THE PURPOSE OF THE ENGLISH TEXT IS A SERVICE, TO MAKE THE
LIABILITY CLAUSE UNDERSTANDABLE. HOWEVER, THE GERMAN TEXT
REMAINS RELEVANT AND LEGALLY VALID ONLY.

General License Conditions

1. Program Information / Copyright:

SEP AG is a registered trademark.

This program is protected by the copyright and commercial
laws of the country in which it is published, duplicated or
used.

The SEP AG, Ziegelstrasse 1, 83629 Weyarn, Germany, in the
following called Licensor, holds all rights to the program
'SEP sesam und SEP live recovery' and grants the right to
its use under the sole condition that the user acknowledges
and complies with the license conditions set out hereunder.
With this acknowledgement, the present License Agreement
between the end-user, the Licensee, and the Licensor, comes
into force.


2. Installation:

The Licensor explicitly advises you to back up your data
before you install any new software on your system in order
to avoid any potential loss of data. This precaution also
applies when installing 'SEP sesam und SEP live recovery'.

Furthermore, we advise you to make backup copies at regular
intervals.


3. Warranty/Liability:

No warranty is given by the Licensor for the error-free
function of the program.

The Licensor guarantees that the data carrier on which the
software is recorded is perfectly readable at the time it is
supplied, provided that said data carrier is employed under
standard operating conditions and on a normally maintained
data processing system.

The Purchaser has the right to test the software in his own
system environment for 30 days. The Licensor accepts no
responsibility for the absence of faults from the software,
especially for the software satisfying the requirements and
purposes of the purchaser, or for its working with other
programs selected by the purchaser.

In case of other negligence the Licensor is only liable as
the obligation is delayed, their obligation became
impossible to fulfil or in case they violated an obligation,
which is essential for fulfilling the main duties of the
contract. Only in such cases the Licensor is liable for
caused harm to persons to a maximum of 3 million Euros. For
damage of things or property as a whole the liability is
limited to a maximum of 1 million Euro.

If the Licensor is in delay during the entrance of
impossibility, then is is responsible for occurred damage
without limitation;  not however for the case, in that the
damage also would have occurred with punctual performance.

Any liability is waived in all other cases. 


4. Scope of use:

The Licensor owns full copyright to the software and retains
all rights to publication, duplication, processing and
evaluation of the software. No copyright or other details
such as registration numbers and references to the Licensor
contained in the software may be removed. Integration into
other software, completely or in parts, of any kind
whatsoever is strictly forbidden.


a. Deviating conditions for the shareware-version
(Shareware: Software which may be tested before purchase
without costs):

You will be able to detect the shareware-version of 'SEP
sesam and SEP live recovery' by looking up the license Info
in the SEP GUI under Help/license info. If it is a shareware
version it will be edition: demo. The validity of the
license is shown under timeout or expire date (YYYY-MM-DD).
In addition to that the shareware-version is not
personalized.

If you have problems or you are unable to detect the
classification of your version of 'SEP sesam und SEP live
recovery', then in the doubt a liable to pay-version of SEP
sesam and SEP live recovery is present. In this case the
deviating conditions under 4. c. of this license have
validity.

The program is distributed 'AS IS' and may be used freely in
the current version within the following limitations:

The program 'SEP sesam and SEP live recovery' may not be
duplicated, published and distributed.

The free use of the program is restricted to 30 days after
which the user must either cease using it or purchase a
licensed copy of 'SEP sesam and SEP live recovery'. For
further information, please refer to our website
http://www.sep.de.

The distribution, redistribution, or duplication of the
programmes 'SEP sesam und SEP live recovery' against payment
is expressly forbidden.


b. Deviating conditions for the SEP Community Edition:

You will be able to detect the SEP Community edition of 'SEP
sesam' by looking up the license Info in the SEP GUI under
Help/license info. If it is a community version it will be
edition: community. The validity of the license is
temporally unlimited but functionally limited to one server
which backups itself in the non commercial application. In
addition to that the community-version personalized.

