Enduser License Agreement

Preamble

The Licensee plans to use software products of the Licensor in his company or for his personal use. Therefore, the Licensor grants the Licensee the right to use the Software in the version most current at the point of contract closure and subject to the provisions of this agreement. The software is delivered via download. Performing the download is considered to be an order.

§1. Definitions

1. "Employee" means any natural person employed at a legal entity.

2. "Named User" is a natural person who is entitled to use the Software in accordance with this contract. If no amount is indicated in the order, the amount of Named Users is one (1). Named User may also, if specifically mentioned in the order, be a legal entity, so that all Employees of the legal entity may use the software.

3. "Software" is the software application specified in the order or downloaded by Licensee without updates and upgrades.

4. "License" is the authorization of the Licensee to use the licensed Software permanently and indefinitely in general.

5. "License Key" specifies which part of the functionality of the licensed Software may be used within which time limits. It is valid for a specified Named User during the specified time limit.

6. "Support" is the telephone or ticket-based customer support by the Licensor to answer question regarding the specific use of the Software.

7. "Updates" are such updates, feature enhancements, security patches or fixes, that enhance the Software insignificantly, compared to the overall functionality of the Software. These are regularly indicated by changing the version number at the right side of the decimal point.

8. "Upgrades" such updates, feature enhancements, security patches or fixes, that enhance the Software significantly, compared to the overall functionality of the Software. These are regularly indexed by changing the version number at the left of the decimal point.

9. "Confidential Information" means all information and documents of the other party, which are marked as confidential or considered to be confidential with respect to the circumstances, including but not limited to source code, information about business processes, business relations and know-how. Information is not considered to be confidential, (i) if these were demonstratably known to the receiving party when concluding the contract or were legally retrieved afterwards through a third party while ensuring, at the same time, no confidentiality agreement, legal regulations or official orders are violated; (ii) if the information was publicly known at the time of contract closure or has been made public thereafter, in all cases without a violation of this agreement; (iii) if the information must be disclosed due to an order of a court or public authority. Where permissible and possible, the disclosing party will inform the other party in advance to disclosure and give this party the opportunity to stop the disclosure.

§2. Subject matter and Delivery

1. The Licensor grants the Licensee a simple right to use the Software in accordance with this agreement, in particular with No. 2., the License

2. Depending on the License Key, Licensee purchased from Licensor, Licensee is allowed to use different functionality of the Software as documented on the Licensor’s website under https://oldworldcomputing.com.

3. License Keys are assigned Named Users and Licensee must seek for prior written consent from Licensor if he wants to assign the license to another Named User.

4. The nature and functionality of the software are described exhaustively in the user manual and the installation guide, which are available on the Licensor's website under https://oldworldcomputing.com without additional registration. The made descriptions therein are performance descriptions. The user manual and installation guide are in English, as well as the software itself.

5. License Keys will be delivered by email after a signed order was received by Licensor.

6. Licensee agrees to pay the license fee specified in the order of a License Key without delay. Licensee will automatically, without the necessity for another time limit, be in default if the amount on the order will not be received on Licensor's bank account before the date mentioned.

7. The software will be delivered by Licensee downloading the Software from Licensor's website or a resource authorized by Licensor. Licensor does not charge any addition fee for the download, but Licensee shall pay all fees and expenses that may arise on occasion of a download for Licensee. This also applies to, but not exclusively, the cost of internet access providers, maybe in combination with a data volume contract.

8. Additional services, such as installation of the software by Licensor are not the a part of this contract.

§3. Support and Maintenance

1. Named Users may ask questions to the Support of Licensor without charge while having a valid License Key.

2. Licensee may, at least for the duration of one year after purchasing a License Key, or longer if the purchased License Key’s support period exceeds one year, beginning with the time of contract closure or the prologation period, receive Updates and Upgrades for the Software free of charge. It is Licensee's sole discretion to install such Updates or Upgrades.

§4. Right to use

Licensee is granted a non-exclusive, time limited to the agreement term (except for perpetual licenses, which is perpetual), non-transferable and non-sublicensable right to use the Software. The right to use includes loading, displaying and running the Software as an Extension to RapidMiner.

§5. Restrictions

1. This agreement is fixed to the time outlined in the order and shall end automatically at the end of the stated time period. This period will be encoded in the delivered License Key. During the contract term, the right to terminate is excluded, unless there are reasons which may provide for a termination without notice. In case Licensee orders a perpetual license, the right to terminate does not exist due to the agreement's legal nature.

