FSI Server
END-USER LICENSE AGREEMENT

between

NeptuneLabs GmbH
Detmolder Str. 210a
D-32791 Lage 
Germany

hereinafter referred to as "NeptuneLabs"

and the "end user".

THESE LICENSE TERMS ARE AN AGREEMENT BETWEEN NEPTUNELABS AND YOU. 
PLEASE READ THEM CAREFULLY. THEY APPLY TO THE SOFTWARE NAMED ABOVE AS WELL 
AS TO ANY UPDATES, SUPPLEMENTS, CUSTOMIZATIONS AND SUPPORT SERVICES FOR THIS 
SOFTWARE, UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS. IF SO, THOSE TERMS APPLY. 
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, 
DO NOT USE THE SOFTWARE AND PROMPTLY RETURN THE SOFTWARE AS WELL AS ANY 
ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER 
CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND.


I. GRANT OF LICENSE
This NeptuneLabs license agreement (license) permits you to use one copy of the 
software acquired with this license on one (1) computer or one (1) virtual/simulated 
computer. You may only use the Software if it is properly licensed. Unlicensed 
use is expressly forbidden except for evaluation purposes according to paragraph III.

II. COPYRIGHT
The software is licensed, not sold, to you. The software has entirely been 
developed and is owned by NeptuneLabs. This software is protected by copyright 
laws, international treaty provisions, and other national laws. Therefore, you 
must treat the software like any other copyrighted material (e.g. a book) except 
that you are entitled to either:

(a) make one copy of the software solely for backup or archival purposes,

(b) or transfer the software to a single hard disk provided you keep the 
original solely for backup or archival purposes.

Product manual(s) or other written materials accompanying the software - in 
whole or part - are subject to copyright as well and may not be copied without 
prior written consent from NeptuneLabs.

Sample images that ship with FSI Server software are not licensed to you and 
remain property of their respective copyright owners. Please refer to the 
IPTC data (image => properties) of the images for information on the copyright.

III. EVALUATION MODE
You may use FSI Server without a valid license for evaluation purposes only. 
Without a valid license key FSI Server runs in evaluation mode and has a  
limited functionality.

IV. OTHER RESTRICTIONS
You may not rent or lease the software, but you may transfer your rights under 
this license agreement on a permanent basis provided you transfer all copies of 
the software and all written materials, and the recipient agrees to the terms of 
this agreement. You may not reverse engineer, decompile or disassemble the 
software. Any transfer must include the most recent update and all prior 
versions.

V. HOSTING SERVICES AND ASP LICENSES
„Hosting Services“ means using the software or a part of the software to offer 
services to third parties. This includes but is not limited to publishing 
digital assets owned by third parties, like running hosting services or other 
ASP solutions. 

a) Non-ASP Editions (Basic, Standard, Enterprise Edition licenses)
By accepting this license agreement you acknowledge that offering Hosting Services 
using FSI Server (including image hosting services, publishing services or any 
other kind of service that covers publishing third party assets with FSI Server 
software) is strictly forbidden.

b) ASP Edition licenses
The restriction described in a) does not apply if you obtained an ASP 
(Application Service Provider) license. ASP licences entitle you to use the 
software to setup and provide hosting services with FSI Server software for the 
number of images and end customers as indicated in the description of your 
FSI Server ASP edition license.

VI. Third party software notices
FSI Server may contain third party software or certain components bundled with
the software are provided by third parties. Such third party software and
components are subject to the additional terms and conditions located at
thirdparty.txt and are made part of and incorporated by reference into this
agreement.

VII. WARRANTIES
NEPTUNELABS MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS LICENSE, 
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS 
FOR A PARTICULAR PURPOSE. NEPTUNELABS IS NOT AWARE OF ANY RIGHTS OF THIRD 
PARTIES WHICH WOULD OPPOSE THE REGULAR USE OF NEPTUNELABS FSI SERVER. 
NEPTUNELABS IS NOT LIABLE FOR FSI SERVER BEING FREE OF RIGHTS OF THIRD PARTIES. 
NEPTUNELABS WARRANTS TO YOU THAT THE SOFTWARE WILL PERFORM AS DESCRIBED IN THE 
FSI SERVER USER MANUAL FOR A PERIOD OF 12 MONTH BEGINNING FROM THE DAY OF 
PURCHASE. IN CASE THE SOFTWARE DOES NOT PERFORM AS WARRANTED ABOVE THE LIABILITY 
OF NEPTUNELABS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED, AT NEPTUNELABS 
OPTION, TO EITHER THE REPLACEMENT OF THE SOFTWARE OR THE REFUND OF THE LICENSE 
FEE PAID TO NEPTUNELABS FOR THE SOFTWARE WHEREUPON THE LICENSE TO SUCH SOFTWARE 
SHALL AUTOMATICALLY TERMINATE.

VIII. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL NEPTUNELABS OR ITS SUPPLIERS BE LIABLE FOR ANY OTHER DAMAGES 
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, 
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) 
ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF NEPTUNELABS 
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS 
AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR 
JURISDICTION. DEPENDING UPON WHERE YOU ARE LOCATED, YOU MAY HAVE OTHER MANDATORY 
RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. NEPTUNELABS AGGREGATE 
LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH 
THIS AGREEMENT SHALL 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.

IX. APPLICABLE LAW AND VENUE
Any disputes and claims arising from this agreement which involve NeptuneLabs 
shall be settled in accordance with German law and legal action shall be brought 
before the venue of NeptuneLabs, which is Amtsgericht Detmold in Detmold, 
Germany.

X. SEVERABILITY
If an arbitrator or a court of competent jurisdiction 
determines that any term or provision hereof is invalid or unenforceable, (a) 
the remaining terms and provisions hereof shall be unimpaired and (b) such 
arbitrator or court shall have the authority to replace such invalid or 
unenforceable term or provision with a term or provision that is valid and 
enforceable and that comes closest to expressing the intention of the invalid or 
unenforceable term or provision.

--- NeptuneLabs, 2009
