Shopware 5 is licensed dually. The End-User-License-Agreement („EULA“) for the Professional-, Enterprise Business- and Enterprise-Cluster-editions can be found under I., the GNU Affero General Public License (“AGPLv3”) for the Community-edition can be found under II.


I.	End-User-License-Agreement („EULA“)

1.	Scope

This End-User-License-Agreement („EULA“) applies to all contracts entered into by an entrepreneur (“customer”) and the shopware AG and by which the customer purchases shopware 5 as Professional-, Enterprise Business-, or Enterprise Cluster-Edition. These contracts will hereafter be referred to as Professional-, Enterprise Business- or Enterprise Cluster-contract.

2.	Subject matter of the contract

2.1.	Subject matter of the Professional-, Enterprise Business- or Enterprise Cluster-contract is shopware 5 („Base Product“). Shopware 5 is a shop software. It is a standard-shop-system that is designed for operating an online shop. Shopware enables the customer to realize his online shop.
2.2.	The base product is offered as open source software in the Community-edition and proprietary in the editions Professional, Enterprise Business and Enterprise Cluster. Subject matter of this EULA is the proprietary editions. The license for the Community-edition can be found under II.
2.3.	Professional-contract
Subject matters of the Professional-contract are the base product and additional support services for this product in the support-category Silver for a period of six months. The provisions for the support services can be found under http://www.shopware.de/shopware-supportuebersicht/?sCategory=385.
2.4.	Enterprise Business-contract
Subject matter of the Enterprise Business-contract are the base product and all Shopware-Premium-Plug-ins („Shopware-Premium-Plug-ins“). Additionally, the shopware AG provides support for these products in the support-category Silver for a period of six month. The provisions for the support services can be found under http://www.shopware.de/shopware-supportuebersicht/?sCategory=385.
2.5.	Enterprise Cluster-contract
Subject matter of the Enterprise Cluster-contract are the base product and all Shopware-Premium-Plug-ins („Shopware-Premium-Plug-ins“). Additionally, on the basis of the simultaneously concluded support contract the shopware AG provides support services for these products in the support-category Diamond. The provisions for the support services can be found under http://www.shopware.de/shopware-supportuebersicht/?sCategory=385.
2.6.		Shopware Premium Plug-ins are additions to the base product. A list of these Plug-ins can be found under http://www.shopware.de/die-shopsoftware/versionsvergleich/.

3.	Remuneration

The prices listed in the shopware AG’s price list at the date the contract is concluded are valid. The prices are net prices. The price list can be found under http://www.shopware.de/die-shopsoftware/ueberblick/preisliste/.

