LabImage End User License Agreement (EULA)

END-USER LICENSE AGREEMENT (EULA) FOR LABIMAGE PLATFORM
(dated 27.04.2011)

This LabImage End-User License Agreement ("EULA") is a legal AGREEMENT between you (either as a registered individual user or as the registered representative and on behalf of a single entity) and Kapelan Bio-Imaging GmbH (KAPELAN) for the LabImage Platform product identified above, which product includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE PRODUCT, the original purchaser may, however, return it to the place of purchase within thirty days of the date of original purchase for a full refund. You will lose the right to return the software if you take no action within 30 days of delivery of the software.

SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1) GRANT OF LICENSE.
This EULA grants you, the registered computer software user, the following rights:
License
Kapelan grants you a non-exclusive and non-transferable license to use the accompanying Software product to the terms and restrictions on recommended hardware set forth in this License Agreement. You are not permitted to lease or rent (except under separate mutually agreeable terms set forth in writing), distribute or sublicense the Software or to use the Software in a time-sharing arrangement or in any other unauthorized manner. Further, no license is granted to you in the human readable code of the Software (source code). Except as provided below, this License Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software.

Applications Software
The SOFTWARE PRODUCT may be used only by you. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version thereof for the same operating system, on a single computer but only for use in the number of written language(s) for which you have acquired rights therefore and selected at time of first installation. In return for our license grant, you hereby irrevocably grant to Kapelan, the non-exclusive, worldwide, fully-paid right to publicly disclose the fact that you are using the SOFTWARE PRODUCT, including but not limited to the reproduction and distribution of the software 'screen shots' and/or 'box shots' from your applications, for Kapelan advertising and other promotional purposes.

Redistributable Files
Notwithstanding the terms of this EULA to the contrary, certain of the executable files of the SOFTWARE PRODUCT may be redistributed by you to the extent required for the permitted operation of the application's software installation code created by you while using the SOFTWARE PRODUCT hereunder. The specific redistributable file(s) are limited to those specifically identified as "Redistributables" in the media, printed materials, and "online" or electronic documentation accompanying the particular embodiment of the SOFTWARE PRODUCT. To determine whether a particular file(s) are redistributable, please contact Kapelan. You are allowed to make two copies of the Software for back-up purposes, program error verification, or to replace defective media.

Storage/Network use
You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a distinct license for each user using the SOFTWARE PRODUCT from the storage device. Any given license for the SOFTWARE PRODUCT may not be shared or used concurrently or otherwise on different computers or by different users in a given organization. In case of network licenses or multi user installation a valid license is required.

Distribution and Evaluation
This software may be distributed freely on online services, bulletin boards, or other electronic media as long as the files are distributed in their entirety. This software may not be distributed on CD-ROM, disk, or other physical media for a fee without the permission of Kapelan. You may install this program to test and evaluate if it suits your needs and you wish to purchase it; during the evaluation period. There is a set limit for the evaluation time to use sample images only.

Use Restrictions
You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of this Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation of components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

High Risk Activities
The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Kapelan expressly disclaims any express or implied warranty of fitness for High Risk Activities.

No warranty
Kapelan expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or no infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

3) UPDATES/UPGRADES
If the SOFTWARE PRODUCT is labeled or otherwise identified by Kapelan as an "upgrade", you must be properly licensed to use a product identified by Kapelan as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled or otherwise identified by Kapelan as an upgrade; replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4) THIRD PARTY SOFTWARE
The Software product may include software under license from third parties ("Third Party Software" and "Third Party License"). Any Third Party Software is licensed to you subject to the terms and conditions of the corresponding Third Party License. Generally, the Third Party License is located in a file such as license.txt or a readme file. Kapelan is not liable for any losses or damages which may occur from the use of any third party software.

5) COPYRIGHT AND TRADEMARKS
All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animation, video, audio, music, text, and applets incorporated into the SOFTWARE PRODUCT), the accompanying, printed materials and any copies of the SOFTWARE PRODUCT are owned by Kapelan. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You must treat the SOFTWARE PRODUCT like any other copyrighted for archival purposes, and you may not copy the printed materials accompanying the SOFTWARE PRODUCT. Any used copyrights are owned by their respective holders.

Use of data
You agree that Kapelan may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to the Software. Kapelan may also use this information to provide notices to you which may be of use or interest to you. You can elect to not receive any further notices from Kapelan, either by 1) unsubscribing directly to any e-mail you receive or 2) by visiting our web site at www.labimage.com.

6) VALIDITY
In the case of any problems with this license agreement please contact Kapelan for further information. For further information please contact:
Kapelan Bio-Imaging GmbH
Prager Str. 60
04317 Leipzig
Germany
Email: info@kapelan-bioimaging.com
Web: www.kapelan-bioimaging.com


7) Invalid Clauses
The inoperativeness of one or several provisions of said EULA does not affect the validity of the remaining provisions. In such case a provision is applicable which meets best the legal and economic aim of the inoperative provision. This does not apply in case complying with the terms of the Contract would constitute unreasonable hardship for one or both of the Parties.