LICENSE AGREEMENT FOR NOAH ("PRODUCT") SOFTWARE AND HARDWARE.
 
IMPORTANT NOTICE - PLEASE READ CAREFULLY:

This CreamWare GmbH License Agreement ("CLA") is a legal agreement between you (either an individual or a single entity) and CreamWare GmbH, Siegburg, Germany ("CWDT"), for the CWDT PRODUCT identified above, which includes certain hardware (e.g. audio hardware, connectors, cables etc.) ("HARDWARE") and software and which may also include associated media, printed materials, and/or "online" or electronic documentation ("SOFTWARE").

By installing, copying, or otherwise using the PRODUCT, you agree to the terms and conditions of this CLA. If you do not agree to the terms of this CLA, do not install or use the PRODUCT; you may, however, return it to your place of purchase for a full refund.

HARDWARE LIMITED WARRANTY.
CWDT warrants that the PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of purchase. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the PRODUCT, if any, are limited to ninety (90) days. However, in case of HARDWARE failure or defective parts not resulting from abuse or misapplication, CWDT will repair or replace the HARDWARE within a period of one year from the date of initial purchase (European countries: two years) which has to be proven by accompanying copy of the original purchase document. 

SOFTWARE LICENSE
The PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE contained herein is licensed, not sold.

1. GRANT OF LICENSE. This CLA grants you the following rights:

You may install and use one copy of the SOFTWARE, or any prior version for the same operating system, for the sole purpose of reasonable enjoyment of the PRODUCT.

You may also store or install a copy of the SOFTWARE on a storage device, such as a network server, used only to install or run the PRODUCT on your other computers over an internal network; however, you have to acquire a dedicated HARDWARE for each separate computer on which the SOFTWARE is installed or runs from the storage device. 

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. 

NOT FOR RESALE. If the PRODUCT is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this CLA, you may not resell, or otherwise transfer the PRODUCT to any third party without the prior written consent of CWDT.

REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the PRODUCT.

SEPARATION OF COMPONENTS.
The PRODUCT is licensed as a single product. Its components may not be separated for use on more than one computer.

SUPPORT SERVICES.
CWDT may provide you with support services related to the PRODUCT ("Support Services"). Use of Support Services is governed by the CWDT policies and the regulations of CWDT General Terms and Conditions. Any supplemental software or hardware code provided to you as part of the Support Services shall be considered to be part of the PRODUCT and subject to the terms and conditions of this CLA. With respect to technical information you provide to CWDT as part of the Support Services, CWDT may use such information for its business purposes, including product support and development. 

SOFTWARE TRANSFER.
You may permanently transfer all of your rights under this CLA, provided THAT you retain no copies and you shall transfer all of the PRODUCT (including all component parts, the media and printed materials, any upgrades and this CLA), and the recipient agrees to the terms of this CLA. If the PRODUCT is an upgrade, any transfer must include all prior versions of the PRODUCT.

TERMINATION.
Without prejudice to any other rights, CWDT may terminate this CLA if you fail to comply with the terms and conditions of this CLA. In this case, you have to destroy all copies of related software and documentation and also have to return the complete PRODUCT including all hardware, software, documentation and/or upgrades to CWDT.

3. UPGRADES. 
If the PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by CWDT as being eligible for the upgrade in order to use the PRODUCT. A PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this CLA. 
If the PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4. COPYRIGHT. 
All titles and copyrights in and to the PRODUCT (including but not limited to any trademarks, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the PRODUCT), the accompanying printed materials, and any copies of the PRODUCT are owned by CWDT or its suppliers. The PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you have to treat the PRODUCT like any other copyrighted material except that you may install the PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. However, you may not copy the printed materials accompanying the PRODUCT.

5. LIMITED WARRANTY. 
CWDT warrants that (a) the PRODUCT will perform substantially in accordance with the technical specifications and the descriptions of the software manual for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by CWDT shall be substantially as described in applicable written materials provided to you by CWDT, and CWDT support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the PRODUCT, if any, are limited to ninety (90) days. 

6. CUSTOMER REMEDIES.
CWDT's and its suppliers' entire liability and your exclusive remedy shall be, at CWDT's sole discretion, either to repair or to replace the PRODUCT or defective parts of the PRODUCT. Multiple repairs shall be permissible. Any PRODUCT which is returned to CWDT has to be accompanied with a copy of the original purchase document. Non-compliance with the operation and maintenance instructions, any alterations or modifications to the goods delivered, changing or utilizing any parts or materials not conforming to the Sellers specifications will immediately render any warranties null and void. For a warranty claim, the Purchaser has to prove to the Seller beyond a reasonable doubt that none of these actions caused the goods to be defective or deficient. Any replacement PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. All of these remedies and any product support services offered by CWDT are only available with proof of purchase from an authorized international source.

7. APPLICABLE LAW.
This CLA is governed by the laws of Germany. 

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CWDT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. 

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CWDT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CWDT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CWDT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS "CLA" SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT.