4.	Rights of use for operating an online shop

4.1.	The base product and the Shopware Premium-Plug-ins are protected by copyright.
4.2.	The shopware AG transfers and assigns a single, non-exclusive right of use for an unlimited period to the customer. The customer may use the base product and – if they form part of the contract – the Shopware Premium-Plug-ins to operate as many online shops as agreed upon in the particular contract for an unlimited period of time.
4.3.	Number of online shops
4.3.1.	Professional- contract
The shopware AG transfers and assigns a single, non-exclusive right of use to the customer to operate one online shop by using the base product for an unlimited period of time. For the attainment of this contractual purpose, the customer may install the base product on one web- or database-server. He may also run and copy it to attain the contractual purpose. If no other agreements have been made, the customer may use the base product on only one web- or database-server. Using the base product for operating another online shop has to be licensed anew by the shopware AG („Enlargement by Shopware Premium-Plug-in; Subshop“).
4.3.2.	Enterprise Business- contract
The shopware AG transfers and assigns a single, non-exclusive right of use to the customer to operate one online shop respectively as test and productive operation by using the base product and the Shopware Premium-Plug-ins for an unlimited period of time. For the attainment of this contractual purpose, the customer may install the base product and the Shopware Premium-Plug-ins respectively for test and productive operation on one web- or database-server. He may also run and copy it to attain the contractual purpose. If no other agreements have been made, the customer may use the base product and the Shopware Premium Plug-ins respectively on only one web- or database-server for the test and the productive operation. Using the base product and/or the Shopware Premium-Plug-ins for operating another online shop as test and/or productive operation has to be licensed anew by the shopware AG („Enlargement by Shopware Premium-Plug-in; Subshop“).
4.3.3.	Enterprise Cluster-contract
4.3.3.1.	The shopware AG transfers and assigns a single, non-exclusive right of use to the customer to operate online shops as test and productive operation by using the base product and the Shopware Premium-Plug-ins for an unlimited period of time. For the attainment of this contractual purpose, the customer may install the base product and the Shopware Premium-Plug-ins for test and productive operation on web- or database-servers. He may also run and copy it to attain the contractual purpose. The right is transferred and assigned to use the base product and the Shopware Premium-Plug-ins on the number of web- or database servers or for operating the number of online shops agreed upon in the contract. The customer may respectively operate a corresponding number of online shops as a test and a productive operation. If no provisions as to the number of web- or database-servers or the number of online shops are made in the contract, the customer may use the base product and the Shopware Premium-Plug-ins on up to two web- or database-servers.
4.3.3.2.	The number of web- or database-servers the customer may use the base product and the Shopware Premium-Plug-ins on can be increased after the contract has been concluded („Expanded Use“). The expanded use is agreed upon on the customer’s request. On request, the shopware AG offers an agreement to the customer that especially specifies the remuneration in accordance with the price list (see clause 3). With this offer and under the condition that the remuneration is paid, the shopware AG transfers and assigns the rights described in clause 4.3.3.1. to the customer. The customer accepts the offer by payment.
4.3.3.3.	If the base product and the Shopware Premium-Plug-ins are used on a higher number of web- or database-servers as agreed upon and described in clauses 4.3.3.1. and 4.3.3.2., the customer has to reimburse the shopware AG as if a contract had been concluded for the number of web- or database-servers that the products are in fact used on. The level of remuneration is determined by the price list and the number of web- and database-servers by which the effective use exceeds the licensed used according to clauses 4.3.3.1. and 4.3.3.2. The price list is accessible under http://www.shopware.de/die-shopsoftware/ueberblick/preisliste/. The shopware AG charges the customer by generating an invoice.
This does affect the enforcement of further claims.
4.4.	The customer can use the base product once he has downloaded it from the shopware AG’s website and unlocked it using the license key assigned to him. The license key is assigned once the shopware AG received the remuneration. The number of license keys corresponds to the number of web- and database-servers the customer may use the base product on. The way by which the customer receives the license key, e.g. email, shopware store or sales partner, depends on the way by which the customer bought the product. If the customer does not receive a copy of the base product, he will be informed about how and where to download the base product when receiving the license key.
4.5.	The base product can be downloaded from http://wiki.shopware.de/Downloads_cat_448.html.
4.6.	If, according to clause 2, Shopware Premium-Plug-ins are also part of the contract, the customer receives license keys for all these plug-ins with the license key for the base product. The customer also receives instructions, where and how to download and install the plug-ins. The Shopware Premium-Plug-ins have to be downloaded and unlocked with license keys on top of the base product, before they can be used.

5.	Right to modify

The shopware AG transfers and assigns the right to modify the base product and the Shopware Premium-Plug-ins to the customer, so he can adapt them to the needs of his online shop. He may especially modify the base product and the plug-ins by adapting the front-end using the template language Smarty. The customer may not transfer the modified base product or the modified Shopware Premium-Plug-ins to a third party.

6.	Obligations not to use

6.1.	Any use of the base product or the Shopware Premium-Plug-ins not explicitly allowed by clauses 4 and 5 is prohibited. Especially, it is prohibited to distribute the base product or the Shopware Premium-Plug-ins, to copy them, to rent them out or to make them publicly available.
6.2.	Clause 6.1. does not restrict the customer’s right to move the base product or – if they are part of the contract – the Shopware Premium Plug-ins to another web- or database-server or to use it under a different domain after the contract has been concluded (“Relocation”). In this case, the shopware AG assigns new license keys to the customer on request and without further costs. The new license keys enable the customer to unlock the base product and the Shopware Premium-Plug-ins on a new web- or database server. When relocating the base product and the Shopware Premium-Plug-ins, the customer has to delete them on the server they where used on before and has to prove the deletion to the shopware AG for example by signing a certificate of deletion.
6.3.	Any other use of the base product and the Shopware Premium-Plug-ins, such as decompiling, disassembling and reverse engineering are prohibited. This does not apply to changes made in accordance with clause 5.
6.4.	This clause does not apply, if the relevant act of use is allowed by law, by fair use and/or other provisions of that country’s law, where the web- or database-server is located that the base product and/or the Shopware Premium-Plug-ins are used on.

7.	Transmission

7.1.	The base product and – if they form part of the contract – the Shopware Premium-Plug-ins, as well as the rights transferred and assigned by clauses 4 and 5 can be permanently transferred to a third party, if this third party agrees to the terms of this EULA. The third party is allowed to use the software to the same extend as the customer was by virtue of the Professional-, Enterprise Business- or Enterprise Cluster-contract.
7.2.	When transmitting the product and/or the Shopware Premium-Plug-ins the customer is obliged to delete his copies of these products on the web- or database-servers these products where used on before and has to prove the deletion to the shopware AG for example by signing a certificate of deletion.
7.3.	The shopware AG assigns a new license key to the third party on request and without further costs, so the third party can unlock the base product and/or the Shopware Premium-Plug-ins on a new web- or database server.

