Electronic End User License Agreement The Harrowex Pty. Ltd. Electronic End User License Agreement NOTICE TO USER: LICENSE AGREEMENT IMPORTANT - YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THE LICENSE AGREEMENT TO DETERMINE WHETHER YOU AGREE TO BE BOUND BY ITS PROVISIONS. THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. This Harrowex Pty. Ltd. End User License Agreement accompanies a Harrowex Pty. Ltd. software product and related explanatory written materials ("Software"). The term "Software" shall also include any upgrades, modified versions or updates of the Software licensed to you by Harrowex Pty. Ltd. This copy of the Software is licensed to you as the end user. Please read this Agreement carefully. Harrowex Pty. Ltd. (HARROWEX) grants to you a nonexclusive license to use the Software, provided that you agree to the following: 1. Use of the Software. You may either: (a) install the Software on multiple computers, provided that those computers are used solely by you, but not simultaneously; or (b) install the Software on a single computer which may be used by different users from time to time but not simultaneously. If the Software is to be used by more than one user under option (a) above or on more than one computer under option (b) above, you must purchase a number of copies (or a multi-user package representing multiple copies) of the Software equal to the number of users under option (a) or Computers under option (b). 2. Copy Restrictions. You may make an archival copy of the Software. You may not copy the written materials accompanying the Software. You may make unlimited copies of the UNREGISTERED VERSION of the Software and give copies to other persons or entities as long as the copies contain this Agreement and the same copyright and other proprietary notices that appear on or in the Software. 3. Copyright. The Software is owned by HARROWEX and its suppliers, and its structure, organization and code are the valuable trade secrets of HARROWEX and its suppliers. The Software is also protected by Australian Copyright Law and International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may use trademarks only to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. 4. Transfer. You may not rent, lease, or sublicense the Software. You may, however, permanently transfer the complete Software and accompanying materials by delivering the original Software media and materials to a third party who accepts the terms and conditions of this Agreement, and by simultaneously destroying all copies of the Software and accompanying materials in your possession. Such a transfer terminates your license to use the Software. 5. Limited Warranty. HARROWEX warrants that the media on which the Software is recorded will be free of defects in materials and workmanship under normal use for 90 days after the date of original purchase. If a defect occurs during the 90-day period, you may return the disk(s) to HARROWEX for free replacement. HARROWEX will replace the disk(s) provided that you have previously returned the product registration card to HARROWEX. HARROWEX does not warranty that the Software will meet your requirements, that the operation of the Software will be uninterrupted or error-free. 6. Disclaimer of Warranties. THERE ARE NO OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE OR ACCOMPANYING MATERIALS. HARROWEX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING FROM TRADE USAGE OR COURSE OF DEALING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HARROWEX, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. 7. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY IN CERTAIN STATES/JURISDICTIONS. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OR NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY STATE/JURISDICTION. 8. IN NO EVENT WILL HARROWEX BE LIABLE TO YOU FOR DAMAGES, WHETHER BASED ON CONTRACT, TORT, WARRANTY OR OTHER LEGAL OR EQUITABLE GROUNDS, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF HARROWEX, OR AN AUTHORIZED REPRESENTATIVE OF HARROWEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. HARROWEX's entire liability and your exclusive remedy shall be at HARROWEX's option to either return the price paid for the Software, or repair or replace the Software that does not meet HARROWEX's Limited Warranty and which is returned to HARROWEX provided that you have previously returned the product registration card or provide a copy of your purchase receipt. This limited warranty does not apply if the failure of the Software has resulted from accident, abuse or misapplication. In no event shall HARROWEX's liability exceed the purchase price of the Software. Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, therefore, the above limitations may not apply to you. 9. Governing Law and General Provisions. This Agreement will be governed by the laws of the State of Victoria, Australia, excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of HARROWEX. 10. U.S. Government Restricted Rights. If you are purchasing the Software on behalf of the United States Government or any unit or agency thereof, you acknowledge that the Software and accompanying materials were developed at private expense and that no part is in the public domain and that the Software and documentation are provided with restricted rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in Subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or Subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Harrowex Pty. Ltd., PO Box 1784, Geelong 3220, Victoria, Australia. Unpublished-rights reserved under the copyright laws of Australia. STATIC program is © Copyright 2006 Harrowex Pty. Ltd., PO Box 1784, Geelong 3220, Victoria, Australia. STATICª is a trademark of HARROWEX which may be registered in certain jurisdictions. Disclaimer: APACHE, APACHE II and APACHE III are all trade marks of Apache Medical Systems Inc. All use of these terms within this Software on screens, in reports, documentation and otherwise by HARROWEX is to signify techniques and systems which have been developed and published by Apache Medical Systems Inc., and does not imply any connection in the course of trade between HARROWEX and Apache Medical Systems Inc.