Copyright © 2010 Caringo, Inc.All rights reserved 8Version 5.0December 2010THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIALDAMAGES OR LOSS (INCLUDING, WITHOUT LIMITATION, DAMAGES FORLOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OFBUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) AS A RESULT OFUSING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVETHEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION ORLIMITATION MAY NOT APPLY TO LICENSEE.5. TerminationThis License Agreement will automatically terminate upon a material breachof its terms and conditions.6. Third Party RightsAny software or documentation in source or binary form provided alongwith the Software that is associated with a separate license agreement islicensed to Licensee under the terms of that license agreement. ThisLicense Agreement does not apply to those portions of the Software.Copies of the third party licenses are included in the Software Distribution.7. GeneralNothing in this License Agreement affects any statutory rights of consumersthat cannot be waived or limited by contract. Nothing in this License Agreementshall be deemed to create any relationship of agency, partnership, or jointventure between eGenix.com and Licensee.If any provision of this License Agreement shall be unlawful, void, or for anyreason unenforceable, such provision shall be modified to the extent necessaryto render it enforceable without losing its intent, or, if no such modification ispossible, be severed from this License Agreement and shall not affect thevalidity and enforceability of the remaining provisions of this License Agreement.This License Agreement shall be governed by and interpreted in all respectsby the law of Germany, excluding conflict of law provisions. It shall not begoverned by the United Nations Convention on Contracts for InternationalSale of Goods.This License Agreement does not grant permission to use eGenix.comtrademarks or trade names in a trademark sense to endorse or promoteproducts or services of Licensee, or any third party.The controlling language of this License Agreement is English. If Licenseehas received a translation into another language, it has been provided forLicensee's convenience only.8. AgreementBy downloading, copying, installing or otherwise using the Software,Licensee agrees to be bound by the terms and conditions of this License