End-User Agreement 
Ahead End User License Agreement
Software Products: Nero – Burning ROM and/or Nero Express ("Software")
Licensor: Ahead Software AG ("Ahead") 
The terms of your license agreement for the Ahead Software described above depend on whether you purchased the Software from:  (1) an Ahead OEM partner; or (2) Ahead or an Ahead reseller.
MPEG Layer-3 audio compression technology licensed by Fraunhofer IIS and Thomson Multimedia. 
A.   LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE PURCHASED FROM OEM PARTNER 
This is a legal agreement between you, the end user, and Ahead Software AG, Im Stoeckmaedle 18, 76307 Karlsbad, Germany ("Ahead").
By opening the sealed Ahead Software, you are agreeing to be bound by the terms of this agreement.  If you do not agree to the terms of this agreement, promptly return the Ahead Software and the accompanying items (including written materials and binders or other containers) to the place you obtained them for a full refund. 
I. 	Grant of license 
This Ahead license agreement (license) permits you to use one copy of the Software acquired with this license on any single computer, provided the Software is in use on only one computer at any time. If you have a multiple license for the Software, you may then have as many copies of the Software as you have licenses, in use at any time. The Software is in use on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not in use.  If the anticipated number of users of the Software will exceed the number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the Software concurrently does not exceed the number of licenses. Should one person use a computer on which the Software is permanently installed, either on the hard disk or other storage device of the computer  (other than a network server), for more than 80% of the time it is in use, then that person may also use the Software on a portable or home computer. 
You are only licensed to use the Software if purchased as a bundle with CD/DVD-Recording hardware. 
  	
II. 	Copyright 
The Software is owned by Ahead or its suppliers and is protected by copyright laws, international treaty provisions, and other national laws. Therefore, you must treat the Software like any other copyrighted material (e.g. a book) except that if the Software is not copy protected you may either 
(a) 	
make one copy of the Software solely for backup or archival purposes, 

(b) 	
or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.  	

Product manual(s) or written materials accompanying the Software may not be copied. 
  	
III. 	Other restrictions 
You may not rent or lease the Software, but you may transfer your rights under this Ahead license agreement on a permanent basis provided you transfer all copies of the Software and all written materials, and the recipient agrees to the terms of this agreement. You may not reverse engineer, decompile or disassemble
the Software. Any transfer must include the most recent update and all prior versions.
This Ahead license agreement (license) does not include the right to use the included MPEG Layer-3 audio compression technology for use in real time broadcasting (terrestrial, satellite, cable or other media) or broadcasting via Internet or other networks, such as but not limited to intranets etc. or in pay-audio or audio-on-demand applications. 
  	
IV. 	Warranties 
AHEAD MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  The party from whom you purchased the product with which this Software has been bundled may have warranty and/or support obligations to you. 
  	
V. 	No liability for consequential damages 
In no event shall Ahead or its suppliers be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this Ahead product, even if Ahead has been advised of the possibility of such damages. 
  	
VI. 	U.S. Government Restricted Rights 
Any use of the Ahead Software by the U.S. Government is conditioned upon the Government agreeing that the Software is subject to Restricted Rights as provided under the provisions set forth in subdivision (c)(1)(ii) of Clause 252.227-7013 of the Defense Federal Acquisition Regulations Supplement, or the similar acquisition regulations of other applicable U.S. Government organizations.  The Contractor/Manufacturer is Ahead Software AG, Im Stöckmädle 18, 76307 Karlsbad, Germany. 
  	
VII. 	Disclaimer 
THE AHEAD SOFTWARE IS DESIGNED TO ASSIST YOU IN REPRODUCING MATERIAL IN WHICH YOU OWN THE COPYRIGHT OR HAVE OBTAINED PERMISSION TO COPY FROM THE COPYRIGHT OWNER.  UNLESS YOU OWN THE COPYRIGHT OR HAVE PERMISSION TO COPY FROM THE COPYRIGHT OWNER, YOU MAY BE VIOLATING COPYRIGHT LAW AND BE SUBJECT TO PAYMENT OF DAMAGES AND OTHER REMEDIES.  IF YOU ARE UNCERTAIN ABOUT YOUR RIGHTS YOU SHOULD CONTACT YOUR LEGAL ADVISOR.  YOU ASSUME FULL RESPONSIBILITY FOR THE LEGAL AND RESPONSIBLE USE OF THE AHEAD SOFTWARE. 	

B.   LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE PURCHASED FROM AHEAD OR AN AHEAD RESELLER 
The license terms and conditions applicable to Software purchased from Ahead or an Ahead Reseller are exactly the same as set forth in Section A above, except that Section 1 (Grant of license) and 4 (Warranties) shall read as follows: 
I. 	Grant of license 
This Ahead license agreement (license) permits you to use one copy of the Software acquired with this license on any single computer, provided the Software is in use on only one computer at any time. If you have a multiple license for the Software, you may then have as many copies of the Software as you have licenses, in use at any time. The Software is in use on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not in use.  If the anticipated number of users of the Software will exceed the number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the Software concurrently does not exceed the number of licenses. Should one person use a computer on which the Software is permanently installed, either on the hard disk or other storage device of the computer  (other than a network server), for more than 80% of the time it is in use, then that person may also use the Software on a portable or home computer. 
  	
II. 	Warranties 
Ahead warrants that for a period of 90 days from the date of receipt, the Software will perform substantially in accordance with the accompanying documentation.  Any implied warranties on the Software  are limited to 90 days or the shortest period permitted by applicable law, whichever is greater.  Ahead`s entire liability and your exclusive remedy for a breach of this warranty shall be, at Ahead`s option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Ahead`s limited warranty and which is returned to Ahead with a copy of your receipt.  If failure of the Software has resulted from accident, abuse, or misapplication, this limited warranty shall be void.  Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.  AHEAD MAKES NO OTHER WARRANTIES TO YOU IN CONNECTION WITH THIS LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 	

If you have any questions concerning this license agreement, please contact us .