RADpage/heitml End User License Agreement Commercial RADpage/heitml License (Applicable when RADpage/heitml is Registered and License Fees have been Paid) This License Agreement is a legal agreement between you, the end user, and H.E.I. GmbH concerning your rights to use the accompanying software product, documentation, source code libraries and source code application files. Read all terms and conditions of this License Agreement carefully before installing and using any of the materials downloaded as part of this package. By using any part thereof you indicate your acceptance of this License Agreement. If you do not agree to the terms and conditions of this License Agreement, you are expressly prohibited from using, distributing, archiving or storing any of the contents, files, programs or materials contained within the downloaded package in any form, electronic or other. This Agreement provides a License to use RADpage/heitml (the Software) in commercial applications. Subject to payment of applicable license fees, H.E.I. GmbH grants you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described below under "Scope of Grant." LIMITED WARRANTY H.E.I. GMBH WARRANTS THAT FOR A PERIOD OF NINETY (90) DAYS (OR THE MINIMAL DURATION REQIRED BY THE APPLICABLE LAW) FROM THE DATE OF ACQUISITION, THE SOFTWARE, IF OPERATED AS DIRECTED, WILL SUBSTANTIALLY ACHIEVE THE FUNCTIONALITY DESCRIBED IN THE DOCUMENTATION. H.E.I. GMBH DOES NOT WARRANT, HOWEVER, THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR SECURE. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED IN THE SOFTWARE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS. BY ACCEPTING THIS LICENSE YOU CERTIFY THAT (A) YOU HAVE TESTED THE SOFTWARE UNDER THE NON-COMMERCIAL LICENSE AND HAVE DETERMINED THAT IT SUITS YOUR NEEDS, OR (b) YOU WERE AWARE OF YOUR RIGHT TO TEST THE sOFTWARE AND PURPOSELY DID NOT MAKE USE OF THIS RIGHT. H.E.I.'S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN H.E.I. GMBH'S SOLE DISCRETION: (I) TO ADVISE YOU HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED IN THE DOCUMENTATION THROUGH A PROCEDURE DIFFERENT FROM THAT SET FORTH IN THE DOCUMENTATION; OR (II) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE LICENSE FEE YOU PAID FOR THE SOFTWARE. ONLY IF YOU INFORM H.E.I. GMBH OF YOUR PROBLEM WITH THE SOFTWARE DURING THE APPLICABLE WARRANTY PERIOD AND PROVIDE EVIDENCE OF THE DATE YOU PURCHASED A LICENSE TO THE SOFTWARE WILL H.E.I. GMBH BE OBLIGATED TO HONOR THIS WARRANTY. H.E.I. GMBH WILL USE REASONABLE EFFORTS TO REPAIR, REPLACE, ADVISE OR, FOR INDIVIDUAL CONSUMERS, REFUND PURSUANT TO THE FOREGOING WARRANTY WITHIN 90 DAYS OF BEING SO NOTIFIED. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY H.E.I. GMBH. H.E.I. GMBH MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. NO H.E.I. GmbH DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software by you during the warranty period or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation. You accept and acknowledge that it is impossible to guarantee that the Software will not contain bugs and that it is not H.E.I. GmbH's obligation to deliver a totally bug free Software. H.E.I. GmbH is not liable for indirect of subsequent damages due to errors of the licensed software. To the extent allowed by the law H.E.I. GmbH does not warrant for the licensed software being free of rights of third parties otherwise, if it is impossible to resolve the problem with reasonable effort, HEI has the right to cancel the contract. SCOPE OF GRANT You may use the Software on a single Web Server and use it for each Domain name and each Host name for which a License has been purchased. Each Domain name and Host name requires its own activation key, which is supplied by H.E.I. GmbH after the License fee(s) have been paid. You can receive new activation keys free of charge from H.E.I. GmbH in the event your Domain name or Host name changes. In this case you agree to destroy all copies of the previously issued activation key and, on request, attest to this in writing. You can receive additional activation keys free of charge if your Web Server operates under various aliases. All alias domains must belong to you a single legal organization. You may copy the Software for archival purposes, provided any copy contains all of the original Software's proprietary notices. You may lease space on your RADpage/heitml Web Server to others, however each customer using heitml or RADpage must purchase another domain license. Leased space on a Web Server is always commercial and this license agreement applies, even if such space is leased to a non-profit organization. You may not modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software. You may not copy the Software other than as specified above. You may not rent, lease, grant a security interest in, or otherwise transfer rights to the Software. You may not remove any proprietary notices on the Software. INTEROPERABILITY In some versions the software is distributed as a binary module together with some C Source Code files. You may link the binary modules together with any software you like, provided that - you carefully test the resulting program and take every precaution to produce a program that runs without causing damage. - you assume all responsibility for software programs produced and/or modified by you, including any and all liabilities resulting from their use. - the Licensing Conditions of any software programs linked to or included within your modified programs permit such linking. Please note that there are free software programs on the internet, whose licensing conditions do not allow this. - that you assume all responsibilities for the correct operation and execution of any software you link to or combine within your program. H.E.I. does not guarantee the interoperability of the Software with any other hardware or software not specifically supported by the Operating System, Web Server software and Database System for which your individual Download Package is intended. You accept and acknowledge that it is impossible to guarantee that the Software will not contain bugs, particularly when it is linked to or combined with other software. Linking the Software to any other software developed