The copyright to this software is owned by   

H+BEDV Datentechnik GmbH
Tjark Auerbach; Managing Director
Lindauer Strae 21
88069 Tettnang
www.antivir.de
- hereinafter the "Licensor" -

It is an offence to reproduce or distribute this Software or parts
thereof without authorisation. Such actions can lead to criminal
or civil proceedings resulting in severe penalties or damage
claims.

The Licensor grants you - hereinafter the "Licensee" - use of
this Software subject to the following licensing conditions:

1	Object of Licence

1) The Agreement refers to the present computer program in the
released, full version including the licence file necessary for
its release ("Software") together with the program description,
user manual and other accompanying literature ("Documentation").

2) The main program is transferred to the Licensee by order via
sealed data carriers or by downloading from the Licensor's website.
Until a licence file is purchased, the main program can only
be used as a limited test version. In order to use all functions,
the Licensee must purchase a Licence file from the Licensor or
an authorised dealer. The Licence file is transferred to the
Licensee by sending a sealed data carrier or, at the Licensee's
request and in some cases at the Licensor's option, by email.
If the main program or Licence file is downloaded by the Licensee,
the transfer is deemed to have taken place on completion of the
download. The main program is accompanied by the Documentation;
this is supplied by the Licensor irrespective of the mode of
software transfer, either as a printed version or as a file in
a universal format (e.g. hlp, txt or pdf). If the Licensee obtains
the Software by downloading it from the Licensor's server by
modem or internet, he also obtains the Documentation in the same
way.

3) The Software detailed in the Documentation conforms to the
latest technological standard. The Licensee is reminded that
it is not possible according to current technological standards
to produce software which is guaranteed to operate error-free
with all applications and in all combinations (especially with
third-party software).

4) The Software must not be used in hazardous environments requiring
continuous fail-safe performance (high risk activities such as
the operation of nuclear facilities, weapons systems, aircraft
navigation or communication systems and life-support machines).

2	Scope of use 

The Licensor grants the Licensee a non-exclusive, non-transferable
right to use one copy of the Software subject to the terms and
conditions of this agreement - particularly with regard to the
type and quantity of computers - ("Licence"). The scope of the
Licence is detailed in the file LIC-INFO.TXT supplied with the
Licence file. 

3	Reproduction rights and distribution of Software

1) The Licensee may copy the Software to the extent necessary
for its use. This includes installing the Software from the original
data carrier or downloaded installation archive in the mass memory
of the hardware according to  2 and loading the Software into
the working memory in order to use it.

2) In addition, the Licensee may make a copy of the Software for
backup purposes. Only one backup copy of the original data carrier
or downloaded installation archive may be produced and/or stored.
This backup must be identified as a copy of the purchased Software.

3) Where regular backups of the entire data stocks including the
relevant programs are part of an indispensable routine for reasons
of data security or ensuring a rapid reactivation of the computer
system following a crash, the Licensee may make the number of
backup copies absolutely necessary. The relevant data carriers
must be identified accordingly. The backup copies must be used
exclusively for archiving purposes.

4) The Licensee is obliged to take suitable precautions to prevent
unauthorised third-party access to the Software and Documentation.
The term "third party" also applies to subsidiaries of the Licensee.
The original data carriers and backup copies must be stored in
a place where they are protected from third-party access. The
staff of the Licensee must be explicitly instructed to observe
the present contractual terms and copyright provisions.

5) The Licensee is not permitted,
a.subject to the exceptions explicitly granted in this Agreement,
to make any other copies whether partial or whole of the Software
or Documentation on the same or other carriers; this also applies
to the printing out of the program code;

b.to transfer the Software from one computer via a network or
other data transmission channel to another computer or receiving
device unless the computer or other device at the receiving end
is owned by the Licensee and covered by the terms of this Agreement;

c.without the written permission of the Licensor to modify, translate,
reverse-engineer, decompile or disassemble the Software or create
derivative works therefrom or, unless essential under the contractual
terms of use, to copy, translate or modify the Documentation
or create derivative works therefrom;

d.to remove copyright notices, serial numbers or other program
identification features unless prior written permission has been
granted by the Licensor;

e.to pass on the Software to a third party or make it accessible
to a third party in any other form. This also applies to copies
of the Software. The term "third party" includes all subsidiaries
of the Licensee; distribution of the Software within the group
of companies for exclusive use at the new location is permissible
subject to the written consent of the Licensor which may only
be refused for a good reason. In this case, compliance must be
ensured with  2 and  3 "Scope of use" and the other items agreed
in the present Contract and any subsidiary agreements. After
passing on the Software, the Licensee must delete it and any
backup copies fully and immediately from the previous location
within the group of companies; 

f.to transfer the Software or Documentation or parts thereof to
a third party by way of a temporary hire or leasing arrangement.


4	Other rights relating to the Software

In implementing the present agreement, the Licensee acquires full
rights only to the physical data carriers containing the Software
and Documentation. Rights of exploitation and use of the Software
and Documentation are only acquired to the extent explicitly
stated in the present Agreement. The Licensor retains in particular
all rights of publication, reproduction, editing, translation
and other forms of exploitation in respect of the Software.

5	Term of agreement and termination

1) The Licensor is authorised to use the Software and Documentation
for an unlimited period.

2) This shall not affect the right of both parties to give premature
notice of termination for a good reason. In particular, the Licensor
has the right of termination without notice in the event of a
major breach of contractual obligations by the Licensee. 

3) After notice of termination, the Licensee is obliged to delete
the Software completely, particularly the original data carrier,
any backup copies and the Software files installed on his computer
system, and to return the Documentation. The Licensor is entitled
to demand from the Licensee a solemn declaration that this deletion
has taken place.

