SiteKiosk 8.7

EULA - End User License Agreement

SITEKIOSK (TM)
Software License Agreement as of 08/2012
Copyright (c) 1996-2013
PROVISIO - All Rights Reserved

END USER LICENSE AGREEMENT (EULA)
This license agreement is a valid contract between you (individual or legal
entity) and PROVISIO GmbH (collectively PROVISIO), Germany,
for SiteKiosk and other components owned by PROVISIO.

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ('EULA')
IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN
INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR
AN ENTITY, AN ENTITY) AND PROVISIO GmbH, GERMANY
FOR SITEKIOSK SOFTWARE AND OTHER COMPONENTS OWNED
BY PROVISIO GmbH.
IT WILL BE DISPLAYED ANY TIME PRIOR TO THE INSTALLATION OF THE
SOFTWARE. IT MUST BE ACCEPTED BY CLICKING ON THE CORRESPONDING
BUTTON IN ORDER TO OBTAIN THE LICENSE FOR THE INSTALLATION OF THE
SOFTWARE. READ IT CAREFULLY BEFORE COMPLETING THE
INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A
LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY
INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE
ACCEPTANCE BUTTON AND USING THE SOFTWARE, YOU ARE CONFIRMING
YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE.

ONLY if the software product is an original and has been delivered with an
original 'Certificate of Authenticity' as part of the purchased software
product will this license agreement be valid and grant the license rights
subject to this agreement. Installing, registering, copying, downloading or
otherwise using SiteKiosk Software indicates your irrevocable
acceptance of this licensing agreement and of our Copyright terms.
In case you do not agree to the terms of this license agreement, PROVISIO
will not license the software product to you. In this case, you will
not be allowed to use or copy the software product. In addition, you will
be obliged to contact PROVISIO immediately in order to receive
information on how to return the software product and all other purchased
items for a refund of the purchase price under the terms of PROVISIO.

1. DEFINITIONS

(a) 'PROVISIO' means PROVISIO GmbH and its licensors, if any.

(b) 'Software' means the SITEKIOSK software program and any
third party software programs contained therein, if any, in each case supplied by
PROVISIO herewith, and corresponding documentation, associated
media, printed materials, and online or electronic documentation, and all updates
or upgrades of the above that are provided to you.

(c) 'Software Trial Application' means a version of the Software, so identified,
to be used only to review, demonstrate and evaluate the Software for a limited
time period. The Software may have limited features and will cease operating
after a predetermined time period due to an internal mechanism within the
Software.

2. LICENSE GRANTS

(a) One license shall allow you to install and run the software product on
one computer only. A license for the Software may not be shared, installed
or used concurrently on different computers. Running several instances of
the software at the same time requires one license per instance.
This shall apply in particular to terminal services.
The simultaneous access to one licensed software product is not
allowed.

(b) Your license rights under this EULA are non-exclusive.

3. LICENSE RESTRICTIONS

(a) You may not make or distribute copies of the Software, or electronically
transfer the Software from one computer to another or over a network.

(b) You and third parties may not alter, merge, modify, adapt or translate the
Software, or decompile, reverse engineer, disassemble, or otherwise reduce
the Software. You may not use the software as the basis for your own work.

(c) You may not sell, rent, lease, or sublicense the Software.

(d) You may not export the Software into any country prohibited by the United
States Export Administration Act, the regulations thereunder or by other laws.

(e) In the event that you fail to comply with this EULA, PROVISIO
may terminate the license and you must destroy all copies of the
Software (with all other rights of both parties and all other provisions of this
EULA surviving any such termination).

(f) Unless otherwise provided herein, you shall not (A) in the aggregate, install
or use more than one copy of the Software, or (B) use the Software Trial
Application for a purpose other than the sole purpose of determining whether
to purchase a license to a commercial version of the Software.

4. OWNERSHIP

The foregoing license gives you limited license to use the Software.
PROVISIO and its suppliers and partners retain all right, title and
interest, including all copyright and intellectual property rights, in and to, the
Software and all copies thereof. All rights not specifically granted in this EULA,
including Federal and International Copyrights, are reserved by
PROVISIO, its suppliers and its partners. Source codes are not subject matter
of this agreement and are neither part of the scope of software supply nor of any
installations. The software product is licensed and not sold!

