FlexStand Software

End-user license Agreement for the FlexStand Software

This License Agreement is a legal agreement between you (either 
an individual or a legal entity) and CIM INDUSTRIAL SYSTEMS A/S Denmark
and its suppliers regarding the FlexStand softwareproduct 
identified above. The product includes computer software 
and may include associated media, printed materials, and 
"online" or electronic documentation (hereinafter referred to 
as "FlexStand Software"). By installing, copying, or otherwise 
using the FlexStand Software, you accept the terms of this License 
Agreement. If you do not agree to the terms of this License 
Agreement, you may not install, copy or in any other way use 
the FlexStand Software.

The FlexStand Software is protected by copyright laws and 
international copyright treaties, as well as other intellectual 
property laws and treaties. The FlexStand Software is licensed, 
not sold, and CIM INDUSTRIAL SYSTEMS A/S and its suppliers retain title and 
all ownership rights to the FlexStand Software. All rights not 
expressly granted are reserved to CIM INDUSTRIAL SYSTEMS A/S and its 
suppliers.

This License Agreement does not give you any rights to install 
or use other FlexStand Software. It requires a separate license 
to obtain such rights.

1. Terms of license

You as user (hereinafter referred to as "the User") are granted 
a personal, non-exclusive and limited license to use the 
FlexStand Software on the condition that the FlexStand Software 
shall only be used in connection with products delivered by 
CIM INDUSTRIAL SYSTEMS A/S and its suppliers.

2. Copyright

All rights, title, and copyrights in and to the FlexStand Software, 
including, but not limited to, any trademarks, images, photographs, 
animations, text, HTML pages and applets incorporated into the 
FlexStand Software, and any copies of the FlexStand Software 
are owned by CIM INDUSTRIAL SYSTEMS A/S or its suppliers. 
The FlexStand Software shall be treated like any other copyrighted 
material in accordance with the Danish Copyright Act. Thus, the User 
is entitled to:

a) produce such copies of the FlexStand Software and to make such 
   alterations of the program which are necessary for the User 
   to use the FlexStand Software in accordance with its intended 
   purpose, including for error and corrections;

b) make a back-up copy insofar as it is necessary for the use 
   of the FlexStand Software; and

c) install the FlexStand Software on only one single computer.

Duplication or reproduction of the FlexStand Software for any purpose
other than backup protection, including duplication for any commercial use, 
is a violation of the copyright of CIM INDUSTRIAL SYSTEMS A/S and its suppliers.

Printed materials accompanying the FlexStand Software PRODUCT must 
not be copied or in any other way reproduced. 

All title and intellectual property rights in and to the content 
which may be accessed through use of the FlexStand Software is the 
property of the respective content owner and may be protected by 
applicable copyright or other intellectual property laws and treaties. 
This License Agreement does not grant the User any rights to use 
such content.  All rights not specifically granted under this 
License Agreement are reserved by CIM INDUSTRIAL SYSTEMS A/S and its suppliers.

3. FlexStand Software Activation, updates and license management

The FlexStand Software has built-in license management that helps you
to avoid any unintentional violation of this Software License Agreement. 

The FlexStand Software may use your Internet connection for the purpose
of transmitting license-related data at the time of installation, registration
or update to an CIM INDUSTRIAL SYSTEMS A/S or its suppliers operated license Software
and validating the authenticity of the license-related data in order to 
protect CIM INDUSTRIAL SYSTEMS A/S and its suppliers against unlicensed or
illegal use of the FlexStand Software and to improve customer service.
Activation is based on the exchange of license related data between your
computer and the CIM INDUSTRIAL SYSTEMS A/S or its suppliers license Software.
You agree that CIM INDUSTRIAL SYSTEMS A/S and its suppliers may use these 
measures and you agree to follow any applicable requirements. 

CIM INDUSTRIAL SYSTEMS A/S or its suppliers may provide a LiveUpdate 
notification service to you, which is free of charge. 
CIM INDUSTRIAL SYSTEMS A/S and its suppliers may use your Internet connection
for the purpose of transmitting license-related data to an 
CIM INDUSTRIAL SYSTEMS A/S or by its suppliers operated LiveUpdate Software
to validate your license at appropriate intervals and determine if there is
any update available for you.  
 
The terms and conditions of the Privacy Policy are set out in full at 
http://www.flexstand.eu/privacy and are incorporated by reference into 
this Software License Agreement. By your acceptance of the terms of this 
Software License Agreement or use of the FlexStand Software, you authorize
the collection, use and disclosure of information collected by 
CIM INDUSTRIAL SYSTEMS A/S or its suppliers for the purposes provided for in this
Software License Agreement and/or the Privacy Policy as revised from time to time.
Users understand and consent to the processing of personal information in a third
country for the purposes described herein. CIM INDUSTRIAL SYSTEMS A/S has the right
in its sole discretion to amend this provision of the Software License Agreement 
and/or Privacy Policy at any time. You are encouraged to review the terms of the
Privacy Policy as posted on the FlexStand.eu web site from time to time. 

4. Other rights and limitations:

The User shall not allow others either directly or indirectly to copy
or reproduce the FlexStand Software in any form and shall not use
the FlexStand Software in connection with other products.

