Miscellaneous

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Topcon Electronics GmbH Corporation for the Topcon Electronics GmbH software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Product"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT. In addition, by installing, copying, or otherwise using subscription updates that you receive as part of the Product (''UPDATES''), you agree to be bound by the additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or use such UPDATES.

The Product is licensed by Topcon Electronics GmbH.

1. Applicability Of License. The licence is applicable to the OPUS Projektor and the included tools such as Updater. Future upgrades will be part of this EULA if not stated in a separated licence agreement for this upgrade or tool.

2. General Grant of License. In general, for each license you have acquired for the Product, one individual is authorized to use the Product according to the terms of this EULA. Unless expressly stated otherwise, the Product may not be separated for use by more than the one individual authorized to use the Product. For additional licences Topcon Electronics GmbH must be achieved from Topcon Electronics GmbH.

Without Licence the OPUS Projektor can be used as a demo version with limited functionality.

3. Additional Rights And Limitations-General.

3.1. Limitation On Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.

3.2. Termination. Without prejudice to any other rights, Topcon Electronics GmbH may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.

3.3. Not For Resale Software. All Software provided by Topcon Electronics GmbH is not for resale. The only party to sell Topcon Electronics GmbH Software is Topcon Electronics GmbH, if not stated in extra agreements.

Topcon Electronics GmbH holds no rights on the projects created with the OPUS Projektor.

3.4. Separation of COMPONENTS. The Product is licensed as a single product. Its COMPONENT parts may not be separated for use by more than one user (or for use on more than one computer for Server Software).

3.5. Prerelease Code. Portions of the Product may be identified as prerelease code ("Prerelease Code") or as Release Candidate (�RCx�). Such Prerelease Code or RC is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment. Topcon Electronics GmbH is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code or Release Candodate Code from Topcon Electronics GmbH.

3.6. Update License Terms. All UPDATES shall be considered part of the Product and subject to the terms and conditions of this EULA. Additional license terms may accompany UPDATES (as defined in the first paragraph of this EULA). By installing, copying, or otherwise using any UPDATE, you agree to be bound by the terms accompanying each such UPDATE. If you do not agree to the additional license terms accompanying such UPDATES, do not install, copy, or otherwise use such UPDATES.

4. Licenses Applicable to OPUS Projektor and its Plugins (Updater)

4.1. Demoversions. By providing the software to you, Topcon Electronics GmbH grants you the right to make and use up to 5 copies on your computer. The software has limited functionality and is intented for evaluation only.

4.2. Licenced Version Topcon Electronics GmbH will licence the OPUS Projektor if requested, latest together with the purchase of the development kit. Each licence fille isl inked to the computer the OPUS Projektor is installed on. For each installation copy a new license must be provided.

The licence grants access to the complete functionality of the OPUS Projektor.

4.3. Giving the software away: THE OPUS Projektor MUST NOT GIVEN AWAY TO A THIRD PARTY WITHOUT WRITTEN APPROVAL BY Topcon Electronics GmbH. This applies for demo versions as well as for licenced software versions.

4.4. DISCLAIMER OF WARRANTIES. Topcon Electronics GmbH provides the Product and support services AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.

4.5. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Topcon Electronics GmbH OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR 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 PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF Topcon Electronics GmbH , AND EVEN IF Topcon Electronics GmbH OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.6. LIMITATION OF LIABILITY. Topcon Electronics GmbH is not responsible for the functionality and safety of the projects created with the OPUS Projektor. The complete responsibility including testing and verification is within the responsibility of the customer using the OPUS Projektor. This includes all liabilities that might occur by not correctly working projects.

4.7. The Product is protected by copyright and other intellectual property laws and treaties. Topcon Electronics GmbH owns the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.