LICENSE AGREEMENT

The Infonyte Power Tools (Productivity Toolkit) is supplementary software to Infonyte DB that can be used by licensees of Infonyte DB 3.1.1 without additional costs. By using the Productivity Toolkit, licensee (you) agrees to the following terms and conditions:

LICENSE TO USE. Infonyte grants licensee a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Infonyte (collectively "Software").
RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Infonyte. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. No right, title or interest in or to any trademark, service mark, logo or trade name of Infonyte or its licensors is granted under this Agreement.
LIMITED WARRANTY. Software is provided "AS IS". Your exclusive remedy and Infonyte's entire liability under this limited warranty will be at Infonyte's option to replace Software.
DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL INFONYTE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF INFONYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Infonyte's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Infonyte if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
Export Regulations. All Software and technical data delivered under this Agreement are subject to German export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
Governing Law. Any action related to this Agreement will be governed by German law. No choice of law rules of any jurisdiction will apply.
Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
Integration. This Agreement is the entire agreement between you and Infonyte relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.