8.	WARRANTY

8.1.	THE SHOPWARE AG WARRANTS THE FUNCTIONING OF THE BASE PRODUCT AND THE SHOPWARE PREMIUM-PLUG-INS FOR THE ATTAINMENT OF THE CONTRACTUAL PURPOSE IN ACCORDANCE WITH THE LEGAL PROVISIONS. HOWEVER, THE SHOPWARE AG DOES NOT WARRANT THE SUCCESSFUL IMPLEMENTATION OF THE ONLINE SHOP BY THE CUSTOMER OR THE SUCCESS OF THE ONLINE SHOP OPERATED WITH THE PRODUCT AND THE SHOPWARE PREMIUM-PLUG-INS. THE SHOPWARE AG DOES NOT WARRANT THE UNDISTURBED FUNCTIONING OF THE INTERNET-ACCESS, THE WEB- OR DATABASE-SERVER OR OF THE HARD- AND SOFTWARE USED BY THE CUSTOMER THAT IS NOT SUBJECT MATTER OF THE PROFESSIONAL-, ENTERPRISE BUSINESS- OR ENTERPRISE CLUSTER-CONTRACT. THE SHOPWARE AG DOES NOT WARRANT THE UNDISTURBED PERFORMANCE BY THE CUSTOMER’S INTERNET PROVIDER.
8.2.	TO THE KNOWLEDGE OF THE SHOPWARE AG THE SOFTWARE DOES NOT INTERFERE WITH, INFRINGE UPON, MISAPPROPRIATE OR VIOLATE ANY MATERIAL INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES IN ANY MATERIAL RESPECT. IN THE EVENT OF ANY THIRD PARTY CLAIMING RIGHTS WITH REGARD TO THE SOFTWARE OR CLAIMING THE INADMISSIBILITY OF USING THE SOFTWARE FOR THE ATTAINMENT OF THE CONTRACTUAL PURPOSE THE PARTY TO THE CONTRACT BEING FACED WITH THE CLAIMS SHALL INFORM THE OTHER PARTY TO THE CONTRACT ABOUT THE CLAIMS. NOTWITHSTANDING THE STATUTORY WARRANTIES THE CUSTOMER WILL IMMEDIATELY END THE USE OF THE SOFTWARE WHEN REQUESTED TO DO SO BY THE SHOPWARE AG.

9.	LIABILITY

9.1.	THE SHOPWARE AG IS LIABLE UNDER THE STATUTORY PROVISIONS FOR ALL DAMAGES RESULTING FROM WILLFUL OR GROSSLY NEGLIGENT VIOLATION OF OBLIGATIONS OR ANY CULPABLE VIOLATION OF SUBSTANTIAL CONTRACTUAL OBLIGATIONS (“SUBSTANTIAL CONTRACTUAL OBLIGATIONS”), THE OBSERVANCE OF WHICH IS A PREREQUISITE FOR ENABLING THE PROPER FULFILLMENT OF THE CONTRACT AND THAT THE CUSTOMER REGULARLY TRUSTS AND IS ENTITLED TO EXPECT AND WHOSE VIOLATION CURTAILS SUCH CUSTOMER RIGHTS WHOSE PROVISION IS THE VERY OBJECT OF THIS CONTRACT IN ITS CONTENT AND PURPOSE. THE SHOPWARE AG IS ALSO LIABLE UNDER THE STATUTORY PROVISIONS FOR DAMAGES CAUSED BY THE ABSENCE OF A WARRANTED QUALITY OR THAT RESULTS FROM ANY MORTAL INJURY, PHYSICAL HARM OR HEALTH DAMAGE THAT HAS BEEN CAUSED BY ANY NEGLIGENT OR WILLFUL VIOLATION OF OBLIGATIONS BY THE SHOPWARE AG OR ITS LEGAL REPRESENTATIVES, OR FOR WHICH PROVISION IS MADE UNDER PRODUCT LIABILITY LAW.
9.2.	IN CASES OF SLIGHTLY NEGLIGENT VIOLATION OF SUBSTANTIAL CONTRACTUAL OBLIGATION, THE LIABILITY OF THE SHOPWARE AG IS LIMITED TO SUCH DAMAGES TYPICAL FOR THE TYPE OF CONTRACT AND THAT MIGHT BE ANTICIPATED IN THE CONNECTION WITH SERVICES PROVIDED UNDER THE CONTRACT, UNLESS THE DAMAGES INVOLVE MORTAL INJURY, PHYSICAL HARM OR HEALTH DAMAGE.
9.3 	NOTWITHSTANDING CLAUSE 9.1. THE SHOPWARE AG IS NOT LIABLE FOR ANY DAMAGE IRRESPECTIVE OF THE LEGAL NATURE OF THE CLAIM. THE SHOPWARE AG CAN ESPECIALLY NOT BE HELD LIABLE FOR DAMAGES CAUSED BY THE LOSS OF DATA, INSOFAR AS THE DAMAGES WOULD HAVE BEEN PREVENTED HAD THE COSTUMER REGULARLY AND FULLY SAVED ALL RELEVANT DATA. SHOPWARE AG IS FURTHER NOT LIABLE FOR ANY DAMAGES CAUSED BY CHANGES TO THE SOFTWARE THE CUSTOMER MADE IN BREACH OF THIS CONTRACT.