If you have problems or you are unable to detect the
classification of your version of 'SEP Community Edition',
then in the doubt a liable to pay-version of SEP sesam is
present. In this case the deviating conditions under 4. c.
of this license have validity.

The program is distributed 'AS IS' and may be used freely in
the current version within the following limitations:

The program 'SEP sesam and SEP live recovery' may be
duplicated, published and distributed in unmodified form, as
provided by the Licensor, as long as no fees are charged for
its use, distribution, publication, redistribution and/or
duplication.

The licensor hereby states that 'SEP Community Edition', in
the latest version, may also be distributed, redistributed
and duplicated free of charge for CD-ROMs for magazines,
journals and/or periodicals, and by suppliers of Linux
derivates.

The distribution, redistribution, or duplication of the
program 'SEP Community Edition' against payment is expressly
forbidden.


c. Deviating conditions for the liable tp pay-version (SEP
sesam und SEP live recovery):

You can detect the pay ware-version of 'SEP sesam und SEP
live recovery' by looking up the license Info in the SEP GUI
under Help/license info. If it is a shareware version it
will be edition: demo. If it is a liable to pay version the
license info will show the same server name as the license
name and additionally the same IP-address as the license
IP-address.

The Licensor grants the Licensee for the duration of this
Agreement a simple, non-exclusive and personal right to use
the program packages 'SEP sesam and SEP live recovery' on a
according to license rights displayed under license info.
Any use beyond this is not permitted.

The Licensee is expressly forbidden,

a) to pass on the software package or individual parts
   of the program to third parties or to make these available
   to third parties in any form whatsoever, in particular in
   the form of lease or rental, 
b) to transfer the software via a network or a data 
   transmission channel from one computer
   to another computer, 
c) to modify, translate, reverse
   engineer, de-compile or disassemble the software, 
d) to produce derivative works.

In those cases where the program package is not acquired via
data transmission, the Licensee acquires ownership only of
the physical data carrier. In both instances, no rights are
granted beyond those listed in this License Agreement.

The production of a (single) copy is permitted for backup
purposes only.


5. Duration of the Agreement:

This Agreement is open-ended. Any infringement of the
license conditions on the part of the Licensee results in
the immediate annulment of the rights of use, without the
Licensor having to terminate the Agreement.


6. Damages in the Event of Infringement:

The Licensee accepts responsibility for any property damage
that the Licensor suffers as a result of infringement of
copyright or infringement of these contractual conditions.


7. Modifications and Updates:

The Licensor is entitled to update the software at its own
discretion. It is not obliged to make any such updates
available to the Licensee.


8. Third party rights:

The 'SEP sesam und SEP live recovery' documentation and
files make reference to a number of third-party products
that are subject to copyright, trademarks and other rights.
With the application of the 'SEP sesam und SEP live
recovery' program, the user acknowledges all these rights.


9. Miscellaneous:

USE OF THESE PROGRAMMES FOR MILITARY PURPOSES OR FOR
PURPOSES THAT SUPPORT NUCLEAR ENERGY A WRITTEN PERMISSION OF
THE LICENSOR IS NEEDED.

'SEP sesam und SEP live recovery' must not be used for the
development of competitive products.

Use of programmes constitutes the acceptance of these
licensing terms in their entirety in particular the
restriction of the Licensor and all its associates from
liability as set out in the above regulations.

Where the Licensee is a merchant, it is agreed that the
court of jurisdiction is Munich, Germany.

If any provision of this agreement shall be held to be
illegal, invalid or unenforceable, the remaining provisions
shall remain in full force and effect. The relevant
provision shall then be replaced by a valid arrangement
which comes as close possible to the relevant provision. For
all not in this contract mentioned business transactions
right the legal regulation of Germany.

THE PURPOSE OF THE ENGLISH TEXT IS A SERVICE, TO
MAKE THE LIABILITY CLAUSE UNDERSTANDABLE. HOWEVER, THE
GERMAN TEXT REMAINS RELEVANT AND LEGALLY VALID ONLY

$Id: SEPsesam_licence_en.txt,v 1.4 2005/09/13 06:45:46 sesam Exp $
