Licence Terms for EasyWare Commerce For the purposes of this agreement, EasyWare Commerce is known as 'the Software'. Important Do not use the software accompanying this agreement until you have carefully read the following Agreement. Opening the sealed Software package and/or installing or using the Software (or authorizing any other person to do so) indicates your acceptance of the terms and conditions contained in this Agreement. If you do not agree with the terms and conditions of this Agreement, promptly return the unopened Software and accompanying items to the place of purchase and your money will be refunded. If the software was purchased via a download media, downloading the software indicates your acceptance of the terms and conditions in this agreement and the licence shall be effective and bind you upon your downloading of the Software. This Agreement sets forth the terms and conditions for licensing of the Software from EasyWare UK. Licence and Certain Restrictions You are granted a non-exclusive licence to use one copy of the Software only on a single computer and a single terminal. Although you are encouraged to make a backup copy of the Software for your own use, you are not allowed to make more than one copy for backup purposes. The Software (including any images, icons, graphics, animations, video, audio, music, and text incorporated into the Software) is protected by copyright laws. You may not make copies of the Software except for backups. You may not give copies to another person, or duplicate the Software by any other means, including electronic transmission. You may not copy the printed materials accompanying the Software, nor print copies of any user documentation. The Software contains trade secrets, and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form. You may not modify, adapt, translate, rent, sublicence, assign, lease, loan, resell for profit, distribute, or network the Software, disk, or related materials or create derivative works based upon the Software or any part thereof. EasyWare UK reserves the right to record, remotely, details of the computer(s) on which the software is installed, primarily to prevent software piracy and to notify users of any critical updates to the software product. EasyWare UK will maintain any collected data in accordance with the UK Data Protection Act of 1998. We will not reveal any registration information held on our customers to third party organisations. Disk Warranty The sole warranty regarding the Software and related materials is that the original disk is free from physical defects in material and workmanship, assuming proper use, for a period of thirty (30) days from date of purchase. If such defect occurs during this period, you may return your faulty disk to EasyWare UK, along with a dated proof of purchase; EasyWare UK will replace it free of charge. Your sole and exclusive remedy for any breach of representation or warranty is that EasyWare UK, at its option, either (a) will refund your payment for the Software upon your return of the Software and related materials, with a copy of your receipt, or (b) will replace it on an exchange basis without charge (except as provided above). EXCEPT FOR THE EXPRESS WARRANTY OF THE ORIGINAL DISKS SET FORTH ABOVE, THIS SOFTWARE IS PROVIDED 'AS-IS', AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EasyWare UK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SOFTWARE, DISK, AND RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. THE LIABILITY OF EasyWare UK UNDER THE WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM COUNTRY TO COUNTRY. Certain Limitations EasyWare UK has no control over your use of the Software. EasyWare UK does not and cannot warrant the performance or results that may be obtained by its use. EasyWare UK does not represent, warrant, or guarantee the accuracy and timeliness of the data contained in the Software and EasyWare UK shall have no liability of any kind whatsoever to you, or to any other party, on account of any inaccuracies in or untimeliness of the data, or for any delay in reporting such data contained in the Software. Various information in the Software constantly changes, and the information in the Software is only as of a particular date. EasyWare UK does not warrant that the operation of the Software will be uninterrupted or error free. EasyWare UK is not responsible for problems caused by accident, abuse, mishandling, alteration, or improper use. EasyWare UK does not warrant or guarantee the suitability of the Software or that it will meet your requirements. Limitation of Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EasyWare UK AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF EasyWare UK OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EasyWare UK'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS PRODUCT. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limitations of damages set forth above fundamental elements of the bases of the bargain between EasyWare UK and you. EasyWare UK would not be able to provide this product on an economic basis without such limitations. Miscellaneous You acknowledge that, in providing you with the Software, EasyWare UK has relied upon your agreement to be bound by the terms of this Agreement. You further acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement, and hereby reaffirm your acceptance of those terms. You further acknowledge that this Agreement constitutes the complete statement of the agreement between you and EasyWare UK, and that the Agreement does not include any other prior or contemporaneous promises, representations, or descriptions regarding the Software. This Agreement is not, however to limit any rights that EasyWare UK may have under trade secret, copyright, patent, or other laws that may be available to it. The agents, employees, distributors, and dealers of EasyWare UK are not authorised to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on EasyWare UK. Accordingly, additional statements such as dealer or other advertising or presentations, whether oral or written, do not constitute representations or warranties by EasyWare UK and should not be relied upon. This Agreement may be modified only in writing. If any provision of this Agreement is invalid or unenforceable under applicable law, it is to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement including any copyright and trademark matters shall be governed by United Kingdom law (without reference to choice of law principles). This Agreement is deemed entered into in the United Kingdom, and jurisdiction for resolution of any disputes shall reside solely in the United Kingdom. This Agreement shall be construed as to its fair meaning and not strictly for or against either party. EasyWare UK 76B Brookbank Road, London SE13 7BZ United Kingdom +44 (0)20 8305 6992 www.easyware.co.uk info@easyware.co.uk