REXCEL PROFESSIONAL USE LICENSE (Version 2, February 18, 2012) Copyright (C) 2009-2013 Erich Neuwirth. All rights reserved. This License applies to the computer program known as "RExcel". The "Program", below, refers to such program, and a "work based on the Program" means either the Program or any derivative work of the Program, such as a translation or a modification. The Program is a copyrighted work whose copyright is held by Erich Neuwirth (the "Licensor"). PLEASE READ THIS LICENSE AGREEMENT CAREFULLY, AS IT IS A LEGAL CONTRACT BETWEEN YOU, AS THE USER OR DISTRIBUTOR OF THE PROGRAM, AND THE LICENSOR. BY USING OR DISTRIBUTING THE PROGRAM (OR ANY WORK BASED ON THE PROGRAM), YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE TO DO SO, AND ALL ITS TERMS AND CONDITIONS FOR USING, COPYING, DISTRIBUTING OR MODIFYING THE PROGRAM OR WORKS BASED ON IT. THIS LICENSE GRANTS YOU PERMISSION TO USE THE PROGRAM OR ITS DERIVATIVE WORKS. ALL OTHER ACTIONS ARE PROHIBITED BY LAW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE, MODIFY OR DISTRIBUTE THE PROGRAM. I. USE OF THE PROGRAM Under the terms of this agreement, the Licensor hereby grants you a non-exclusive, non-transferable, non-sublicensable right to install and use the Program on or in connection with a single computer. If the Program is modified, merged or included with other programs, they may be used on a single computer only, too. The unchanged, modified or merged Program may be copied in machine-readable or printed form, if the copy serves for data backup purposes. II. LIMITATIONS AND RESTRICTIONS It is not permitted to decrypt, decompile, disassemble or reverse engineer the Program or to derive the source code of the Program in any way. Any copyright notices, logos, and license texts included with the software must not be removed or changed. Redistribution of the Program by any means (e.g. an internet site or a CD ROM) is not allowed. An exception to this is transferring the program together with the valid license of the program or with a special redistribution contract. Valid licenses of the program may be limited to a specific entity (company, organization). If this is the case, a transfer will automatically invalidate the license. III. TRANSFER RESTRICTIONS The licensee may transfer his/her license to a third party within the extent and within the restricted conditions arising from items I and II. These conditions must particularly be pointed out to the third party. If the Program is modified, merged or included with other programs, the license for the Program may only be transferred in a whole and as-is (together with the programs it is merged with or included in). Transfer as a part of a permanent contractual obligation (e.g. rent, leasing) is not allowed. The transfer extinguishes all usage rights of the transferor of the licensed copy, to be precise of copies, modifications and merged parts. If these are not transferred to the third party, they must be destroyed. IV. EXPORT OF THE PROGRAM When exporting the Program the licensee must observe the Austrian export conditions, export conditions of exporting country, and the import rules of the licensee's country. V. WARRANTY AND LIMITATION OF LIABILITY Licensing of this software is done without defect warranty. Faulty enclosed material or defective data media are exchanged free of cost if they are submitted within 90 days after purchase date. There are no other explicit or implicit warranties, including the fitness of use and suitability of the Program for a certain purpose. The Licensor is not responsible for consequential damages; this also includes others damages for loss of business profits or other financial losses as well as other consequential damages resulting from usage of the Program and/or from the inability to use the Program. This is also valid if the Licensor or an authorized agent of the Licensor has been informed about the possibility of such a damage. If these warranties and liability restrictions are not valid in case of the applicable jurisdiction, then the license agreement is not valid as a whole and use of the Program is not allowed under the terms of this agreement. VI. RELEASE AND INDEMNITY You agree to release, defend, indemnify and hold harmless the Licensor, its officers, directors, employees, agents, independent contractors, attorneys, accounts, parent corporations, subsidiary corporations, affiliates, successors, and assigns, from and against any and all liability, claims, actions or demands by yourself or any other party resulting from or relating to your use or misuse of the Program. You waive all laws that may limit the efficacy of such a release or indemnity. VII. GOVERNING LAW AND PLACE OF JURISDICTION 1. This Agreement shall be interpreted and construed according to, and governed by, the laws of The Republic of Austria. The courts located in Baden bei Wien, Austria, shall have jurisdiction to hear any dispute under this Agreement. 2. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Austria. VIII. SEVERABILITY CLAUSE If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: 1. the validity or enforceability in that jurisdiction of any other provision of this Agreement; or 2. the validity or enforceability in other jurisdictions of that or any other provision of this Agreement. This does not apply to clauses V. (WARRANTY AND LIMITATION OF LIABILITY), VI. (RELEASE AND INDEMNITY) and VII. (GOVERNING LAW AND PLACE OF JURISDICTION). Invalidation of clauses V. and/or VI. and/or VII. will cause the whole agreement to be invalid.