License Terms for Software Products of the WoltLab GmbH § 1 Rights of Use (1) In return for the payment of the agreed lump sum remuneration, WoltLab grants its Customers a non-exclusive, unlimited right to use the Software for an unlimited period of time. (2) The acquired Software is licensed exclusively to the Customer mentioned in the Customer Account and may be used according to paragraph 1 above only by this Customer. (3) One "Copy" of the Software entitles the Customer to use the Software on maximum one (1) server (or one "webspacepacket" of a provider, as the case may be) at the same time. In doing so, the data base necessary for the operation of the Software may be mirrored to several servers (data base cluster) for the purposes of load spreading. (4) If Customers intend to use the Software on more than one server, the right of use must be extended accordingly, that is, Customers need to acquire one or, if needed, several copies of WoltLab’s Software. Any use beyond the contractual agreement, in particular the use of the Software on more than one server concurrently per one copy of the Software constitutes a breach of contract. In this case the Customer is required to inform WoltLab about the use in excess of the license. (5) Customers are entitled to make a security backup of the Software and to conduct daily data storage. The creation of any further copies other than security backup and data storage is prohibited. (6) Customers are not entitled to de-compile, amend or change the Software unless this is permitted by law, i.e. in case such de-compilation, amendment or change is necessary to create an interface for other software applications or to eliminate malfunctions in the Software. Customers may change, amend or process the source code of the Software as well as the data base structure of the Software at their own risk. Customers are also entitled to adjust the software in terms of graphics and functions to their own needs. (7) Copyright markers as well as other notes identifying software- or source code may not be removed or amended. They are to be transferred to each copy of the Software. This does not apply if Customers have acquired from WoltLab a "Branding Free"-license, which allows Customers to remove the respective copyright markers as well as other notes identifying software- or source code. § 2 Updates (1) WoltLab provides Software updates at least once in a calendar year. Customers will be automatically informed about an update by e-mail to the e-mail address linked to the Customer Account. Customers may install the respective update at their own discretion. (2) Customers should be aware of the fact, that they may use the latest version of the software together with its latest features without restrictions only if updates are installed. (3) WoltLab assumes no liability for any damage if the Customer did not install the update, provided that WoltLab can prove that no malfunction would have occurred had the current update been installed. (4) The license term for the updates depend on the update and service package acquired together with the Software (standard and professional). The minimum license term is one (1) year. It does not extend automatically. § 3 Transfer (1) The Software copy may only be transferred as a whole, i.e. by discontinuing the use of the acquired Software copy, Customers may transfer its respective right to use the Software according to the license agreement between WoltLab and the Customer to a third party. In this case the Customer must delete the Software on the Customer’s own remaining data carriers. After transfer the Customer’s right to use the Software ceases to exist. (2) Customers may not transfer the Software to third parties if there is a reasonable suspicion that the third party intends to breach the existing license provisions, particularly if the third party intends to create illegal copies. WoltLab GmbH Im Schwarzen Grund 21 14195 Berlin Germany E-Mail: woltlab@woltlab.com Phone: +49 30 6167599-0 Fax: +49 30 6167599-1 Internet: woltlab.de, woltlab.info, woltlab.org, woltlab.com Managing Director: Marcel Werk Commercial Register: Local Court Berlin Charlottenburg HRB 99901 B