2. Licensee is not entitled to (I) distribute the Software in whole or in parts, (ii) transfer the Software to thirdparties, (iii) grant access for third parties with or free of charge, (iv) publically demonstrate the Software or (v) pledge the Software as security. Licensor remains the sole legitimate beneficiary to perform such actions, unless he expressly authorized a specific action by Licensee in advance in writing.

3. Licensee undertakes to omit any action or action of his Employees that may be considered to be a circumvention of technical protection measures or restriction of the Software.

4. Licensee is not entitled to amend the software without Licensor's prior written consent, unless Licensor's written consent couldn't be retrieved without making Licensor directly liable for causing a damage with a specific amount. Any amendment that may lead to an illegal use or may exceed Licensee's usage rights, are prohibited.

5. Licensee is not allowed to decompile the Software or in any other way reverse engineer the Software in order to retrieve the source code.

§6. Warranty and Liability

1. Licensor undertakes to deliver the Software free of error; the Software will be considered free of error, if it delivers the results as described in the user manual. If a License Key is ordered, the warranty period is one (1) year. Without a License Key, there is absolutely no warranty.

2. If a valid License Key is present Licensor shall be liable for damages caused by Software without restriction in case of intent or gross fault, for violations of life, limb or health, in accordance with the German Product Liability Act as well as to the extent of a given guarantee. A guarantee is only granted if named expressly as such.

3. In case of slight negligence violation of Licensor's obligation, which at the same time is essential for the contract purpose fulfillment (cardinal obligation), Licensor's liability shall be restricted to the damage that was typical and forseeable with respect to the business in question.

4. The liability according to §6 is furthermore restricted to the amount, Licensee factually paid in the previous twelve (12) months before the damaging event occurred.

5. For free of charge Updates and Upgrades, Licensor is only liable in case of intent.

6. Licensor points out that, in case the Software is only executable in connection with a third party software, he is not liable for such third party software.

7. The restrictions outlined in §6 also apply to personal liability of Licensor's Employees, representatives and agents. This includes Licensor's vicarious agents.

§7. Obligations of Licensee

1. Licensee undertakes to check the Software for errors on reception and to report those errors to Licensor within 14 calendar days in writing and in a form that enables him to reproduce the error.

2. Licensor may, at his own discretion, either correct the error or provide a complete new download of the Software. Addition rights of Licensee remain unaffected.

3. After the end of the license term, Licensee undertakes to stop using the Software completely and to delete from its systems.

4. In case of a continued use beyond the license term, Licensee shall pay a contractual penalty amounting to twelve (12) times the annual or perpetual license fee, not regarding any factual use or the amount of named users, but in any case, the higher amount.

5. In case of a illegal transfer to a third party by slight negligent actions of Licensee, Licensee is obliged to disclose the name and address of such third party to Licensor in writing.

§8. Backup copy

Licensee is entitled to produce one backup copy for security purposes. The backup copy shall be protected against unauthorized access in the same way, Licensee uses in his own matters.

§9. Confidentiality

1. Licensee will make the Software and its Updates and Upgrades and access codes available only to those persons having a right and authorization to use the Software. Licensee will protect the Software and its access codes from unauthorized third parties.

2. Licensee and Licensor undertake to keep Confidential Information in strict confidence. The Parties will allow access to Confidential Information only to those Employees and consultants that are concerned with the execution of this contract and shall agree on a Confidentiality Agreement in the same extend with these persons also after termination the agreement and within legal permissions. External parties shall only have access to Confidential Information if they are required to obey a professional secrecy or have signed an equivalent non-disclosure agreement.

§10. Closing provisions

1. This agreement and claims arising out of or in connection with this agreement shall be governed by the law of the Federal Republic of Germany without international conflict of law provisions. The provisions of the International Sales of Goods are not applicable.

2. Exclusive place of jurisdiction is Licensor's seat in case both Parties are a trader or one Party does not have a permanent residence in Germany.

3. Licensee may not transfer any claim to any third party without Licensor's prior written approval.

4. Licensee may only offset charges against undisputed or legally settled claims or withheld any fulfillment of such claims. The right to withheld may only be permitted with claims arising out of the same contract.

5. (Re-) Export regulation of the United States of America or the European Union may apply.

6. At the time of contract closure, the are no side agreements between the parties. Any change of contract requires written form.

7. In case any provision of this agreement may be held invalid or unenforcable, this shall not affect the existence of the remaining provisions.

8. Licensee and Licensor undertake to replace the invalid or unenforacable provision with a provision that comes as close as legally possible to the economically desired.

9. The titles in this contract only serve for orientation and are not a part of the agreement.

10. Licensee's Terms and Conditions shall not apply. Licensee already declares that all contracting statements wshall have no legal binding.

11. Place of fulfillment is Bochum, Germany.