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BETA LICENSE AGREEMENT

-----------------------------This Beta License Agreement is between you and SmartPLS initiative (at the Insti
tute of Operations Management and Organizations, University of Hamburg, Germany)
and governs the use of the beta (test) version of the SmartPLS 2.0 software, re
lated software components, and documentation (all of which are referred to herei
n as the "Beta Software").
BY DOWNLOADING, INSTALLING OR USING THE BETA SOFTWARE, YOU AGREE TO BE BOUND BY
THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU D
O HAVE THE RIGHT TO NOT DOWNLOAD, INSTALL OR USE THE BETA SOFTWARE IN ANY OTHER
WAY.
Testing License. This is Beta test software, and as such, WILL CONTAIN BUGS AND
MAY CAUSE DATA LOSS. The Beta Software is licensed to you solely for testing pur
poses. You may install the Beta Software on a single computer for your use to te
st the Beta Software and you may make a single copy of the Beta Software in mach
ine readable form solely for back-up purposes.
Rights to the Beta Software. All rights that exist or will be achieved to or in
relation with the Beta Software, especially copy and trademark rights, exclusive
ly belong to the SmartPLS initiative (at the Institute of Operations Management
and Organizations, University of Hamburg, Germany) and are not assigned to you o
r any other person by this Agreement.
Restrictions on Use.
YOU MAY NOT CREATE DERIVATIVE WORKS BASED ON THE BETA SOFTWARE;
YOU MAY NOT REPRODUCE THE BETA SOFTWARE EXCEPT AS DESCRIBED IN THIS AGREEMENT;
YOU MAY NOT SELL, ASSIGN, LICENSE, DISCLOSE, OR OTHERWISE TRANSFER OR MAKE AVAIL
ABLE THE BETA SOFTWARE OR ANY COPIES OF THE BETA SOFTWARE IN ANY FORM TO ANY THI
RD PARTIES;
YOU MAY NOT ALTER, TRANSLATE, DECOMPILE, OR ATTEMPT TO REVERSE ENGINEER THE BETA
SOFTWARE, AS IT IS A VIOLATION OF LAW NOTWITHSTANDING THIS CONTRACTUAL PROHIBIT
ION;
YOU MAY NOT REMOVE OR ALTER ANY PROPRIETARY NOTICES OR MARKS ON THE BETA SOFTWAR
E.
Credit. You undertake to mention the use of the SmartPLS software application wi
th exact version number in any research publication resulting from the use of th
is software.
Activation. The Beta Software needs to be activated with a personal license key
that can be received from the SmartPLS forum (http://www.smartpls.de). To receiv
e the activation key, you need to create an account for the SmartPLS forum using
your true identity. Only user accounts with true identities are accepted to ent
er the SmartPLS forum. YOU AGREE NOT TO PASS YOUR PERSONAL ACTIVATION KEY OR YOU
R ACTIVATED VERSION OF SMARTPLS TO ANYBODY ELSE.
Time limitation. You accept that the use of this Beta Software is restricted to
a trial period of 90 days (after activation). Please check http://www.smartpls.d
e for information on how to use the SmartPLS software application after this tes
ting period of time.
Personal Information and Privacy. When creating your account for the SmartPLS fo
rum (to download the Beta Software and to get an activation key), we ask you to
provide certain personal information. You agree that this information is linked
to your copy of the Beta Software. You further agree that we might ask you for a
dditional information and that we gather, store and analyze information that is
personally identifiable. This includes checking your IP-address or setting and a

ccessing cookies on your computer system. No data transmissions over the Interne
t can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant
the security of any information you transmit to us and you do so at your own ri
sk.
Technical Support. Technical support is not provided for the Beta Software. You
may find the user-to-user support forums at http://www.smartpls.de helpful in ad
dressing any issues.
No Warranty.
THE BETA SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND SMARTPLS MAKES NO WARRAN
TY TO ITS USE, RELIABILITY OR PERFORMANCE.
SMARTPLS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN B
Y USING THE BETA SOFTWARE.
YOU BEAR ALL RISKS ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND US
E OF THE BETA SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERROR
S, DAMAGE TO EQUIPMENT, LOSS OF DATA, OR UNAVAILABILITY OR INTERRUPTION OF OPERA
TIONS.
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE BETA
SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.
Limitation of Liability. IN NO EVENT WILL SMARTPLS BE LIABLE TO YOU OR THIRD PAR
TIES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DA
MAGES WHATSOEVER, OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF SMARTPL
S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER
THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY.
Term and Termination. Either SmartPLS or you may terminate this Agreement at any
time. This Agreement shall terminate automatically, without notice, if you fail
to comply with the terms of this Agreement. Upon any termination of this Agreem
ent, you must discontinue use of the Beta Software and uninstall and destroy all
copies of the Beta Software you have obtained or made.
Modification. SmartPLS may modify the Beta Software and this Beta Agreement at a
ny time with notice to you by publishing the content on the SmartPLS website. In
the event that SmartPLS modifies the Beta Software or the Beta Agreement, you m
ay terminate this Beta Agreement and cease using the Beta Software under the con
ditions mentioned above. SmartPLS may terminate the Beta Agreement or the SmartP
LS service at any time, with or without notice.
Disputes. Conflicts that may arise in conjunction with the use of the Beta Softw
are shall be solved on friendly terms and, if necessary, by the support of a med
iator. If the dispute cannot be settled, the competent court is, without excepti
on, the District Court of Hamburg. The Agreement, its interpretation, performanc
e or any breach thereof shall be governed by and construed according to the laws
of the Federal Republic of Germany.
Contact Information. If you have any questions about this Agreement, please cont
act us at service@smartpls.de, and if you have any questions about licensing tha
t are not answered on our website (http://www.smartpls.de), please contact us as
well at service@smartpls.de.