This is a legal agreement between the user of the product CSS-Spooler (CSS for Unix, CssNT and WinCss) thereafter called User, and

Unitec Informatik
Thomas Madörin
Leerüti 797

CH-8625 Gossau

called Unitec and covers all parts of the software and its documentation.

By installing and/or using the enclosed software, you are agreeing to be bound by the terms of this agreement. It includes all component parts of the CSS Software such as libraries, executables, user interfaces, source components and all associated documentation, jointly referred to as Products.

Unitec Informatik (Unitec) grants you (User) the limited right to use one (1) copy of the enclosed Product in object code on a single terminal connected to a single computer. Multi terminal licenses are available from Unitec. This agreement supersedes all prior agreements, proposals, and representations between you and Unitec regarding: 1) the Unitec Software contained in this package; 2) earlier releases of this Software and; 3) all accompanying written materials, including any prior written agreement or any agreement in the manuals.

1. You may use the Products to develop computer programs in compiled, linked, executable form (your Application Programs), provided none of the programs constitute either a spooler system or a communication management product which could be used to commercially compete with any Unitec product currently available. You may not delete Unitec copyright notices from your Application Programs. You may use the Products only with the type of operating system specified on the media labels. Other licenses must be obtained form Unitec for development in other environments.

2. If the Product label specifies a multi-user operating system, the Product may be used by the same number of users and/or programmers as the number granted by your serial number and activation key combination, provided they all use the same, single Central Processing Unit (CPU). For single user operating systems, you must obtain a license for each CPU (effectively each user, programmer or workstation on a network) on which the Product is used, whether in source code or object code.

3. You may modify and compile the Product source code, if supplied, provided you do not delete copyright notices. All modified versions are part of the licensed Products subject to this agreement and the property of Unitec. All modifications of, partial replacements of, and extensions of Unitec source code must be delivered to Unitec upon written request. If you compile the source code for use with an operating system other than specified on the media labels, you must license another copy of the Products, specifying that operating system, or obtain a special license from Unitec for that operating system, even if you intend to use both versions on only a single CPU.

4. You agree to indemnify, hold harmless, and defend Unitec form and against any claims or lawsuits, including attorneys’ fees, that arise or result from the use or distribution of programs distributed under this license, including any claim that Application Programs which you created under this license infringe any rights of any third parties.

5. The Products contain proprietary and confidential information. You must keep the Products in strict confidence and ensure that anyone with access to the Products refrains from unauthorized reproduction or disclosure. All copies of the Products, including written materials, are protected by national copyright laws and international treaty provisions and are owned by Unitec or its suppliers. You may not use, reproduce, modify, distribute, disclose, or transfer the Products, except as allowed by this license. You may make a reasonable number of copies solely for working, backup, or archival purpose, provided you use only one working copy at a time for each licensed CPU. You may not copy the written materials accompanying the Products. You may not sell, sublicense, rent, lease, assign, give, or transfer any Unitec end user license or Product. Your obligations under this agreement survive any substitution and/or termination of the licenses granted by this agreement.

6. The license granted herein may be terminated by returning or distroying all copies of the Products materials within your control and so notifying Unitec in writing. The above licenses, including your right to use the Products, will terminate automatically if you infringe Unitec copyrights or breach this agreement. Unitec may suspend or terminate the above licenses, with 30 days prior notice and opportunity to cure, if you fail to pay any amount due Unitec or any Unitec distributor, dealer, or subsidiary. Termination of the above licenses neither impairs third party rights in programs lawfully distributed prior thereto, nor does such termination affect other obligations under this agreement.

7. Unitec warrants that the Products have been accurately recorded on the media and that the media contain no defects. If you return any medium which does not meet this warranty to the place where you obtained it within 30 days from the date of shipment, Unitec or its reseller will repair or replace the medium without charge. Unitec disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, and all other remedies for breach of the above warranty. You assume all risks with respect to the accuracy, adequacy, quality, reliability, and performance of the products. All implied warranties which may not be disclaimed are limited to 30 days.

8. In no event shall Unitec, its resellers, or suppliers be liable for any damages whatever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this product, whether in an action based on contract or tort, including negligence or strict liability, even if Unitec has been advised of the possibility of such damages. Any liability of Unitec is limited in the aggregate to amounts paid to Unitec for this Software and license.

9. Whenever possible, each provision of this agreement shall be interpreted in such manner as to be valid and effective under applicable law. If any provision is invalid, the remaining provisions remain enforceable.

10. The laws of the Kanton Zürich, Switzerland, control this agreement. It is enforceable by Unitec and/or its distributors and dealers. Disputes will be finally resolved by arbitration pursuant to uncitral rules of arbitration and conducted in Zürich, Switzerland. The arbitration will be conducted, at Unitec’s option, either in English or German by one arbitrator. The prevailing party in any action related to an alleged infringement of Unitec proprietary rights is entitled to recover its costs and expenses, including reasonable attorneys’ fees.