IMPORTANT - USE OF Xetrion Lock Manager (AS FOLLOWING CALLED "SOFTWARE" OR "PRODUCT") IS SUBJECT TO LICENSE RESTRICTIONS. READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS PRODUCT.

This license is a legal "Agreement" concerning the use of this product between you, the end user (as following called "Licensee" or "you"), either individually or as an authorized representative of the company purchasing the license, and Xetrion Software GmbH (as following called "Xetrion" or "Licensor"). USE OF THIS PRODUCT INDICATES YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. If you do not agree to these terms and conditions, do not order, download, install or use in any way this product or if media has been received promptly return.

Lock Manager License Agreement

§ 1 Grant of License

(a): This is not free software. The software is licensed, not sold.
(b): Licensor grants Licensee a nonexclusive and nontransferable license to use the product.
(c): Licensor provides different types of license (see § 2). Depending on the type of license Licensee wants to use a license fee has to be paid (see § 3).
(d): This Agreement does not entitle Licensee to support or telephone assistance. Licensor can provide free support or charge a support fee. Licensee can send questions to Xetrion support free of charge. In case a support fee will be charged, Licensor will inform Licensee before providing any support. In that case, the support is being provided pursuant to the terms of a separate Professional Services Agreement between Licensor and Licensee. The parties acknowledge that such services are acquired independently of the software licensed hereunder and that provision of such services is not essential to the functionality of such software.
(e): All rights not expressly granted are reserved by Xetrion.

§ 2 Types of License

Xetrion provides three different types of license:

(a): Evaluation License: Evaluation license is free of charge to give you the possibility to test the product. The product provided for evaluation is equal to the fully licensed product in terms of functionality, except that copyright messages are displayed randomly. The evaluation license is granted for 90 days starting with the day Licensee downloads or receives the product. Unregistered use of the product after the free evaluation period of 90 days is in violation of international copyright laws and this License Agreement.
(b): Database License: One database license grants Licensee the right to use the product in one database (and its replicas) per license fee paid. The database license is bound to the database replica id.
(c): Company Site License: One company site license grants Licensee the right to use the product in a given number of Domino databases (depending on the edition purchased) within one site of Licensees company. A site is any defined entity, such as physical location or subsidiary of Licensees company.

For (b) and (c) the replica id or the name of the site are part of this agreement.

The regulations of this Agreement are valid for all license types. Database and company site license are not limited in time, except the restrictions given in § 7.

§ 3 License Fees

Except for a Evaluation license for all other license types Licensee has to pay a license fee. The rights named in § 1 will not be granted before the license fee has been paid. For details about license fees and methods of payment see www.xetrion.com.

§ 4 Dual Media Software

If you receive the product in more than one medium regardless of the type or size of medium you receive, you may use only one medium. The license is not granted per medium received but as one license per license fee paid.

§ 5 Restrictions

Except as otherwise expressly permitted in this Agreement, Licensee may not

(a): decompile, disassemble, reverse-engineer, or otherwise attempt to derive the source code for the software (except to the extent applicable laws specifically prohibit such restriction).
(b): make any changes on the software except to the customizable possibilities the product provides.
(c): translate the software or any components of it.
(d): redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the software.
(e): remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the product.

Software developers who sell their products to third party may use a database or company site license for the period of product development as any other end user. If Licensee wants to sell the product or any sub-component of it as part of their own product to a third party, a separate license for the third party is required. For information about a sublicense Agreement contact to support@xetrion.com.

§ 6 Proprietary Rights

Title, ownership rights, and intellectual property rights in the software and documentation remain in Xetrion. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit, or interfere in any manner with Xetrion ownership of or rights with respect to the software and documentation. The software and documentation are protected by copyright and other intellectual property laws and by international treaties.

§ 7 Term and Termination

This License Agreement is effective until terminated. You may terminate it at any time by destroying the software and documentation together with all copies and merged portions in any form.

Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. This Agreement will automatically terminate if you:

(a): fail to comply with any term or condition of this Agreement
(b): fail to pay your license fee, if required, when due and such failure to pay continues for a period of 30 days after written notice from Licensor or one of his distribution partners
(c): become insolvent, make an assignment for the benefit of creditors, file or have filed against you a petition in bankruptcy or seeking reorganization, have a receiver appointed, or institute any proceedings for liquidation or winding-up.

Upon such termination Licensee agrees to destroy the software and documentation, together with all copies and merged portions in any form.

§ 8 Disclaimer of Warranty

This software and the accompanying files are sold "as is" and without warranties as to performance or merchantability or any other warranties whether expressed or implied. Data processing requires that any program be thoroughly tested with non-critical data and system environment relying on it. Licensor provides the possibility to test the product free of charge (see § 2) The user must assume the entire risk of using the program. Any liability of Xetrion will be limited exclusively to product replacement or refund of license fee. License fee refund can only be demanded, if Licensor is not able to replace the product within a period of 30 days starting with the day Licensor received notification from Licensee that must included detailed reason.

The products functionality depends on the platform used on. For limitation in functionality that is related to the platform used on see technical product documentation.

This disclaimer of warranty constitutes an essential part of this Agreement. No use of the software is authorized hereunder except under this disclaimer.

§ 9 Limitation Of Liability

To the maximum extent permitted by applicable law, in no event will Licensor or its resellers or suppliers be liable for any indirect, special, incidental, or consequential damages arising out of the use or the inability to use the software, including, without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof and regardless of the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. In any case, Licensors entire liability under any provision of this Agreement shall not exceed in the sum of the fees Licensee paid for this license (if any), with the exception of death or personal injury caused by the negligence of Licensor to the extent applicable law prohibits the limitation of damages in such cases. Some jurisdictions do not allow the exclusion or limitation if incidental or consequential damages, so this exclusion and limitation may not be applicable. Xetrion is not responsible for any liability arising out of the content provided by Licensee or a third party that is accessed through the software and/or any material linked through such content.

§ 10 High Risk Activities

The product 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, in which the failure of the product could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Licensee agrees that Licensor and its suppliers will not be liable for any claims or damages arising from the use of the product in such applications.

§ 11 U.S. Government Users

The product has been developed entirely at private expense and outside the U.S.A. The software and documentation are each a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the software with only those rights set forth herein.

§ 12 Governing Law

This Agreement shall be governed by the laws of Germany. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License Agreement.

§ 13 Miscellaneous

(a): This Agreement constitutes the entire Agreement between the parties concerning the subject matter hereof.
(b): The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning.
(c): This Agreement may be amended only by a writing signed by both parties.
(d): In case Licensee and Licensor have signed an additional contract that contains terms that that are in conflict with any term of this end user agreement, such terms of the contract prevail.
(e): Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Dresden, Germany.
(f): The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only.
(g): For questions about this License Agreement contact Xetrion by sending an e-mail to support@xetrion.com. With any use of the product within the period where the answer to your question is pending, you fully agree with this Agreement.
(h): Licensee will allow Licensor and/or its suppliers or resellers to store and process Licensees data for the propose of customer-relationship management, accounting and contract management within the company. Licensor will obligate not to give any data about Licensee to third party without permission of Licensee.
(i): All product or service name mentioned may be trademarks of their respective companies.

§ 14 Serverability

If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect.

Xetrion Software GmbH
Dresden, Germany

May 20^th, 2003