6	Warranty and cooperation of the Licensee

1)	Warranty claims based on defects in the Software or Documentation
may only be asserted by the Licensee against the supplier of
the Software, i.e. especially the dealer. 

2)	If the Licensor is himself the supplier - i.e. where the Software
is purchased directly from him - he shall guarantee, unless otherwise
agreed on an individual basis, the possibility of use in accordance
with the Documentation. The legal warranty period begins with
the transfer of the Software according to  1 Section 2. If the
Licensee is not a consumer within the meaning of the German Civil
Code, the following shall apply in addition: the warranty period
shall be 12 months; in the event of deviations from the Documentation
which constitute a major hindrance to the agreed use, the Licensor
shall be obliged to offer replacement or repair at its option.
If the Licensor fails within a reasonable period to eliminate
the deviations by replacement or repair or to circumvent them
in such a way as to allow the Licensee to use the Software as
specified in the Contract, or if the replacement or repair is
deemed to have failed for any other reason, the Licensee can
at its option demand a reduction of the purchase price (redhibition)
or terminate the Licence for the program without notice in return
for reimbursement of the paid remuneration.

3) When transcribing, delimiting, identifying and reporting errors,
the Licensee shall be as precise as possible regarding error
messages and queries and use competent staff for this purpose.
If necessary, checklists from the dealer or Licensor should be
used.

7 Liability and third-party property rights 

1) The Licensor shall be liable for any damage for which he is
responsible up to an amount five times the remuneration paid
for the Software or Licence file. The basis for calculation shall
be the remuneration amount excluding VAT at the time of purchase.

2) The Licensor shall not be liable for lack of financial gain,
indirect and consequential damages and damages arising from third-party
claims, with the exception of claims based on the violation of
third-party property rights. 

3) The Licensor shall only be liable for negligence if an obligation
is violated whose observance is of particular importance for
the achievement of the contractual purpose (cardinal obligation).

4) The Licensor shall only be liable for the restitution of data
and other damages caused by data loss within the limits of a
typical case of restitution and only once the Licensee has ensured
that these data are reproducible by proper, reasonable efforts
from data stocks available in machine-readable form, i.e. the
Licensee having made regular backups commensurate with the relevant
risks. 

5) The liability limitations specified in Sections 1-4 shall not
apply to damage based on intent or gross negligence on the part
of the Licensor, his legal representatives, senior employees
or vicarious agents, or to damages arising from death, injury
or harm to health.

6) Should the Licensee fail to comply with any of the restrictions
on use specified in the present Agreement, particularly  1 Section
4, the Licensor shall not be liable for any damage arising as
a result of this non-compliance.

7) This shall not affect liability under the product liability
act.

8) Should a third party assert claims regarding the contractual
use of the applicable, unaltered original version of the Software
or Documentation arising from a breach of industrial property
rights or copyrights within the Federal Republic of Germany,
the Licensor shall defend the Licensee against all claims. The
Licensor shall assume any costs and damages imposed on the Licensee
by the courts provided the Licensee has notified the Licensor
of the assertion of such claims without delay and all defensive
measures and settlement negotiations are reserved by the Licensor.

9) If claims according to Section 8 or other claims due to the
breach of third-party property rights have been asserted or are
expected to be asserted, the Licensor is entitled at its option
to modify the Software or Documentation or exchange all or part
of it within limits acceptable to the Licensee. 

10) If Sections 8 and 9 obtain and it should prove impossible
to modify the Software or secure of a right of use by reasonable
efforts, either party may terminate the Licence for the relevant
Software without notice. 

8	Update service

After purchasing the Licence file, the Licensee is entitled to
free use of the Licensor's Fast Update Service FUSE. The term
and scope of this right of use shall depend on the type of licence
purchased and can be ascertained from the Licensor's website
prior to ordering. Subscription to the update service after expiry
of the first period of use is subject to a further fee. If the
Software is purchased direct from the Licensor, the amount of
this fee will depend on the Licensor's price list applicable
at the beginning of the new period of use, which can be viewed
on the Licensor's website.

9	Remuneration of Licensor

1) If the conclusion and implementation of the present Agreement
takes place directly with the Licensor without the mediation
of a dealer,
 
a)the Licensor shall receive from the Licensee a one-off Licence
fee on purchasing the Licence file necessary for the release
of the Software; this also covers the purchase of an update entitlement
for the first period of use. The amount of the Licence fee is
based on the Licensor's price list applicable at the time or
ordering (available on website) or other relevant agreement.


b)The Licence fee according to a) shall be due immediately on
the transfer of the Licence file according to  1 Section 2 to
the Licensee. The Licensee shall receive an invoice for the payable
amount together with the Licence file.

2) If the Software is purchased via the mediation of a dealer,
the Licence fee and any purchased update entitlement for the
period of use shall be covered by the purchase price. 

10	Miscellaneous

1)	Amendments and additions to this Agreement including this clause
must be made in writing. No oral subagreements have been concluded.
Standard terms and conditions of the Licensee are not part of
this Agreement and do not apply to this contractual relationship.

2)	Should any provision of this Agreement be or become invalid
or unfeasible without essentially preventing the achievement
of the contractual purpose, this shall not affect the legal validity
of the remaining provisions. In this case, the parties shall
replace the invalid or unfeasible provision with an acceptable
provision with the same economic intent.

3)	This Agreement is governed by the laws of the Federal Republic
of Germany. The place of jurisdiction for dealer Licensees is
the seat of the Licensor.

4)	Deliveries to EC countries can only be invoiced without VAT
provided the Licensee has quoted its UST/VAT-ID number.
