Delivery

1.1 The program supplier is Per Kjærulf-Møller ApS (hereinafter referred to as PKM).

1.2 The software shall be considered to be delivered at the time when the software has been transmitted to the customer's computer.

1.3 Unless otherwise agreed in writing, the entire purchase sum shall be paid on or before the date of delivery. Missing instruction or guidance shall not entitle the customer to postpone payment.

Programs

2.1 In the event of any program errors it applies that PKM's liability shall be limited to the remedy of such errors, whereas PKM shall not be burdened, either directly or indirectly, with any costs or losses incurred as a result of such errors. PKM's obligation to remedy any program errors shall apply only to errors, which have been found and communicated to PKM within six (6) months of the program delivery. PKM disclaims any liability for software delivered by another supplier or developed in full or in part by the customer itself.

2.2 Retention of title

The title and the copyright to the software delivered shall remain PKM's, as only the right of use shall be transferred to the customer. The right of use shall follow the customer but subject to prior written agreement with PKM and against payment of a service charge it may be re-transferred to third party in connection with a sale of the nursery for which the software has been bought. The right to re-transfer the software shall be subject to the condition that a software service agreement has been concluded and that the third party enters into such agreement. The customer shall not be entitled to copy or duplicate the software except for its own use, and the software shall not be hired out or lent to other parties.

2.3 License conditions

The software shall only be installed on one computer per license, and shall only be used for data processing tasks for one production site per license. A production site may be a nursery or a division of a nursery with a postal address of its own. In the event that the software is to be used for data processing tasks for more production sites, this requires a number of licenses equal to the number of production sites or postal addresses.

A production site that satisfies one of the below conditions do not require an additional license, but may be included in the license that is purchased for the greenhouse, to which the production site belongs.

· The production site is part of a greenhouse, where the total area including all additional production sites is less than 20.000 m².

· The area in the production site is less than 10.000 m².

· The production site is of secondary importance and has neither now nor previously been operated as an independent greenhouse.

· The production site is a yearly periodically rented area.

The software is available in different versions featuring multi-user and/or multiple nursery facilities which shall have no effect on the number of licenses required. A single user license may be installed on maximum three (3) computers at the same time against payment of an additional charge.

2.4 Registration code

A registration code shall be required for each computer on which the software is to be installed. The registration code shall be supplied by PKM. The code will be generated on the basis of information obtained from the computer concerned, and a new registration code will be required in connection with re-installation on the same computer or on a new computer.

2.5 Program service and telephone support

Conclusion of a program service agreement shall entitle the customer to current updating of the software with the latest versions and to telephone assistance in connection with software problems. The service agreement shall also entitle the customer to new registration codes for re-installation purposes and replacement of the CD/program disc in case of theft or fire against payment of an additional charge. Any other services will be specified in the agreement.
Users with no service agreement are entitled to upgrade the software with the latest version against payment of the missing service fee for the period with no active service agreement plus an additional charge of 10% of the price of the software.

Important: If no service agreement is concluded, it is important that the user stores the CD originally handed out, as re-installation of the software will only be possible from this CD.

2.6 Instruction

Any free consulting services in connection with running-in of software will be specified in hours in a supply contract. Additional assistance shall only be provided against separate payment unless it concerns remedy of program errors.

Sanctions

3.1 In the event that the customer or its personnel should infringe the above provisions concerning title, the customer shall forfeit its right to use the software and the customer shall be obliged to destroy each and every copy of the software. The customer shall indemnify PKM in connection with unauthorized use/copying of the software supplied.

Disputes

4.1 Each and every dispute, which may arise in connection with these License conditions, shall be settled in accordance with Danish law by a court within the judicial district of Aarhus in Denmark.