END-USER LICENSE AGREEMENT FOR THIS SOFTWARE TUBE 2 for VBB Berlin Suburban Rail YOU MUST READ THESE TERMS AND CONDITIONS BEFORE INSTALLING AND USING THIS SOFTWARE. THIS IS AN AGREEMENT BETWEEN YOU AND VISUAL IT. BY INSTALLING OR USING THIS SOFTWARE YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS SOFTWARE. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND, BY INSTALLING OR USING THE SOFTWARE PROGRAM CONTAINED ON THIS COMPACT DISK, FLOPPY DISK, OR DOWNLOADED FILE INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN. TERMS AND CONDITIONS 1. Grant of License. VISUAL IT grant to you the non-exclusive right and license to install and use solely for your own internal purposes one copy of the object code form of this software program and all related user documentation (the "Software"). The license granted under this Paragraph 1(b) will terminate as set forth in Paragraphs 3 and 4. Upon such termination, you agree to destroy the Software and all copies. You may not use the Software on any network or simultaneously on more than one single-user CPU. All rights not expressly granted to you by this Agreement are reserved by VISUAL IT. This license is effective until terminated. You may terminate it at any time by destroying the Software together with all copies. 2. Copyright. VISUAL IT retains all title, interest and proprietary rights in and to the Software. You may not copy all or any part of the Software except: (i) to make one copy of the Software solely for backup and archival purposes; or (ii) to transfer the Software to a single hard disk. You shall not remove any copyright or other proprietary notice from the Software and you must reproduce all copyright and other proprietary rights notices on any copy you make. 3. Other Restrictions. You shall not: (i) modify, translate, reverse engineer, de-compile, or disassemble the Software; (ii) directly or indirectly export or re-export the Software; (ii) disclose the Software to any third party; or (iv) except as otherwise provided herein, assign, sell, lease, rent, sub-license, distribute, or otherwise transfer or attempt to transfer the Software. You agree to use reasonable efforts to keep the Software confidential. If you have a license to the Software under Paragraph 1(b) above, you may transfer the Software solely on a permanent basis as long as you retain no copies of the Software and the recipient agrees, in writing, to the terms of this Agreement. Any transfer of the Software must include all updates and prior versions. IF YOU FAIL TO COMPLY WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR LICENSE SHALL AUTOMATICALLY TERMINATE. SUCH TERMINATION SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, ANY CRIMINAL, CIVIL OR OTHER REMEDIES AVAILABLE TO VISUAL IT. 4. Infringement. If any of the Software is found to, or if VISUAL IT believes it may be found to infringe a patent, trademark, or copy right or misappropriate a trade secret, VISUAL IT, at their sole option, may: (a) obtain a license to use such Software; (b) provide a substitute having comparable or better functionality or performance characteristics; or (c) terminate this Agreement and your license to such Software. 5. Assignment by VISUAL IT. This agreement and the rights and obligations of VISUAL IT hereunder may be assigned by VISUAL IT at any time without notice to you. 6. Limited Warranty. VISUAL IT does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. 7. No Other Warranties. EXCEPT AS PROVIDED HEREIN, THE SOFTWARE IS PROVIDED "AS IS" AND VISUAL IT EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY CONCERNING THE SOFTWARE OR THE APPLICATION, OPERATION OR USE THEREOF, OR THE DATA GENERATED BY THE OPERATION OR USE THEREOF, INCLUDING, ANY IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR OF MERCHANTABLE QUALITY, NON-INFRINGEMENT OR OF FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE, CONCERNING THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS AND THE APPLICATION, OPERATION, OR USE THEREOF. 8. Customer Remedies. VISUAL IT's entire liability and your exclusive remedy for any breach of this Agreement by VISUAL IT shall be replacement of defective media or, if VISUAL IT is unable to replace such media, return of the license fee paid in respect of the Software. 9. NO LIABILITY FOR DAMAGES. You assume the entire risk as to the quality and performance of the Software. IN NO EVENT SHALL VISUAL IT HAVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES IN THE FORM OF CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS, LOST DATA, LOSS OF GOODWILL OR OTHERWISE, OR FOR EXEMPLARY DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF VISUAL IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VISUAL IT'S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS RECEIVED BY VISUAL IT FROM YOU FOR SOFTWARE LICENSED HEREUNDER. 10. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of England. 11. Entire Agreement. This Agreement is the entire agreement between you and VISUAL IT regarding the Software, and it supersedes any information you received relating to the Software or the subject matter of this Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND, BY INSTALLING OR USING THE SOFTWARE PROGRAM CONTAINED ON THIS COMPACT DISK, FLOPPY DISK, OR DOWNLOADED FILE INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN. Visual IT Mobile Solutions www.visualit.co.uk support@visualit.co.uk