LICENSE AGREEMENT

ATTENTION! PLEASE READ THIS AGREEMENT CAREFULLY AND COMPLETELY BEFORE USING THIS SOFTWARE! CasaMentis UG (limited) will grant a license to customers to use this software if they accept all the terms of this EULA.

This End-User License Agreement (EULA) is a legal agreement between

CasaMentis UG (limited) ---- hereinafter the Licensor
and
the Licensee for the grant of a license for software product(s)

§ 1 Ownership
The Licensor owns and retains all rights, ownership, and all claims to the software covered by this agreement, including all copyrights, trade secrets, trademarks and other intellectual property rights.

§ 2 Restricted right of use
The Licensee receives a non-exclusive license for the indefinite use of this software. The software may only be used by a maximum of 3 people on up to 3 computers barring any further limitations contained herein.

§ 3 Terms of use
(1) The rental, lending, sublicensing, or alteration of the software is prohibited.
(2) Reinstalling the software is possible.
(3) The license key can lose its validity if you reinstall the software too often. In this case, a new license key is available free of charge on request.
(4) The Licensor makes an evaluation license available to the Licensee at no cost and without warranty of any kind. This evaluation license may be used to test the functionality of the software.

§ 4 Installation
(1) An internet connection is required during installation. This will be used to determine the properties of the Licensee's computer and operating system and transmit the data for storage purposes to a server operated by the Licensor.
(2) A transfer of information to third parties is excluded.
(3) A change in the Licensee's system, such as reinstalling the operating system, a new hard drive or processor may require the software to be reinstalled.

§ 5 Use on certain systems prohibited
(1) The Licensee is not permitted to use or allow other persons to use the software in applications where a permanent error-free operation of the systems is of paramount importance and where a failure or malfunction of the software may pose a direct risk to life, limb, or health or may cause significant property or environmental damages. (Applications which would be considered high risk under this provision would include the operation of nuclear power plants, weapon systems, air navigation systems, machinery and production processes, medical systems or devices.)
(2) The Licensor assumes no liability for damages and makes no guarantee if §5(1) is violated.

§ 6 Due diligence required of the Licensee
(1) The Licensee assumes sole responsibility for establishing a functioning hardware and software environment for the software.
(2) The Licensee is responsible for a regular backup of data, at least once per day.

§ 7 Termination
A breach of this agreement or a misuse of the software shall result in the immediate termination of the license granted herein. Such termination immediately ends the rights of the Licensee to use the software. The Licensee must delete all backup copies from his or her computer.

§ 8 Warranty
(1) The software provided by the Licensor is in accordance with the current state of technical progress.
(2) The Licensor explicitly states here that, in the current state of technical progress, programming mistakes are not excluded and that it is not possible to test the software within all system configurations. For this reason, there exists a risk that the software may malfunction due to programming errors, which in the worst case might lead to the loss of data.
(3) If the Licensee is a business, the Licensee must check the software immediately upon receipt for obvious defects and inform the Licensor of the same without delay; otherwise, no warranty for these defects is made. The same applies if a defect is discovered later. §377 of the German Commercial Code (HGB) applies.
(4) If the Licensee is a private consumer, the legal warranty regulations apply without limit.
(5) With the exception of compensatory damages, warranty claims for defects in a product must be made within two years for consumers and within one year if the Licensor is a business.

§ 9 Limitation of Liability
(1) The Licensee has no right to make claims for damages. Excluded from this provision are claims for damages made by the Licensee resulting from injury to life, limb, and health or from the violation of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Licensor, its agents or representatives. Obligations which must be fulfilled to achieve the purpose of the contract constitute 'essential contractual obligations.'
(2) If these essential contractual obligations have been breached, the Licensor assumes liability solely for typical, foreseeable damages; for breaches caused by simple negligence, the Licensee's claim for damages are limited to arising from injury to life, limb, or health.
(3) The restrictions of paragraphs 1 and 2 above shall also apply to the legal representatives and agents of the Licensor if claims are asserted directly against them.
(4) The Licensor's liability for loss of data is limited to the typical expenses required for the recovery of such data when backups are available. The duty under §6(2) applies.

§ 10 General, Severability, and Jurisdiction
(1) Amendments and additions to this agreement must be in writing. This also applies to the amendment or repeal of this clause. Electronic documents in text form do not fulfill the requirement for written form.
(2) Any general terms of the Licensee shall not apply.
(3) This agreement is subject solely to German law to the exclusion of the CISG.
(4) The place of performance is the Licensor's headquarters.
(5) The exclusive place of jurisdiction is the Licensor's headquarters if both parties are businesses or legal entities under public law or the other party has no place of jurisdiction in Germany.
(6) If any provision of this agreement is invalid, this shall not affect the validity of the remaining provisions. The parties will endeavor to replace the invalid provision with a valid provision which most closely reflects the business intention of the invalid provision.