Network-Integrated Multimedia Middleware (NMM) Non-Commercial License Agreement This license agreement ("License"), effective today, is made by and between you (hereinafter referred to as the "Licensee") and Motama GmbH, Lortzingstr. 10, 66111 Saarbruecken, Germany ("Licensor"), and concerns certain software known as "Network-Integrated Multimedia Middleware" and "NMM", developed by Licensor and which includes executable code, source code, artwork, data files and documentation (hereinafter referred to as the "Software"). 0. Definitions. The term "Non-Commercial" as used in this License, means academic or other research, or evaluation which (a) is not undertaken for profit, or (b) is not intended to produce works, services, or data for commercial use, or (c) is neither conducted, nor funded, by a person or an entity engaged in the commercial use, application or exploitation of works similar to the Software. The term "Improvements", as used in this License, means any kind of addition or modification generated by Licensee that is based directly on, either all or parts of, the Software provided by Licensor. The term "Derivative Work", as used in this License, means any kind of software or documentation generated by Licensee that uses, either all or parts of, the Software provided by Licensor. 1. General. A non-exclusive, nontransferable license is granted to the Licensee to install and use the Software for Non-Commercial purposes. Use of the Software under this License is restricted to Non-Commercial purposes. Any other use of the Software, such as commercial use, requires a separately executed written license agreement. 2. Permitted Use. Licensee agrees that it will use the Software, and any Improvements or Derivative Work that the Licensee may create solely for Non-Commercial purposes and shall not distribute or transfer the Software or Improvements or Derivative Work to any person or third parties without prior written permission from the Licensor. 3. Restrictions. Licensee shall not modify, adapt or translate the Software. Licensee shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Licensee shall not publish statistical data concerning the Software without asking Licensors written permission to do so. 4. Support. The Software comes without any support of any kind. Licensor is not responsible for providing support, bugfixes, consulting, updates, access to newer versions, or any other services to Licensee. 5. Licensee Responsibilities. Licensee agrees to provide Licensor with information regarding bugs, missing, incomplete, or wrong documentation found during the course of using the Software. Licensee agrees to continually check the official web sites related to the Software for news, announcements, and updates to the Software or its documentation, and to check these resources before reporting bugs or problems. 6. Ownership and Assignment of Copyright. The Licensee acknowledges that the Licensor holds the copyright in the Software, and the Software is the property of Licensor. The Licensee agrees that any Improvements made by Licensee shall be subject to the same terms and conditions as the Software. 7. Copies. The Licensee may make a reasonable number of copies of the Software for the purposes of backup, maintenance of the Software or the development of Derivative Work based on the Software. These additional copies shall carry the copyright notice and shall be controlled by this License, and will be destroyed along with the original by the Licensee upon termination of the License. Licensee shall not provide copies of Software to any third party, not even in repackaged and/or binary form. 8. Acknowledgements. Licensee agrees that any publication of results obtained with the Software will acknowledge its use by an appropriate citation. All advertising materials (including web pages) mentioning features or use of this Software, or other software that uses this Software, must display the following acknowledgment: "Uses the Network-Integrated Multimedia Middleware (NMM) Copyright (c) by Motama GmbH. For more information about NMM, see http://www.motama.com". 9. Demonstration Content. Licensee agrees to notify Licensor about results achieved with the Software. Licensee grants Licensor the right to include a demonstration and/or screen shots of the achieved results on Licensors web site. 10. Disclaimer of Warranties and Limitation of Liability. THE LICENSEE AGREES THAT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. THE LICENSOR MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, ACCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 11. Termination. This License is effective until terminated by either party. Rights of Licensee under this License will terminate automatically without notice from the Licensor if Licensee fails to comply with any term(s) of this License. Upon termination of this License, Licensee shall immediately discontinue all use of the Software and destroy the original and all copies, full or partial, of the Software, including all Improvements.