5. WARRANTY DISCLAIMER

(a) PROVISIO AND ITS SUPPLIERS AND PARTNERS
DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND
TITLE OR QUIET ENJOYMENT. PROVISIO DOES NOT
WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES
REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED
ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS
NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING
WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION,
MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR
TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS.
PROVISIO SPECIFICALLY DISCLAIMS ANY EXPRESS
OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

(b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH
RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE
LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF
DELIVERY.

(c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
PROVISIO, ITS DEALERS, DISTRIBUTORS, AGENTS OR
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

(d) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT
VARY FROM STATE TO STATE.

(e) PROVISIO shall have no responsibility if the Software has been
altered in any way, or for any failure that arises out of use of the
Software with other than a recommended hardware or software
configuration, platform or operating system. PROVISIO does not guarantee
that the software product or any other product meets the customer requirements
and purposes.

6. LIMITATION OF LIABILITY

(a) NEITHER PROVISIO NOR ITS SUPPLIERS AND
PARTNERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS
DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY
OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF PROVISIO OR
ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) PROVISIO'S TOTAL LIABILITY TO YOU FOR
ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE
LIMITED TO $50.

(c) SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE.

(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED
TO APPLY TO ALL ASPECTS OF THIS EULA.

7. BASIS OF BARGAINS

The Warranty Disclaimer and Limited Liability set forth above are fundamental
elements of the basis of the agreement between PROVISIO and
you. PROVISIO would not be able to provide the Software on an
economic basis without such limitations. Such Warranty Disclaimer and Limited
Liability inure to the benefit of PROVISIO's licensors.

8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND

This Software and the documentation are provided with 'RESTRICTED RIGHTS'
applicable to private and public licenses alike. Without limiting the foregoing,
use, duplication, or disclosure by the US Government is subject to restrictions as
set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3
(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995),
FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer:
PROVISIO GmbH
Wilhelm-Schickard-Str. 1
DE 48149 Muenster.

9. (Outside of the USA) CONSUMER END USERS ONLY

The limitations or exclusions of warranties and liability contained in this EULA
do not affect or prejudice the statutory rights of a consumer, i.e., a person
acquiring goods otherwise than in the course of a business.

The limitations or exclusions of warranties, remedies or liability contained in
this EULA shall apply to you only to the extent such limitations or exclusions are
permitted under the laws of the jurisdiction where you are located.

10. THIRD PARTY SOFTWARE

The software is based on Microsoft's Internet Explorer of Microsoft (USA)
for which PROVISIO does not possess any copyrights.
This browser control (web browser) may be used for free as of
the current Microsoft Corp. licensing regulations.
PROVISIO cannot guarantee that the web browser control of future
Microsoft Internet Explorer versions may and can be used. Due to this
reason, we can only guarantee that the software will run with the current
version of the Microsoft Internet Explorer Version at the time of license purchase.
Any rights or claims to adjust the software to future versions of the Microsoft
Internet Explorer do not exist. PROVISIO is not able to fix bugs which are
related to the Microsoft Internet Explorer.

The Internet Explorer uses the .gif (Compuserve Graphic Interchange)
graphics format for displaying graphics. All rights for this graphic
format as well as the LZW-algorithm on which it is based are owned by the
company Unisys. Any licensing demands by the companies Microsoft and Unisys
are responsibility of the licensee. PROVISIO does not assume any
liability in this regard.

The software also uses Ulrich von Zadow's 'paintlib' library
and Eric Young's SSL library which can explicitly be used free of charge
as long as the software mentions their names, with which the PROVISIO has
complied hereby. The software also uses several .wav files (sound files) for
which the copy rights are not secured. You should not use these
files and replace these files with his or her own files.

11. INTERNET CONTENT FILTER SITECOACH (optional Plug-In)

You may also use the internet content filter SiteCoach in order to block
harmful content. You should be aware that this program can only work
on the basis of mathematical rules and can therefore not verify whether
a website really contains harmful content or not.
PROVISIO does not assume liability in case the browser in
combination with SiteCoach still displays content
- which is unlawful or
- which you, any other person or the general opinion considers
to be harmful (e.g. obscene or scandalous content)
PROVISIO does also not assume liability in case
- blocked web sites are not harmful in your opinion, any
other person or the general opinion
- blocked web sites are not unlawful
As of now, PROVISIO updates the filter list for SiteCoach free of
charge. PROVISIO does not guarantee that this service will continue
to be free of charge in the future and reserves the right to charge a
fee if the customer still wishes to receive filter list updates.
PROVISIO does not guarantee and is not liable that the filter
list comprises a certain content.

