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general conditions

definitions

author
the author of this software is: wolf van heeswijk

client
a natural or legal person (i.e. a company) in any country, who has a legal
relationship with author in connection with a license or in connection with any
form of providing the software to this natural or legal person by author .

software
computerprograms, third-party software components, file structures, helpfiles, and
other software provided by author to enable operation of the software products on
a computer.

license
a grant of license by author to allow client to install and use the software on
his/her computer under the conditions laid down in the license agreement.

delivery
delivery to client means that author makes the software available to client for
use on one or more computers, under the conditions laid down in the license
agreement. delivery does not affect the ownership of the software: author remains
the owner of the software and the intellectual property rights at all times.

parties
author and client are the two parties for whom any legal relationship is governed
by these general conditions.

general

1.1 these general conditions and terms of delivery - exclusively - govern each
and every legal relationship between author and client. terms that differ from
these general conditions and terms of delivery are only applicable if and when
author has explicitly agreed to those terms in writing.

1.2 when an agreement between author and client ends - by whatever cause - these
general conditions and terms of delivery remain in full force and will govern each
and every relationship between the parties.

2 each and every legal relationship between author and client will be
exclusively governed by dutch material- and formal law, excluding collision law
and other legal rules. international treaties that have no direct force under the
dutch legislative system as well as the vienna convention on consumer goods are
expressly excluded.

3 the moment a license agreement between author and client goes into force,
client is granted a non-exclusive, non-transferable license to use the software on
the computers to which the license applies, under the conditions laid down in the
license agreement.

4 the license agreement goes into force when client, during the installation
of the software on his/her computer, accepts the license agreement. by installing
the software, client fully accepts all terms in the agreement, and fully accepts
these general conditions.
5 client is granted the non-exclusive, non-transferable license to install the
software on his/her computer and to use it on that computer, only if he/she:
a. fully accepts these general conditions
b. fully accepts the license agreement presented during the installation

limitations for use of the software

6 the software is not intended for use in, nor deemed suitable for application
in nuclear facilities, aircraft navigation systems, air traffic control systems,
naval navigation systems, naval traffic control systems, medical treatment of one
or more persons, or any other situation where any use of the software, e.g. due to
errors in the software or due to any other cause in using the software, could lead
to death, personal injury or any other physical damage or to damage to the
environment. client agrees not to use the software in any of those situations and
indemnifies author for all damage claims that could result from such unauthorized
use of the software.

7 client shall not use the software in any form or activity that infringes the
intellectual property rights of author. copying , analizing, reverse-engineering
the software, using or re-using parts of the software in another form than
provided by author , building or including parts of the software into other
software - and similar activities - form an infringement of the rights of author
and are not allowed.

8a license granted to client does not imply in any way a promise for support
that goes further than providing the help-file with the software. by accepting the
license agreement client accepts that no further support for using the software is
implied in the license.

9 this software is provided "as is" without a warranty of any kind. by


accepting this license agreement, licensee agrees that he or she will make use of
the software entirely at his/her own risk, and that he/she takes the full
responsibility for using the software, including the possibility that it may still
contain bugs or errors and that the fitness for any particular purpose was not
demonstrated and is not guaranteed or promised by author. in no event shall author
or its suppliers be liable for any damages whatsoever including direct damages,
indirect damages, incidental damages, consequential damages, loss of business
profits or any special or other damages, even if author has been advised or warned
on the possibility of such damages.

other terms and provisions

10 author endeavours to prevent virus contamination of its software, yet cannot


fully guarantee that no virus contamination or other malicious intervention
through the internet - or through another route - could occur. client agrees that
he/she is fully resonsible to check his/her own computer for virus presence and
other malicious effects when installing and using the software.

11 in case a court verdict would imply that ruling out all forms of liability
of author is not allowed, the liability of author will be limited to the license
fee client has paid for the software.

12 by filling the registration form in the order procedure, client grants


author the right to store clients personal data - as submitted - in one or more
files for administrative purposes used by author.

13 any dispute that may arise from these general conditions and terms of
delivery or from the license agreement accepted by client in the installation of
the software will exclusively and entirely be subjected to the court verdict of
the district court (arrondissements-rechtbank) in the hague, netherlands (den
haag).

14 if one or more of the terms or clauses in these general conditions is / are


in conflict with legal rules or are declared invalid by a decision in court, the
other terms and clauses will be unaffected and will remain in full force. author
and client will then agree on one or more new terms that provide a legal solution
in accordance with the intent of the original text of these general conditions.