FRAUNHOFER IIS
ELECTRONIC END USER LICENSE AGREEMENT
FOR MP3ENC COMMAND LINE MP3 TOOLS (DEMOVERSION)

IMPORTANT-READ CAREFULLY:

IF THE COPY OF THE SOFTWARE YOU RECEIVED WAS ACCOMPANIED BY A PRINTED OR OTHER 
FORM OF "HARD-COPY" END-USER LICENSE AGREEMENT WHOSE TERMS VARY FROM THIS 
AGREEMENT, THEN THE HARD-COPY END-USER LICENSE AGREEMENT GOVERNS YOUR USE OF 
THE SOFTWARE.

Any third-party software that is provided with the Software with such 
third-party's license agreement (in either electronic or printed form) is 
included for use at your option. If you choose to use such software, then such 
use shall be governed by such third-party's license and not by this Agreement.

This Fraunhofer IIS End-User License Agreement ("Agreement") is an agreement 
between you (either an individual or a single entity) and Fraunhofer IIS for 
the Fraunhofer IIS software product(s) identified above which may include 
associated media, printed materials, and "online" or electronic documentation 
("SOFTWARE"). The term "SOFTWARE" also shall include any upgrades, modified 
versions or updates of the SOFTWARE licensed to you by Fraunhofer IIS. By 
installing, copying, or otherwise using the SOFTWARE, you agree to be bound by 
the terms of this Agreement. If you do not agree to the terms of this 
Agreement, do not install or use the SOFTWARE.

The SOFTWARE is protected by copyright laws and international copyright 
treaties, as well as other intellectual property laws and treaties. The 
SOFTWARE is licensed, not sold.

Upon your acceptance of this Agreement, Fraunhofer IIS grants to you a 
nonexclusive license to use the SOFTWARE, provided that you agree to the 
following:

I. GRANT OF LICENSE.

(1) Installation and Use.
You may install and use the SOFTWARE free of charge, provided however, such 
use being solely for purposes of testing and evaluating the SOFTWARE. You must 
acquire a commercial release of the SOFTWARE in order to use it for any other 
purpose.

(2) Limitations.
The license and right for the use of this SOFTWARE does not include the right 
to create, generate, encode or otherwise modify data or bit streams:

(a) to be used, sold, published, distributed, disposed of or otherwise 
marketed via pre-recorded media, such as but not limited to CD-ROM, magnetic 
tapes, memory cards and the like;

(b) to be used, sold, reproduced, published, distributed, disposed of or 
otherwise marketed via any kind of network, if a user will have to pay a 
monetary or equivalent compensation for the access, copying etc. of such data 
or bit stream;

(c) for the purpose of broadcast and/or radio and/or multicast service 
transmission such as but not limited to "Internet Radio" and the like.

(3) Backup Copies.
You may also make one copy of the SOFTWARE itself for backup purposes, 
provided that all proprietary notices are reproduced on such backup copy.

II. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(1) Maintenance of Copyright Notices.
You are not entitled to remove or alter any copyright notices on all copies of 
the SOFTWARE.

(2) Distribution.
You may not distribute copies of the SOFTWARE to third parties.

(3) Rental.
You may not rent, lease or lend the SOFTWARE.

(4) Public Evaluation
You may not use the SOFTWARE for means of public evaluation or written 
commentary without prior written consent of Fraunhofer IIS.

III. TERMINATION.

The term of this Agreement will be 30 (thirty) years. Without prejudice to any 
other rights, Fraunhofer IIS may terminate this Agreement if you fail to 
comply with the terms and conditions of this Agreement. In such events, you 
must destroy all copies of the SOFTWARE.

IV. COPYRIGHT.

All title, including but not limited to copyrights, in and to the SOFTWARE and 
any copies thereof are owned by Fraunhofer IIS and/or its suppliers. All title 
and intellectual property rights in and to the content which may be accessed 
through use of the SOFTWARE is the property of the respective content owner 
and may be protected by applicable copyright or other intellectual property 
laws and treaties. This Agreement grants you no rights to use such content. 
All rights not expressly granted are reserved by Fraunhofer IIS.

V. WARRANTY.

(1) Fraunhofer IIS guarantees the use of generally accepted rules of 
technology as well as scientific care, but not actual attainment of the 
research and development goal.

(2) Fraunhofer IIS is entitled to remedy defects that may occur. Should such 
remedy be to no avail, the client has the option of either demanding a 
reduction in the fee or the cancellation of the Agreement. Further rights of 
warranty are precluded hereby.

(3) Warranty is limited to six months from the date of delivery of the 
SOFTWARE. This also applies to warranty claims that are not subject to the 
statutory warranty periods.

VI. LIABILITY.

The liability of Fraunhofer IIS and its legal representatives and those 
employed in fulfillment of the contract, arising from breaches of contract or 
tort is limited to cases of intent, gross negligence, lack of warranted 
quality (characteristics) and violation of a responsibility, which would 
jeopardize the contractual objectives.

VII. GOVERNING LAW.

This Agreement is governed by the laws of Germany.