12. LICENSING

The software can be tested as software trial application.
The trial status can be changed to a 'full version' by entering a license key.
After a license key has been entered, the trial notifications will disappear.
The following information will be sent to PROVISIO's main server if a license
key has been entered and if an Internet connection is available:
-Licensees registering name
-Licensees registering code
-Number of registered licenses and [Plug-Ins]
-Companys name
-IP-Address, email address, MAC-address and name of the computer
-Windows name and version
-Internet Explorer version
-CPU Information
This information will not be passed on to third parties.

PROVISIO reserves the right to use this information to detect license violations
and license infringement cases and to unregister misused licenses.
You agree that your company and personal data will be saved and
processed in the database of PROVISIO in accordance with the law.

13. GENERAL

This EULA shall be only governed by the law of the Federal Republic of Germany,
without giving effect to principles of conflict of laws; UNCITRAL provisions
(UN-LAW) do not apply in any form. You hereby consent to the
exclusive jurisdiction and venue of the state and federal courts sitting in GERMANY,
State of NRW or the local courts in the CITY OF MUENSTER, GERMANY -
seat of PROVISIO GmbH - to resolve any disputes arising under this EULA.
In each case this EULA shall be construed and enforced without regard to the
United Nations Convention on the International Sale of Goods.

This EULA contains the complete agreement between the parties with respect to
the subject matter hereof, and supersedes all prior or contemporaneous
agreements or understandings, whether oral or written.
Any amendments and modifications to this agreement need to be in
writing including this clause.
You agree that any varying or additional terms contained in any purchase order or
other written notification or document issued by you in relation to the Software
licensed hereunder shall be of no effect. The failure or delay of PROVISIO to
exercise any of its rights under this EULA or upon any breach of this EULA shall
not be deemed a waiver of those rights or of the breach.

No PROVISIO dealer, agent or employee is authorized to make
any amendment to this agreement.

If any provision of this agreement shall be held by a court of competent jurisdiction
to be contrary to law, that provision will be enforced to the maximum extent
permissible, and the remaining provisions of this agreement will remain in full force
and effect. The contract becomes automatically amended in a way that comes
closest to the business intentions behind the invalid part that made this contract
illegal. The same rule applies if a contractual loophole occurs.

All questions concerning this EULA shall be directed
to contact-europe@provisio.com mailto:contact-europe@provisio.com or contact-america@provisio.com mailto:contact-america@provisio.com
Attention: Christoph Niehus.

PROVISIO and other trademarks contained in the Software are
trademarks or registered trademarks of PROVISIO GmbH and PROVISIO, LLC
in the United States and/or other countries. Third party trademarks, trade names,
product names and logos may be the trademarks or registered trademarks of their
respective owners. You may not remove or alter any trademark, trade names,
product names, logo, copyright or other proprietary notices, legends, symbols or
labels in the Software. This EULA does not authorize you to use PROVISIO's
or its licensors' names or any of their respective trademarks.

PROVISIO's and PROVISIO, LLC's General Business Terms and Conditions apply.
You can view and print the General Business Terms and Conditions
by visiting the following web site http://www.provisio.com/Company/Agb.aspx

If you have any questions concerning this Agreement or the software
or related documentation, you may contact PROVISIO's customer service at
http://www.provisio.com

SiteKiosk uses 'Internet Explorer' which is copyrighted (c)
by Microsoft Corp.(USA)
SiteKiosk uses 'paintlib' which is copyrighted (c) by Ulrich von Zadow.
SiteKiosk uses 'SSL library' which is copyrighted (c) by Eric Young.
SiteKiosk is licensed for the following patents owned by Netkey, USA:
[NETKEY Licensed; U.S. Patent Nos. 6,078,848 and 5,761,071]
The user is liable for the correct using of third-party products.