Between

 

         Company, Address, Country,

         hereinafter referred to as End user

 

and

 

         Per Kjærulf-Møller, Rådgivende civilingeniør ApS,

         a company organized and incorporated under the laws of Denmark and having its address at Bredkær Parkvej 18, 8250 Egå, Denmark, hereinafter referred to as PKM.

 

 

1. Grant

 

A.    PKM will give telephone support for the usage of the software package GartPlan to the End user for a maximum of 6 hours per year.

B.    The End user has the right to give suggestions for improvements of GartPlan.

C.    The End user has the right to receive and to use all new versions of GartPlan, which will be announced and marketed by PKM, free of charge.

 

 

2. Payment

 

The End user has to pay a service-fee according to the current pricelist for the services mentioned in article 1. The fee shall be paid per year in advance, and the total invoice sum shall be due and payable by the End user to PKM 14 days after the date of invoice.

 

 

3. Duration of the agreement

 

This agreement shall take effect on 01.01.2004 (date 1. January) and shall endure for a period of 1 year. This agreement will be prolonged automatically by 1 year, unless terminated by one of the parties by written notice at least 2 months before prolongation.

 

 

4. Not included

 

The following services are not included in this agreement:

 

  1. Installing of new versions of GartPlan by personnel of PKM.
  2. Maintenance of any hardware or software other than GartPlan.
  3. Support which has to be given because of severe or frequently neglecting the directions given in the manuals of GartPlan.
  4. Repairing or reinstalling of programs and files which are damaged because of misusage of GartPlan, failures in hardware or because of the usage of any hardware or software package other than GartPlan.

 

5. Copying of data

 

End user is supposed to make periodically copies or backups of his GartPlan data. When the End user or personnel of PKM will install a new version of GartPlan, the End user has to make copies or backups of his GartPlan data in advance. Only after the new version has proved to work correct these copies or backups may be destroyed.

 

 

6. Responsibility of PKM

 

The responsibility of PKM is to apply all care and skill to carry out the obligations mentioned in article 1. End user can never hold PKM responsible for any damage, in particular not for damage caused by the usage of GartPlan or caused by the impossibility to use GartPlan. End user safeguards PKM of any claim of third parties because of damage as mentioned in this article.

 

 

7. Definition of a new version of GartPlan

 

PKM decides which programs, parts of programs, program modules and other objects belong to the software package GartPlan and which programs, parts of programs, program modules and other objects produced make a new version of GartPlan.

 

 

8. Premature termination

 

PKM has the right to terminate this agreement immediately by written notice to the End user in the following cases:

 

  1. If End user has not paid the amounts due at maturity.
  2. If End user violates one or more clauses of the License conditions of GartPlan, especially clauses concerning copy rights and economical and intellectual ownership of GartPlan.

 

In these cases PKM keeps the right on the amounts already due.

 

 

 

Date:                                                                         Date: 2/20/2004

 

                                                                                                                                                  

End user                                                                    Per Kjærulf-Møller ApS

 

NB! Please sign and return one copy.