10.	Data processing

The shopware AG particularly pays attention to meeting its obligations under data protection laws. It does not use the customer’s personal data for other purposes than to fulfill its contractual obligations. Personal data is not transferred to third parties. Further information can be found in the data protection declaration.

11.	Miscellaneous

11.1.	In the case that any provision is invalid or that anything has been omitted from the EULA, all other provisions shall still remain valid.
11.2.	The Professional-, Enterprise Business or Enterprise Cluster-contract shall be governed by and construed in accordance with German Law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG)
11.3. 	The local jurisdiction is the regional court of Düsseldorf.
11.4.	In case of doubt, the German version of this EULA shall prevail.


II.	GNU Affero General Public License („AGPLv3“)


1.
Additional permission under AGPLv3, Sec. 7:
If you modify this Program, or any covered work, by combining it with Plug-ins entirely written by you, the licensors of this Program grant you additional permission to convey those Plug-ins under terms of your choice, provided that those terms do not place additional restrictions on the Program.


2.
GNU AFFERO GENERAL PUBLIC LICENSE

Version 3, 19 November 2007

Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Preamble

The GNU Affero General Public License is a free, copyleft license for software and other kinds of works, specifically designed to ensure cooperation with the community in the case of network server software.

The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, our General Public Licenses are intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.

Developers that use our General Public Licenses protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License which gives you legal permission to copy, distribute and/or modify the software.

A secondary benefit of defending all users' freedom is that improvements made in alternate versions of the program, if they receive widespread use, become available for other developers to incorporate. Many developers of free software are heartened and encouraged by the resulting cooperation. However, in the case of software used on network servers, this result may fail to come about. The GNU General Public License permits making a modified version and letting the public access it on a server without ever releasing its source code to the public.

The GNU Affero General Public License is designed specifically to ensure that, in such cases, the modified source code becomes available to the community. It requires the operator of a network server to provide the source code of the modified version running there to the users of that server. Therefore, public use of a modified version, on a publicly accessible server, gives the public access to the source code of the modified version.

An older license, called the Affero General Public License and published by Affero, was designed to accomplish similar goals. This is a different license, not a version of the Affero GPL, but Affero has released a new version of the Affero GPL which permits relicensing under this license.

The precise terms and conditions for copying, distribution and modification follow.

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You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).

However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.

Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.

Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.

9. Acceptance Not Required for Having Copies.

You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.

10. Automatic Licensing of Downstream Recipients.

Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.

An "entity transaction" is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.

You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.

11. Patents.

A "contributor" is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's "contributor version".

A contributor's "essential patent claims" are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, "control" includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.

Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.

In the following three paragraphs, a "patent license" is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To "grant" such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.

If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. "Knowingly relying" means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.

If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.

A patent license is "discriminatory" if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.

Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.

12. No Surrender of Others' Freedom.

If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.

13. Remote Network Interaction; Use with the GNU General Public License.

Notwithstanding any other provision of this License, if you modify the Program, your modified version must prominently offer all users interacting with it remotely through a computer network (if your version supports such interaction) an opportunity to receive the Corresponding Source of your version by providing access to the Corresponding Source from a network server at no charge, through some standard or customary means of facilitating copying of software. This Corresponding Source shall include the Corresponding Source for any work covered by version 3 of the GNU General Public License that is incorporated pursuant to the following paragraph.

Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the work with which it is combined will remain governed by version 3 of the GNU General Public License.

14. Revised Versions of this License.

The Free Software Foundation may publish revised and/or new versions of the GNU Affero General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU Affero General Public License "or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU Affero General Public License, you may choose any version ever published by the Free Software Foundation.

If the Program specifies that a proxy can decide which future versions of the GNU Affero General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.

Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.

15. Disclaimer of Warranty.

THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

16. Limitation of Liability.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Interpretation of Sections 15 and 16.

If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.

END OF TERMS AND CONDITIONS
