NeptuneLabs Software
END-USER LICENSE AGREEMENT

between

NeptuneLabs GmbH
Lagesche Str. 32
D-32657 Lemgo
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 hosting the domain, computer or IP 
address you purchased the software license for. You may only use the 
software if it is properly licensed. Unlicensed use is expressly 
forbidden except for evaluation purposes according to section 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 NeptuneLabs 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 NeptuneLabs software without a valid license for evaluation 
purposes only. Without a valid license key NeptuneLabs software runs in 
evaluation mode and may have 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. UPDATE AND CROSS-UPDATE LICENSES
Upon setting up an update or cross-update license you are obliged and 
agree to uninstalling any previous version of the software that entitled 
you for the update or cross-update within a period of 3 months after 
registering the update license.


VI. HOSTING SERVICES AND ASP LICENSES
This section VI applies to FSI Server and FSI Viewer software only.

"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 (Application Service Provider) solutions. 

(a) Non-ASP Editions (Basic, Standard, Enterprise Edition licenses)
By accepting this license agreement you acknowledge that offering 
Hosting Services using NeptuneLabs software (including image hosting 
services, publishing services or any other kind of service that covers 
publishing third party assets with NeptuneLabs 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 licenses entitle you to use 
the software to setup and provide hosting services with NeptuneLabs 
software for the number of images and end customers as indicated in the 
description of your ASP edition software license. 


VII. Third party software notices
NeptuneLabs software 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 additional terms and 
conditions which can be reviewed in the thirdparty.txt file of the 
software setup and are made part of and incorporated by reference into 
this agreement. 


VIII. 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 
SOFTWARE. NEPTUNELABS IS NOT LIABLE FOR THE SOFTWARE BEING FREE OF 
RIGHTS OF THIRD PARTIES. NEPTUNELABS WARRANTS TO YOU THAT THE SOFTWARE 
WILL PERFORM AS DESCRIBED IN THE SOFTWARE 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. 


IX. 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. 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. 


X. 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. 


XI. 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 GmbH, 2013
