License Agreement

for
Desktop-Reminder 2 (www.desktop-reminder.com)
by
Polenter – Software Solutions (www.polenter.com)

This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a
single entity) and Polenter – Software Solutions (LICENSER) for the software product Desktop-Reminder
2, which includes computer software and may include associated media, printed materials, and "online" or
electronic documentation (SOFTWARE). By installing, copying, or otherwise using the SOFTWARE, you
agree to be bound by the terms of this EULA.

If you do not agree to the terms of this EULA, do not install and do not use the SOFTWARE.

COPYRIGHTS
The SOFTWARE and its appearance is protected by copyright laws and international treaties, as well as
other property laws and treaties.

LICENSE
The SOFTWARE is licensed, not sold. The LICENSER hereby grants you a non-exclusive right to use the
SOFTWARE.

SOFTWARE VERSIONS
There are two SOFTWARE versions: FREE and PROFESSIONAL. Physically both SOFTWARE versions use
the same executable file. Per default the SOFTWARE starts as FREE version. To use the PROFESSIONAL
version you need to explicitly activate it.

FREE VERSION
You can use the FREE version for both commercial and individual purposes, for unlimited time and free of
charge. The FREE version has some technical limitations comparing to the PROFESSIONAL version. The
FREE version shows occasionally an info box with advantages of the PROFESSIONAL version. The info box
gives you also the possibility to order the ACTIVATION KEY, which is necessary to use the PROFESSIONAL
version after the trial period. The SOFTWARE web site contains the complete list of limitations of the FREE
version and possibilities to order the ACTIVATION KEY.

PROFESSIONAL VERSION
The PROFESSIONAL version of the SOFTWARE may be used for evaluation purposes, free of charge, at
the user's own risk, for a trial period of 30 days. To work with the PROFESSIONAL version after the trial
period, you need to purchase an ACTIVATION KEY. Without purchasing the ACTIVATION KEY, after the
trial period, the FREE version of SOFTWARE will be reactivated. The PROFESSIONAL version in the trial
period has no technical differences comparing to the PROFESSIONAL version after the trial. Occasionally it
shows a message with an opportunity to buy the ACTIVATION KEY.
ACTIVATION KEY
To use the PROFESSIONAL version of the SOFTWARE after the trial period, you need the ACTIVATION
KEY. On payment of the appropriate license fee, your ACTIVATION KEY(s) will be sent to you per email. If
you are an individual (commercial or non-commercial) and you are the only user of the SOFTWARE, and
you buy the ACTIVATION KEY using your own funds - you are entitled to activate the PROFESSIONAL
version of the SOFTWARE on all your computers. If you purchase the ACTIVATION KEY on behalf of a
company or organization (profit or non-profit) you need as many ACTIVATION KEYS, as many
workstations where the PROFESSIONAL version of the SOFTWARE is in use. In Both cases the total
number of concurrent users of the SOFTWARE can not exceed the number of purchased ACTIVATION
KEYS. UNDER NO CIRCUMSTANCES IT IS PERMITTED TO MAKE THE ACTIVATION KEY KNOWN OR
DISTRIBUTED TO UNAUTHORISED PARTIES.

AUTOUPDATE, NEWS AND DATA PRIVACY

AutoUpdate allows you to choose whether to check for available updates manually or automatically.
Furthermore the AutoUpdate provides you a hyperlink to the latest program version which you can
download and install. News is occasionally shown as a pop-up window presenting messages or
commercials. AutoUpdate and News collect standard computer information from your computer such as
operating system version, SOFTWARE version or regional and language settings. LICENSER uses this
information to provide you AutoUpdate, News and for statistical analysis. AutoUpdate and News do not
collect personal information. Personal information is transferred and collected only with your explicit
permission (support questions, purchase/license information).

DISTRIBUTION
Copying and nonprofit distribution of the publically available version of the SOFTWARE is permissible on
condition that the SOFTWARE is not altered in any way and is copied/distributed in its entirety.
Distributing in any form of the SOFTWARE for profit is not permitted without the consent of LICENSER.

OBLIGATIONS
You may not reverse engineer, disassemble or decompile the SOFTWARE. You are not entitled to sell,
rent, lease or transfer rights to the SOFTWARE or THE ACTIVATION KEY, or to change/remove any
proprietary notices or labels on the SOFTWARE. Under no circumstances you are permitted to give the
ACTIVATION KEY to unauthorized parties.

WARRANTY
Errors within the SOFTWARE cannot be excluded. The FREE version of the SOFTWARE as well as the
PROFESSIONAL version during the trial period and any related documentation is provided "as is" without
warrantee of any kind. The entire risk arising out of use of the SOFTWARE remains with you.

As a user of the PROFESSIONAL version of the SOFTWARE after the trial period, you are entitled to
rectification of defects or replacement delivery if the SOFTWARE does not conform to the specification.
If neither rectification of defects nor replacement delivery succeeds, you may claim a reduction of the
license fee. You are not permitted to solve errors on your own.

LIMITATION OF LIABILITY
The LICENSER is only fully liable in cases of intent and culpable negligence of the LICENSER himself, his
representatives or agents. This limitation of liability shall not limit any mandatory statutory liability,
including liability under the German product liability act or liability for personal injuries caused by
negligence.

By loss of data LICENSER is responsible only for that expenditure, which would be necessary during
normal data protection for the re-establishment of the data.

You shall take all reasonable measures to prevent and mitigate damages. You shall make backup copies
of your files in reasonable intervals, but at least once per day, in order to allow lost or disrupted data to
be recovered with reasonable efforts only. Failure to comply with these obligations is deemed to be
contributory negligence.

LICENSER limits the liability for other damages (i.e. escaped profit, operating interrupt, loss of business
information or other financial losses), if not caused by culpable negligence, to the purchase price of the
SOFTWARE license.

TERMINATION
The license will terminate automatically if you fail to comply with the limitations described above. In such
a case you must destroy all copies of the SOFTWARE.

RIGHT OF REVOCATION
In accordance with §312g BGB (Bürgerliches Gesetzbuch/Citizens code of law) you have no right of
revocation if you order bespoke or customized products made specifically to your order or your needs or
which cannot be returned because of their nature, e.g. download products such as the ACTIVATION KEY.

APPLICABLE LAW
This License Agreement is subject to the law of the Federal Republic of Germany.

PLACE OF PERFORMANCE / PLACE OF JURISDICTION

Insofar as the customer is a merchant as defined by the German Commercial Code (HGB), a legal entity
under public law, or a special asset under public law, the place of performance and the exclusive place of
jurisdiction for all disputes directly or indirectly arising from the contractual relationship is agreed as
Cologne, Germany.

SALVATORY CLAUSE
If individual clauses of the above License Agreement should prove to be ineffective, this does not affect
the effectiveness of the remaining clauses. The parties shall without delay replace the ineffective clauses
by others which as closely as possible approximate to the intentions of the ineffective clauses.

Polenter – Software Solutions,

Pawel Idzikowski

Hans-Kalscheuer-Str. 45
51149 Cologne
Germany

Telefax: +49 2203 98 97 2019

E-Mail: info@polenter.com