by you or anyone else may cause a malfunction of the Software or the software system upon which it is running. You further accept and acknowledge that it is your responsibility to carefully test the operation of programs after they have been linked to or incorporated within your Software program. You must retain all Licensing Conditions and copyright notices of H.E.I. GmbH. All Software interface specifications are to be used "as is". They may contain bugs. H.E.I. GmbH does not guarantee that all interfaces will work as documented in all cases. H.E.I. GmbH also reserves the right to change the interface specifications in further versions of the software. TITLE Title, ownership rights, and intellectual property rights in the Software shall remain in H.E.I. Informationssysteme GmbH and/or its suppliers. The Software is protected by the laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content. TERMINATION The License will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation. LIMITATION OF LIABILITY Under no circumstance and under no legal theory, tort, contract, or otherwise, shall H.E.I. GmbH or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of Goodwill, work stoppage, computer failure or any and all other commercial damages or losses. In no event will H.E.I. GmbH be liable for any damages in excess of the amount H.E.I. GmbH received from you for a license to the software, even if H.E.I. GmbH shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. To the extend H.E.I. GmbH can proof that an error of the program was unavoidable according to the state of the art liability is void. In the case of negligent (leicht fahrlaessig) errors (and if the above terms limiting liability completely should not be applicable or enforcable) H.E.I.GmbH’s liability is limited to the typically occurring damages. RISK ACTIVITIES If the Software is used in an application whereby a malfunction of the Software, or of the Software's failure to function could cause damage, you assume all responsibilities for such damages. For example, in applications with the risk of exposing confidential data of a personal or financial nature, including but not limited to credit card information, purchasing habits or activities, transcripts of grades, personal affiliations or memberships in groups or activities, it is the sole responsibility of the Licensee to provide adequate safeguards that protect the rights and privacy of any person, corporation, or entity named or contained within the Software application or database that is accessed by the Software. In applications that pose a risk of data loss you must perform regular backups so that failure of the software will not lead to permanent data loss. You must use an appropriate Database System to further reduce the risk of data loss, if required by your application. You accept and agree that the Software provided by H.E.I. GmbH was developed to run in co-operation with a large number of Database Systems, not all of which are appropriate for applications posing a risk of data loss. It is the sole responsibility of the Licensee to select an appropriate Database System, and H.E.I. GmbH assumes no responsibility or liability for any damages that may occur if the Database System selected by the Licensee proves to be unsuitable for a particular application. When storing personal data you must obey the laws of the country in which the Software is installed and operating, keeping in mind that Internet Servers are permanently subject to the risk of having their systems invaded, modified, or otherwise damaged by unauthorized users. In any case you may use the Software in risky applications only if you have the particular Internet Technology expertise required by the circumstances surrounding the environment for which that application is being developed. Additionally, you must set up appropriate firewalls, encryption schemes, etc. to protect the Web Server from unauthorized use or tampering. You must use an appropriate Database System, and you must have the competence to decide which security components are needed to develop a successful application. You must also test each functional or component part of the completed application carefully, exercising due diligence as required and expected by any professional engaged in such activity, including but not limited to tests of the requisite Security Features, as well as ensuring that the most recent non-beta version of the Software is being used. If an application fails or causes damage to an individual, corporation, entity or computer system when such failure or damage could have been prevented by using the most recent non-beta version of the Software, the Licensee assumes total responsibility and liability. For that purpose you should check the Web site of H.E.I. GmbH at regular intervals. H.E.I. GmbH and its suppliers specifically disclaim any express or implied warranty if the Software is used in a manner that violates any of the above rules. HIGH RISK ACTIVITIES The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, or any other application in that the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). The Software may not be used or be resold to be used in these kind of applications. H.E.I. GmbH and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. The Software is not intended for use in maintaining sensitive, highly confidential, and very important data. The Software may not be used or be resold to be used in these kind of applications. H.E.I. GmbH and its suppliers specifically disclaim any express or implied warranty of fitness for maintaining sensitive, highly confidential, and very important data. MISCELLANEOUS This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable the reamaining of the contract shall stay in force. The unenforcable provision shall be reformed only to the extent necessary to make it enforceable. By downloading the Software from our Web Site in Germany, you signify your agreement that German law applies to the licensing of this product. RADpage/heitml is copyright (c) 1996-2015 by H.E.I. Informationssysteme GmbH, Mannheim, Germany and its suppliers. All rights reserved. U.S. Pat. No 8,112,502, U.S. Pat. No 8,418,131, U.S. Pat No 8,533,288, and U.S. Pat. No 8,935,358.