1EGENIX.COM PUBLIC LICENSE AGREEMENT 2Version 1.1.0 3This license agreement is based on the Python CNRI License Agreement, a widely 4accepted open- source license. 5 61. Introduction 7This "License Agreement" is between eGenix.com Software, Skills and Services 8GmbH ("eGenix.com"), having an office at Pastor-Loeh-Str. 48, D-40764 9Langenfeld, Germany, and the Individual or Organization ("Licensee") accessing 10and otherwise using this software in source or binary form and its associated 11documentation ("the Software"). 12 132. License 14Subject to the terms and conditions of this eGenix.com Public License Agreement, 15eGenix.com hereby grants Licensee a non-exclusive, royalty-free, world-wide 16license to reproduce, analyze, test, perform and/or display publicly, prepare 17derivative works, distribute, and otherwise use the Software alone or in any 18derivative version, provided, however, that the eGenix.com Public License 19Agreement is retained in the Software, or in any derivative version of the 20Software prepared by Licensee. 21 223. NO WARRANTY 23eGenix.com is making the Software available to Licensee on an "AS IS" basis. 24SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, EGENIX.COM MAKES 25NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT 26LIMITATION, EGENIX.COM MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF 27MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE 28SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. 29 304. LIMITATION OF LIABILITY 31EGENIX.COM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE SOFTWARE 32FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING, 33WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, 34LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) AS A RESULT OF USING, 35MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF 36ADVISED OF THE POSSIBILITY THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE 37EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE 38EXCLUSION OR LIMITATION MAY NOT APPLY TO LICENSEE. 39 405. Termination 41This License Agreement will automatically terminate upon a material breach of 42its terms and conditions. 43 446. Third Party Rights 45Any software or documentation in source or binary form provided along with the 46Software that is associated with a separate license agreement is licensed to 47Licensee under the terms of that license agreement. This License Agreement does 48not apply to those portions of the Software. Copies of the third party licenses 49are included in the Software Distribution. 50 517. General 52Nothing in this License Agreement affects any statutory rights of consumers that 53cannot be waived or limited by contract. 54 55Nothing in this License Agreement shall be deemed to create any relationship of 56agency, partnership, or joint venture between eGenix.com and Licensee. 57 58If any provision of this License Agreement shall be unlawful, void, or for any 59reason unenforceable, such provision shall be modified to the extent necessary 60to render it enforceable without losing its intent, or, if no such modification 61is possible, be severed from this License Agreement and shall not affect the 62validity and enforceability of the remaining provisions of this License 63Agreement. 64 65This License Agreement shall be governed by and interpreted in all respects by 66the law of Germany, excluding conflict of law provisions. It shall not be 67governed by the United Nations Convention on Contracts for International Sale of 68Goods. This License Agreement does not grant permission to use eGenix.com 69trademarks or trade names in a trademark sense to endorse or promote products or 70services of Licensee, or any third party. 71 72The controlling language of this License Agreement is English. If Licensee has 73received a translation into another language, it has been provided for 74Licensee's convenience only. 75 768. Agreement 77By downloading, copying, installing or otherwise using the Software, Licensee 78agrees to be bound by the terms and conditions of this License Agreement. For 79question regarding this License Agreement, please write to: 80eGenix.com Software, Skills and Services GmbH 81Pastor-Loeh-Str. 48 82D-40764 Langenfeld 83Germany 84