General Terms and Conditions for Training Services

Austrian Law
Valid from October 1, 2007

I. Registration

Fabasoft will publish the training/seminar dates in advance on a quarterly basis (above all, by mailing printed seminar programmes as well as by publication on the Fabasoft website).

Registration for a seminar shall be binding on the participant upon receipt of the written application by Fabasoft.

By registering for a training/seminar the participant acknowledges to know the present General Terms and Conditions and agrees to the provisions hereof.

Fabasoft shall confirm the registration of a participant by issuing a respective invoice. By issuing the invoice attendance at the seminar is bindingly agreed upon.

II. Seminar dates, seminar hours

The seminars will take place at the notified dates between 9:00 a.m. and 5:00 p.m. and usually include two coffee breaks and one lunch break of one hour.

Fabasoft reserves the right to cancel individual seminars if for a specific seminar no sufficient number of participants (minimum number of participants) has been reached. The minimum number of participants shall be stated in the respective announcement. The participant shall be notified in writing of the fact that the seminar has been cancelled not later than eight working days prior to the respective seminar. The participant shall be offered an alternative date within the next three months, calculated as of the cancelled seminar date. Any further claims of the participant shall be excluded.

Fabasoft reserves the right to change the seminar hours according to organisational requirements.

III. Seminar fee

The fee for the participation in the seminar shall be due promptly upon issuing of the invoice and shall be received by Fabasoft by the beginning of the seminar.

The prices stated for each seminar are net, exclusive of VAT.

Travel expenses, cost of accommodation and meals at the place of the seminar shall in any case be borne by the participant.

If a registration is cancelled not later than 14 calendar days prior to the beginning of the seminar, Fabasoft will charge no cancellation fee.

If the registration is cancelled 13 days to 8 days prior to the beginning of the seminar, a cancellation fee in the amount of 50% of the participation fee will be charged.

In case of cancellations at a later point in time or if the participant fails to appear at the seminar the full fee as in case of participation will be charged.

For calculating the cancellation periods the date of receipt by Fabasoft shall be relevant. The date at which the seminar is held shall not be included in the calculation.

Until three calendar days prior to the seminar date the participant shall, however, be entitled to nominate a substitute to Fabasoft in writing.

Fabasoft reserves the right to replace the trainer or lecturer - not only in case of illness or non-availability of the same.

In case of seminars which are particularly designed for a specific customer (individual customer training) Fabasoft shall be entitled to charge additional preparatory expenses which are not included in the applicable price lists and to invoice surcharges if the seminar hours go beyond the periods defined under item II. Such additional amounts shall be determined in each individual case.

If such seminars are not held at Fabasoft's head office or at one of its branch offices Fabasoft shall also be entitled to invoice daily allowances, travel expenses and the costs of accommodation and meals for the trainer or lecturer.

IV. Participation in the seminar

In principle, anybody may participate in the trainings and seminars offered by Fabasoft subject to the maximum number of participants indicated for every seminar.

Due to organisational requirements and for reasons of quality assurance with respect to the seminars Fabasoft shall specify the qualifications required of the participants for each seminar. Fabasoft reserves the right to reject participants who do not meet the requirements. This reservation is in the interest of the other participants.

By offering seminars Fabasoft does not submit itself to any obligation to contract. Thus, Fabasoft shall be entitled to reject a registration without stating any reasons.

Registration for participation in a specific seminar shall be received by Fabasoft not later than 14 calendar days prior to the beginning of that seminar. Applications for registration received after that date may only be taken into account if the maximum number of participants for the seminar concerned has not been reached by the date of receipt of the application.

V. On-site seminars

Fabasoft shall hold on-site seminars on the participant's (customer's) premises upon separate individual agreement.

In such case the following special provisions shall apply:

(a) The participant (customer) shall provide at his own cost rooms to be specified by Fabasoft in a concrete manner.

(b) Fabasoft shall precisely define the demonstration and EDP technology to be made available by the participant (customer) at his own cost (including information about the type and number of the training equipment for the individual participants).

(c) Fabasoft shall be reimbursed any and all additional costs (such as daily allowances, travel expenses, accommodation costs, etc.) incurred by the trainer/lecturer.

(d) Fabasoft expressly points out that the participant (customer) shall exclusively be responsible for securing his EDP system with respect to the seminar to such an extent that any damage to the customer's EDP system by the trainer/lecturer can be excluded. Fabasoft shall not be liable for any damage caused by work or demonstration or installation of or to software on the participant's (customer's) EDP system or data bases.

VI. Confidentiality, copyright matters

To the extent the participant (customer) makes available hardware and software to Fabasoft or the trainer, such hardware and software shall be treated with the necessary care and confidentiality.

The software made available to the participant by Fabasoft or the trainer during the seminar as well as the information contained therein are the exclusive property of Fabasoft. By only attending the course, the participant shall not acquire any right to use such software and/or information other than at the seminar.

All handouts and documentation (including examples, materials and any kind of software) regarding the seminar, irrespective of whether they were made available to the participant in printed or electronic form, are protected by copyright in favour of Fabasoft, constitute proprietary know-how and trade or business secrets of Fabasoft.

These documents and the information contained therein are made available to the participant of the training for his/her exclusive personal use on the occasion of or after the training course. The participant shall not be granted any exclusive rights to these documents and information either, in particular no title. Any passing on, copying or dissemination - in whatsoever form - is not permitted and will be prosecuted.

If on the occasion of or in the course of the seminar works are created which are protected by copyright, Fabasoft shall hold exclusive title thereto. The participant (customer) shall only be authorised to use such works protected by copyright under a license agreement to be concluded in the individual case.

The training documents contain the status of Fabasoft technology underlying the seminar. These documents and the information are subject to future changes.

VII. Objective of the seminar

Fabasoft shall be obliged to pass on such knowledge and skills within the scope of the seminar it possesses regarding the contents of the seminar. However, Fabasoft shall owe no actual success and shall, in particular, not be liable for the fact that the participant (recipient of the service) will actually be able to implement the know-how provided.

At the end of the seminar the participant will receive a confirmation in the form of an attendance certificate to confirm that s/he received instructions in the contents of the seminar./p>

VIII. General provisions

The conclusion of this Agreement shall not affect the contents of the license agreements under which Fabasoft sells computer programmes.

This Agreement as well as its valid conclusion and its pre- and post-contractual effects shall be construed in accordance with and governed by the law of Austria with the explicit exclusion of the application of rules on conflicts of laws as well as with the explicit exclusion of the application of the UN-Convention on the International Sales of Goods.

Any disputes concerning this Agreement as well as its valid conclusion and its pre- and post-contractual effects are exclusively decided either by the competent of Linz or, alternatively and at the discretion of Fabasoft, by the competent court of the district, where the customer has his registered seat, an establishment or assets.

The participant (customer) undertakes not to ask any employees or other staff of Fabasoft to work for him without the explicit written consent of Fabasoft's management.

Fabasoft's liability for any and all claims of the participant shall - irrespective of their legal cause and basis - be restricted to actions of wilful intent or gross negligence by Fabasoft. Fabasoft shall not be liable for lost profit, lost savings, third-party claims for damages or other indirect damages or consequential damages nor for damage to recorded data.