George James Software Limited Software License Agreement THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GEORGE JAMES SOFTWARE LIMITED. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE MEDIA PACKAGE AND THE ACCOMPANYING WRITTEN MATERIALS, BINDERS AND OTHER CONTAINERS (the "Documentation") IN ORIGINAL CONDITION TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND. 1 License. George James Software Limited ("George James Software") hereby grants to you a non-exclusive license (the "License") for use at any one time by the permitted number of users one copy of the software program accompanying this License (the "Software") on a single computer ("Dedicated Computer"). The Software is in "use" on a computer when it is loaded into temporary memory (ie RAM) or installed into permanent memory (ie hard disk or other storage device) of that computer. 2 Copyright and Ownership. The Software and Documentation are owned by George James Software and are protected by United Kingdom copyright laws and international treaty provisions. You acquire only the right to use the Software and Documentation and do not acquire any rights of ownership in the Software and Documentation or the media on which they are provided. 3 Non-Permitted Use. You may not use the Software for direct or indirect control of human life support systems without the prior written consent of a Director of George James Software. As used herein, the term 'human life support systems' refers to any machine, instrument or device, or any combination thereof, operated or used for the direct delivery of medical treatment to humans, the failure or malfunction of which could reasonably be expected to cause injury or death to the patient receiving such treatment. George James Software, in its sole discretion, may require additional contractual or other safeguards for such human life support system applications. 4 Other Restrictions. You may not rent or lease the Software. You may not use the Software to provide a bureau service or any other kind of service based on or involving the Software to any third party. You may not transfer the Software to any third party without written consent of George James Software. You may not reverse engineer, decompile or disassemble the Software. 5 Limited Warranty and Liability. George James Software warrants that the Software, as updated and when properly used, will operate in all material respects in conformity with the published specifications for the applicable version, and the Software media shall be free of defects, for 90 days from the date of shipment of such version to you. In the event of a failure to meet the foregoing limited warranty, your sole remedy in the event of nonconformity of the Software, at George James Software's option, shall be replacement of the defective materials or a refund of the license fees paid for the affected Software. GEORGE JAMES SOFTWARE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SOFTWARE, THE DOCUMENTATION, THE SUPPORT OR OTHER SERVICES RELATED TO THIS SOFTWARE. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE OR SERVICES OR THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. IN NO EVENT WILL GEORGE JAMES SOFTWARE BE LIABLE FOR ANY LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF GEORGE JAMES SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GEORGE JAMES SOFTWARE'S LIABILITY, IF ANY, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE. THE FOREGOING ESTRICTIONS, DISCLAIMERS AND LIMITATIONS SHALL APPLY AND REMAIN IN FORCE EVEN IN THE EVENT OF A BREACH BY GEORGE JAMES SOFTWARE HEREUNDER OF A CONDITION OR FUNDAMENTAL TERM HEREUNDER, OR IN THE EVENT OF A BREACH WHICH CONSTITUTES A FUNDAMENTAL BREACH. 6 Governing Law. THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SOFTWARE AND IS GOVERENED BY THE LAWS OF ENGLAND AND WALES AND EACH PARTY AGREES TO SUBMIT TO THE JURISDICTION OF THE COURTS OF ENGLAND AND WALES. The terms of this Agreement supersede the terms of any purchase order, order letter or other documentation issued or signed by you to authorize your license of the Software and Documentation. If any provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed as necessary to eliminate its un-enforceability, and all other provisions shall remain unaffected. 7 Waivers. The failure or delay of either party to exercise any of its rights shall not be deemed a waiver thereof and no waiver by either party of any breach of this Agreement shall constitute a waiver of any other or subsequent breach. Object: umllicense Component: license.txt Version 1.0 Date 18 December 2003