LICENSE This license ("License") contains rights, obligations and restrictions associated with the commercial use of the Iava source code Version 0.6, and the binaries resulting from the compilation thereof (Java class files or JAR files containing class files), in the following called "Software". This License is granted by Dr. Mathias Richter Chrummatt 11 CH-4612 Wangen bei Olten Switzerland hereinafter called "Licensor", and Company: ................................... Address: ................................... ................................... ................................... hereinafter called "Licensee". 1. License Grant The Licensor grants to the Licensee a nonexclusive, nontransferable, worldwide, royalty-free license to use, correct, enhance and modify the Software as part of the Licensee’s products. The Licensor grants to the Licensee all rights on the enhancements, corrections and modifications to the software performed by the Licensee. The Licensee agrees that they shall use the Software solely as integrated part of the Licensee's products, but not as a product in its own right. Redistribution of the Software as integrated part of the Licensee's products is limited to binaries (Java class files or JAR files containing class files) resulting from the compilation of the source code of the Software, its enhancements, corrections and modifications. 2. Licensee Obligations The Licensee agrees to comply strictly with the following obligations for the duration of this License. The Licensee acknowledges that failure to comply with the stated obligations will result in termination of this License as stated in Section 6 (Termination): i) All material containing information about or carrying the name of the Licensee's product which integrates the Software based on the conditions described in section 1 (License Grant) must contain the notice "The Iava Interpreter by M. W. Richter ©" in a clearly visible manner. The term "material" applies to all printed material (product packages, white-papers, articles, advertisements, manuals, presentation slides, etc.), as well as information published electronically, and copyright information, splash screens, etc. which is displayed by the software constituting the Licensee's product which integrates the Software. ii) The Licensee supplies the Licensor with unsolicited reference copies of all material which carries the notice as described under paragraph i) of this section. iii) The Licensee supplies the Licensor with unsolicited reference copies of the software products which integrate the Software based on the conditions described in section 1 (License Grant). The Licensor acknowledges that this does not imply any license grant by the Licensee for the Licensee’s products to the Licensor. iv) The Licensee provides the Licensor with unsolicited information about enhancements, corrections and modifications to the software performed by the Licensee under the terms of this License. In doing so, the Licensee is not obliged to disclose detailed technical information (design, implementation, source code) which constitutes a trade secret of the Licensee. 3. Restrictions The Software is copyrighted by the Licensor. The Software may not be transferred, leased, assigned, or sublicensed, in whole or in part in other ways than described in section 1 (License Grant) by the Licensee. No right, title or interest in and to any trademarks, trade names or copyrights owned by the Licensor or by third parties related to the Software is granted hereunder. The Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. 4. Confidentiality The Software is confidential and proprietary information of the Licensor. The Licensee agrees to take adequate steps to protect the Software from unauthorized disclosure or use. 5. Disclaimer of Warranty The Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. 6. Limitation of Liability IN NO EVENT WILL THE LICENSOR BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. Termination The Licensee may terminate this License at any time by i) ceasing the use of the Software, its enhancements, corrections and modifications; and ii) ceasing the redistribution of the Software, its enhancements, corrections and modifications as described in section 1 (License Grant). The License will terminate immediately without notice from the Licensor, if the Licensee fails to comply with any provision of this License. Upon termination, the Licensee agrees to fulfil the two conditions as stated in this section without further notice. 8. Export Regulations The Software may be subject to export or import regulations in other countries. The Licensee agrees to comply strictly with all such regulations and acknowledges that they have the responsibility to fulfil any legal obligations which may arise from the export, re-export, or import of the Software. 9. Governing Law and Legal Domicile This License is made under, shall be governed by and construed in accordance with the laws of Switzerland. All disputes arising hereunder shall be settled before a competent court of law domiciled in CH-4600 Olten, Switzerland. 10. Severability If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in the Licensor's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or liabilities of the Licensor, the Licensor reserves the right to terminate the License without further remedy. 11. Integration This License is the entire agreement between the Licensee and the Licensor relating to the Software and i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties during the term of this License. No modification to the License will be binding, unless in writing and signed by a duly authorized representative of each party. 12. Signatures The acceptance of the terms of this License by the Licensor and the Licensee must be confirmed through the signatures by a authorized representative of the Licensor and the Licensee. This license cannot come into effect without these signatures. On behalf of the Licensor: ................................ .......................................... Location and Date Dr. Mathias Richter On behalf of the Licensee: ................................ .......................................... Location and Date Authorized Representative of the Licensee