The User shall not use the Software in any way that violates any local, state,
federal or law of other nations.

The User may only reverse-engineer, decompile, and disassemble 
the FlexStand Software in accordance with the Danish Copyright Act 
Section 37.

The User may not rent, lease, or lend the FlexStand Software.

The User may permanently transfer all of the Users rights under 
this License Agreement, provided

a) the User retain no copies,

b) the User transfers all of the FlexStand Software, including all 
   component parts, the media and printed materials, any upgrades 
   or backup copies, this License Agreement, and

c) the recipient expressly agrees to the terms of this License Agreement.

If the FlexStand Software is an upgrade, any transfer must include all 
prior versions of the FlexStand Software.

Without prejudice to any other rights, CIM INDUSTRIAL SYSTEMS A/S and its 
suppliers may terminate this License Agreement if the User fails to comply 
with the terms and conditions of this License Agreement. In such event, 
the User must destroy all copies of the FlexStand Software and all 
of its component parts.

CIM INDUSTRIAL SYSTEMS A/S and its suppliers is not obligated to provide 
technical or other support services for the FlexStand Software. 
If CIM INDUSTRIAL SYSTEMS A/S and its suppliers should provide the 
User with support services related to the FlexStand Software, use of 
such support services is governed by CIM INDUSTRIAL SYSTEMS A/S and its 
suppliers policies and programs in force from time to time and as described 
in the user manual, in "online" documentation, and/or in other 
CIM INDUSTRIAL SYSTEMS A/S and its suppliers provided materials. Any supplemental 
Software code provided to the User as part of such support services shall 
be considered part of the FlexStand Software and subject to the terms 
and conditions of this License Agreement. With respect to technical information, 
which the User may provide to CIM INDUSTRIAL SYSTEMS A/S and its suppliers as 
part of such support services, CIM INDUSTRIAL SYSTEMS A/S or its suppliers may use 
such information for its business purposes, including for product 
support and development. 

5. Trademarks

The User acknowledges and agrees that all existing and future 
trademarks and/or intel-lectual property rights which relate to 
the FlexStand Software are owned by CIM INDUSTRIAL SYSTEMS A/S or its suppliers 
irrespective of whether they have been or have not been registered 
or in any other way protected. Furthermore the User agrees that all 
trademarks and/or intellectual property rights will remain the 
property of CIM INDUSTRIAL SYSTEMS A/S or its suppliers on cancellation of this 
Agreement irrespective of the cause of the cancellation.

6. Disclaimer of warranty

To the maximum extent permitted by applicable law, CIM INDUSTRIAL SYSTEMS A/S and 
its suppliers provide the FlexStand Software and any (if any) support 
services AS IS, and hereby disclaim all warranties and conditions, 
either express, implied or statutory, including, but not limited to, 
any (if any) implied warranties or conditions of merchantability, of 
fitness for a particular purpose, of accuracy or completeness of 
responses, of results, and of lack of gross negli-gence or lack of 
workmanlike effort, all with regard to the FlexStand Software, and the 
provision of or failure to provide support services.

By using the Internet and/or the Software and/or the Service and/or the Content,
the User may be exposed to eavesdropping, electronic trespassing, hacking and other
harmful acts or consequences that might lead to unauthorized invasion of privacy,
loss of data and other damages.

THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF 
USE OR PER-FORMANCE OF THE SOFTWARE PRODUCT AND 
SUPPORT SERVICES, IF ANY, REMAINS WITH THE USER. 

The User expressly acknowledges and agrees that the use of the 
Software is solely at the User's risk.

7. Limitation of liability

To the maximum extent permitted by applicable law, in no event 
shall CIM INDUSTRIAL SYSTEMS A/S or its suppliers be liable for any special, 
incidental, indirect or consequential damages whatso-ever, 
including but not limited to damages for loss of profits or 
confidential or other infor-mation, for business interruption, 
for personal injury, except from personal injury suffered as a 
consequence of product liability, for loss of privacy, for 
failure to meet any duty, for gross negligence, and for any other 
pecuniary or other loss whatsoever arising out of or in any way 
related to the use of or inability to use the FlexStand Software, 
the provision of or failure to provide support services or 
otherwise under or in connection with any provisions of this 
License Agreement, even in the event of tort, strict liability, 
breach of contract or breach of warranty of CIM INDUSTRIAL SYSTEMS A/S or any 
supplier, and even if CIM INDUSTRIAL SYSTEMS A/S or any supplier has been advised 
of the possibility of such damages.

Notwithstanding any damages that the User might incur for any 
reason whatsoever, in-cluding, without limitation, all damages 
referred to above and all direct or general dam-ages, the entire 
liability of CIM INDUSTRIAL SYSTEMS A/S and any of its suppliers under 
any provision of this License Agreement and the User’s exclusive remedy 
for all of the foregoing shall be lim-ited to the greater of the amount 
actually paid by the user for the FlexStand Software. The foregoing 
limitations, exclusions and disclaimers shall apply to the maximum 
extent per-mitted by applicable law, even if any remedy fails its 
essential purpose.

8. Governing Law and Venue

Any dispute arising out of or in connection with this License 
Agreement shall be settled by Danish courts in accordance with 
Danish law.