager Education License. This offer is valid for trainees/students who are currently taking part in full-time career training or currently enrolled as a full-time student. Instructors/teachers must spend at least 50% of their working hours with a teaching activity for the offer to be valid. This offer also applies to professors and academic assistants at accredited universities.

§ 5

Decompilation and Program Alterations

(1) The retranslation of the program code by the user into other code forms (decompilation) and other types of backward development of the different levels of production of the software (reverse engineering) including any alterations to the program are only permissible for the purpose of removing errors as defined in § 4, section (2), dash 2 of this Agreement or when this operation is indispensable for the creation, maintenance or functioning of an independently created, interoperable program, the necessary information has not yet been made public or otherwise accessible, and cannot be obtained by request from Normfall. An error in the software in this sense only exists when

(a) the properties of the software differ from the description of the program in the user documentation or the software does not carry out its objectively intended task, and

(b) additionally the use of the program is considerably disrupted.

Alterations made by the user are to be documented and reported to Normfall.

(2) The removal or circumvention of copy protection or similar protection mechanisms is only permissible when the undisrupted use of the program is impaired or prevented by this protection mechanism. The user carries the burden of proof regarding the impairment or prevention of undisrupted use of the program.

(3) The activities described in sections (1) and (2) of this regulation may only be carried out by a commercially active third party that is in a potential position of competition with Normfall if Normfall does not want to make the alterations on the basis of a reasonable payment. Normfall is to be given an adequate time period to review the given task.

(4) Copyright mentions, serial numbers and other features serving the purpose of identifying the program may not be removed or altered under any circumstances. The same is valid for the on-screen display of such features.

(5) The software of Normfall GmbH uses software components under the Apache license. A list of the used software components with the license text can be found in the program directory of the given program of Normfall GmbH and carries the file name „Apache 2.0 License - Komponenten in Normfall.pdf".

§ 6

Use by Multiple Users and on a Network

(1) The user may use the software on any hardware available to him or her given that the hardware is in accordance with § 4, section (3) of this Agreement. Should the user change hardware, he or she must delete the software from the mass storage device of the previously used hardware. Simultaneously saving, holding in stock, or using the software on more than one hardware system is not permitted, unless this equipment is used strictly by the license holder (e.g. an office computer and laptop).

(2) The software may not be installed on any medium that several users can access simultaneously.

§ 7

Transfer of the Software

The user is not permitted to make the software or parts thereof accessible to any third party nor is he or she permitted to give the software to a third party permanently or for a restricted period of time. The user is particularly required to store the software so that no third party can gain access to it. Employees of the user are not considered a third party in this sense.

§ 8

Guarantee

(1) Defects in the delivered software including the user documentation and other documents will be repaired by Normfall within the deadline for defect liability of two years beginning with the return and appropriate notification of the defect by the user. This occurs, according to the choice of the user, in the form of a removal of the defect (rectification of defects) free of charge or the delivery of a defect-free piece of software (replacement); in each case this occurs over a download of a corresponding update from the website of Normfall, www.normfall.de. This does not result in costs.

(2) If the defect cannot be repaired within a reasonable period of time or if the rectification of defects or replacement has failed for other reasons, the user may opt to receive a partial reimbursement (reduce), withdraw from the Agreement or demand compensation for damages. The two latter claims are regulated according to § 9 of this Agreement. Withdrawal from the Agreement does not rule out the right to compensation for damages.

(3) A failed rectification of defects or replacement occurs only when Normfall has received sufficient opportunity to implement a rectification of defects or replacement without the desired result being reached, when the rectification of defects or replacement is not possible, when these options are refused by Normfall or are unreasonably delayed, when well-founded doubt regarding the chances of success in these matters exists or when another unreasonable situation occurs for other reasons.

§ 9

Liability

(1) The user's claim to compensation for damages is regulated by the present clause regardless of the legal character.

(2) Normfall assumes unlimited liability for damage to persons that results from a negligent breach of duty by Normfall or a deliberate or negligent breach of duty by a legal representative or assistant of Normfall.

(3) The legal product liability remains unaffected.

(4) For other liability claims Normfall assumes liability without limitation only in the case that the guaranteed quality is not existent or for intent and gross negligence of its legal representatives and assistants.

(5) For slight negligence Normfall only assumes liability in the case that an obligation was breached whose compliance matters for the attainment of the intended purpose of the Agreement (cardinal obligation). In the case of a breach of cardinal obligation the liability is limited to the total amount of five-times the payment for the license as well as damages with whose emergence is typically anticipated in the context of a software license.

(6) The liability for loss of data is limited to the typical costs of recovery that would have taken place in the case of regularly created backup copies corresponding to the danger of such a loss of data. The user is aware that he or she must provide for regular backups of his or her data within his or her damage reduction duty and in the case of suspected software error must take into consideration all reasonable additional data protection measures. To protect data, copies of all program data must be created regularly. Documentation of the program data for the corresponding software version can be found on the Internet pages of Normfall GmbH (www.normfall.de).

(7) The employees, colleagues, representatives and assistants of Normfall are likewise only liable according to the regulations of this liability clause.

§ 10

Inspection and Notification Obligation

(1) The user is required to examine the delivered software for obvious defects that are noticeable to an average customer. Obvious defects must be reported in writing to Normfall within two weeks of the delivery. The defects, particularly the observed symptoms must be described in detail.

(2) Defects that are not obvious must be reported to Normfall by the user within two weeks of noticing the given defect.

(3) In the case of breach of the inspection and notification obligation the software is considered approved by the user with respect to the given defect.

§ 11

Legal Reservation

(1) Normfall reserves all rights to the software downloaded by the user until the complete payment of all claims existing at the time of delivery or incurring later from this Agreement is fulfilled.

(2) In the case that the user has arrears with Normfall, the assertion of legal reservation by Normfall is not to be considered a withdrawal from the Agreement, unless Normfall explicitly notifies the user thereof.

(3) In the case of assertion of legal reservation by Normfall, the right of the user to the use of the software expires. All copies of the program made by the user must be deleted.

§ 12

Termination of the Contract for Cause

(1) Normfall can terminate the contract with the user at any time by presenting a cause, particularly when the user commits breach of contract with respect to any regulation found in the Agreement.

(2) In the case of a cancellation, any payment already made by the user will not be refunded entirely or in part.

(3) After the termination of the Agreement the user must delete the software including all copies thereof completely and irreversibly.

§ 13

Limited Savings Clause

(1) Should individual regulations of this Agreement be invalid, with the exception of § 4, the relevant legal regulation takes its place. Otherwise the contract remains unaffected.

(2) Should § 4 be completely or partially invalid, the entire Agreement becomes ineffective. All rights to use become inapplicable.