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END-USER SOFTWARE LICENSE AGREEMENT

IMPORTANT - PLEASE READ CAREFULLY: This End-User License Agreement is a legal ag
reement between you (either an individual or a single entity) and Cognitone GmbH
, 22159 Hamburg, Germany ("Cognitone") for the Product "Harmony Navigator", whic
h includes computer software, associated media, electronic documentation and pri
nted materials ("Software").
For free demo versions, slightly different terms apply. This is noted individual
ly where applicable. When the general term "Software" is used, this always inclu
des both the demo and the commercial product.
You agree to be bound by the terms of this License Agreement by installing, copy
ing or otherwise using the software. If you do not agree, do not install, copy o
r use the software.
The Software is protected by copyright and other intellectual property laws and
international treaties. Cognitone owns the title, copyright, and other intellect
ual property rights in the Software. The Software is licensed, not sold. You obt
ain the right to use the software according to the terms of this contract, not t
he ownership.
Summary
The most important points are: You may install and run the software on up to two
of your own computers at any one time. Never hand over the downloaded or otherw
ise obtained installation files, or installed copies of the commercial product t
o anyone else. Keep your user account password a secret. Keep your original inst
allation files, and backup copies in a safe place which is not accessible to thi
rd parties.
1. Grants of License
Cognitone grants to you as an individual, a personal, non-exclusive and non-tran
sferable license to use the Software, provided that you comply with the terms of
this contract. You may install and run a copy of the Software on one computer.
You may install and run another copy of the software on your portable computer (
but not on the computer of someone else).
Products licensed as NFR (¹Not For Resaleª) may exclusively be used for demonstratio
nal, testing and evaluation purposes. The license may not be sold or transferred
to third parties. NFR licenses are not eligible for upgrades or replacements.
2. Updates
In case the Software is an update to another product, you are required to own an
appropriate license for the original product the update belongs to. An update i
mproves and/or extends the original product. You may not separate the update fro
m its original product in order to run it on more than one computer.
3. Personalization
Prior to shipping, the Software is tagged with a serial number that was issued t
o you upon purchase of the license. The serial number proves your legal ownershi
p of a license. By means of this tag, you can comfortably access online updates
and other services directly without additional requirements.
4. Confidentiality
Your are required to protect your installation files, the installed Software and
your password for the Cognitone user account with reasonable diligence from bei
ng abused by third parties. That is, any of the items listed above must not be d
eposited at publicly accessible places or be made available to third parties, ei
ther directly or indirectly through negligence by giving others the opportunity
to get hold of them.
Should your serial occur on the Internet or on public file sharing networks, thi
s would immediately terminate this license. For security reasons, all services a
nd features associated with the license will be disabled or locked until the fac
ts are clarified. In the interest of all honorable customers, Cognitone reserves
the right to take legal action against any form of software piracy
5. Transfer
This license is personal and not transferable. Therefore, if you want to sell it
or give it away, please let us know once you found a buyer and we will terminat
e this license and the buyer will obtain a new license from Cognitone. For produ
cts that require the shipment of a new DVD to the buyer, Cognitone might charge
a small fee to cover the costs. For downloadable products, the service is free.
Please refer to the FAQ on our website for details (www.cognitone.com). The same
license can not be resold more than two times. After the second resale, the lic
ense receives NFR status (not for resale).
6. Copyright
Cognitone owns the title, copyright and other intellectual property rights in th
e Software, including its associated documents, images and other media, if not s
tated otherwise. You may print a physical copy of the electronic documentation f
or your personal use only. You may not make copies of printed or electronic mate
rials accompanying the Software.
After installing the Software in compliance with these license terms, you should
keep the original media you have received from Cognitone, or the downloaded ins
tallation files in a safe place. You are allowed to make a single copy for your
personal backup purposes only. If not expressly permitted by Cognitone, you may
not create or distribute any further copies of the Software or its accompanying
printed and electronic materials.
7. Termination
Without prejudice to any other rights, Cognitone may terminate this contract if
you fail to comply with the terms and conditions of this License. In such event,
you must destroy all installations and copies of the Software and all of its co
mponent parts.
8. Miscellaneous
You may not reverse engineer, decompile, or disassemble the Software. You may no
t rent, lease, lend, or provide commercial services with the Software. This lice
nse does not grant to you any rights regarding Cognitone's brand names and trade
marks. Cognitone reserves all rights not expressly granted to you in this contra
ct.
9. Disclaimer of Warranties
THE SOFTWARE AND ITS ASSOCIATED FILES AND DOCUMENTS ARE PROVIDED "AS IS" WITHOUT
ANY WARRANTIES. ALSO, THERE IS NO WARRANTY OF COMPLETENESS, ACCURACY, RELIABILI
TY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. Limitation of Liability
YOU AGREE THAT YOUR USE OF THE SOFTWARE IS SOLELY AT YOUR OWN RISK. IN NO EVENT
SHALL COGNITONE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL
, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFO
RMANCE, OR USE OF THE SOFTWARE. EVEN IF COGNITONE HAS BEEN ADVISED OF THE POSSIB
ILITY OF SUCH DAMAGES. IN NO EVENT WILL COGNITONE'S LIABILITY FOR ANY CLAIM, WHE
THER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE
PAID BY YOU, IF ANY.
11. Final provisions
This contract is governed under the law of the Federal Republic of Germany and a
ny dispute shall be subject to the exclusive jurisdiction of the local courts. T
he place of performance is the place of business of Cognitone GmbH, 22159 Hambur
g, Germany.
Any amendments or supplements to, and terminations of this contract must be made
in writing (or by e-mail, expect for legally formative declarations).
This contract supersedes all oral agreements, if any. Should one or more of the
individual provisions of this contract be or become invalid, this will have no e
ffect on the validity of the remaining provisions. The invalid provision will be
replaced by a regulation that matches as closely as possible the intended purpo
se of the invalid provision; the same applies in the case of an omission.