License Agreement for the "yalst LiveSupportTool"
(Hosted Version)

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS SOFTWARE PACKAGE YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE LICENSE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

1. PREFACE
Visisoft owns all intellectual property in the Software. The Software is licensed on a hosted basis. Visisoft permits you to use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this agreement.

2. DEFINITIONS
"Visisoft" means the Visisoft GbR, Lise-Meitner-Ring 7, 18059 Rostock, Germany.
"Server" means a computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
"Permitted number" means one (1) unless otherwise indicated under a valid license granted by Visisoft.
"Software" means
(1) all of the information with which this Agreement is provided, including but not limited to
- Visisoft or third party software files and other computer information
- sample and stock photographs, images, sounds, clip art and other artistic works
- related explanatory written materials and files ("Documentation")
(2) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by Visisoft at any time, to the extent not provided under a separate Agreement (collectively, "updates").

3. SOFTWARE LICENSE
As long as you rented the Software from Visisoft or one of its authorized licensees and as long as you comply with the terms of this Agreement, Visisoft grants you a non-exclusive license to use the Software in the manner and for the purposes described in the Documentation, as further set forth below.
(1) Security-relevant Systems. The software is not designed, licensed or intended for use in nuclear facilities, aircrafts, communication systems, flight control system or security-relevant monitoring systems and its licensors disclaim any express or implied warranty of fitness for such uses.
(2) Deaf persons. This software may not be used to provide support for deaf persons exclusively.

4. TEST ACCESS AND ONLINE DEMO
If the Software is a tryout ("Test Access") or an online demo, then the following section applies. The tryout or demo software versions may contain limited functionality and is to be used for demonstration and evaluation purposes only and not for your commercial purposes. Your use of the trial or demo software versions is at your own risk.

5. INTELLECTUAL PROPERTY OWNERSHIP
The Software is the intellectual property of and is owned by Visisoft. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Visisoft. The Software is protected by law, including but not limited to the copyright laws of Germany and other countries, and by international treaty provisions. This agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Visisoft.

6. LIMITATION OF LIABILITY
(1) Unless specified in this agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid.
(2) The manufacturer Visisoft draws attention to the fact that in view of the current state of the art, it is not possible to create computer Software such that it functions free from error in all applications and combinations. The subject of the Agreement is merely a Software product which is fundamentally fit for use as stated in the description of the program and in the documentation. In particular, Visisoft does not guarantee that the Software will fulfill the your needs and purposes or will work together with your other programs. You bear the responsibility for the correct selection and the consequences of using the Software, in as far as intended or achieved results are concerned. The same applies to the printed material which accompanies the Software. Visisoft is not liable for damages except in the circumstances that damage has been caused by intent or through gross negligence on the behalf of Visisoft. The liability with respect to traders for gross negligence is also excluded. Any liability resulting from a property assured by Visisoft remains unaffected by this. Liability for consequential harm caused by a defect, which is not covered by the warranty is excluded.
(3) To the extent not prohibited by law, in no event will Visisoft or its affiliates or suppliers be liable to you for any loss, damages, claims or costs whatsoever including any consequential, indirect or incidental damages, any lost profits or lost savings, any damages resulting from business interruption, personal injury or failure to meet any duty of care, or claims by a third party, even if an adobe representative has been advised of the possibility of such loss, damages, claims or costs. the foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. Visisoft's aggregate liability and that of its affiliates and suppliers under or in connection with this agreement will be limited to the amount paid for the software, if any. This limitation will apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this Agreement.

7. GOVERNING LAW
Any action related to this Agreement will be governed by the laws of Germany. The courts of Rostock, Germany will have exclusive jurisdiction and venue over any dispute arising out of this agreement, and you hereby consents to the jurisdiction of such courts. No choice of law rules and of any jurisdiction will apply.

8. SEVERABILITY
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

9. INTEGRATION
This Agreement, including any terms contained in your entitlement, is the entire agreement between you and Visisoft relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.