We APJ Limited grant you licence to use FMTools Software on the following terms:

This Software is licensed and not sold to you. This Software is owned by us and is protected by copyright law, and we reserve ownership of all Intellectual Property Rights in it, and all rights other than those expressly granted by this Agreement.

We grant to you a non-transferable and non-exclusive licence to use and distribute the FMTools Software , for the sole purpose of incorporating the FMTools Software into the Licensee's own computer software (the Licensee's Software") and to copy and to distribute the FMTools Software, subject to the terms and conditions set forth herein.

This Agreement and licence is personal to you, and save as expressly permitted by this Licence, you may not copy, rent, lease, assign or otherwise distribute or part with the Software or any accompanying written materials. You must keep any Registration Code provided to you confidential. You must take reasonable steps to protect the Software from unauthorised copying, publication, disclosure or distribution. Distribution Rights

Licensee may distribute the FMTools Software to its customers (herein called End Users). The licensee must not modify or remove copyright notices or serial numbers or signatures that may be included within the software or displayed on the screen. Licensee may only distribute the FMTools Software in conjunction with and as a part of Licensee's own software products , subject to the following restrictions:

1. Basic Developer Licence

The software may be distributed with any database solutions developed by the Licencee and used only with these database solutions. Distribution is limited to End Users with up to 20 users. If more than 20 users will use a solution, then a Site Licence must be purchased. If the End User wishes to use the software with other FileMaker databases, in addition to those distributed by the Licencee, the appropriate licence must be purchased.

2. Commercial Worldwide Developer Licence

The software to be distributed with any databases developed by the Licencee and used only with these databases. If the End User wishes to use the software with other FileMaker databases, in addition to those distributed by the Licencee, the appropriate licence must be purchased.

Distribution by Others

The Distribution Rights described above belong to the Licensee of the FMTools Software. The Licensee may not give the Distribution Rights to others, including his customers and clients.

Use of APJ Software

You may not modify the Software. You may not disassemble, decompile, or reverse engineer the Software, or otherwise attempt to discover the source code of the Software, except as expressly permitted under the European Council Directive of 14 May 1991 on the Legal Protection of Computer Programs ("the Directive"). In the event of any inconsistency between the Directive and any UK legislation, the terms of the Directive shall prevail. Please note the terms of the Directive only permit decompilation where:it is essential in order to achieve operability of the Software with another software program, and you have first requested us to provide the information necessary to achieve such operability, and we have refused or failed without reasonable cause to comply with such request. Any such requests should be directed to APJ Limited 74 Westminster Road, Sutton, Surrey SM1 3NL, UK. We have the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by us or obtained by you as permitted hereunder may only be used by you for the purpose stated in the Directive, and may not be disclosed to any third party, or used to create any software which is substantially similar to the expression of the Software.

Support

You are entitled to free e-mail support from fmtools@apjuk.com during normal UK working hours for 90 days from the date of payment.

Warranties, and Limitation of Liability

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

THE SOFTWARE IS NOT WARRANTED TO BE FAULT-TOLERANT, AND IS NOT INTENDED FOR THE DESIGN, CONSTRUCTION, MAINTENANCE, OPERATION, CONTROL, OR ANY OTHER USE IN CONNECTION WITH HIGH RISK SYSTEMS, AND WE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR PURPOSE IN CONNECTION WITH HIGH RISK SYSTEMS.

You will not use the software for any purpose in connection with High Risk Systems. 'High Risk Systems' means systems in environments requiring fail-safe performance (such as nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems), in which the failure of the software could lead directly to death, personal injury, or severe physical or environmental damage.

You acknowledge that it is not technically practicable to guarantee software to be error-free, and you agree that if any such errors are found to exist they shall not constitute a breach of this Agreement.

In no event will we be liable for indirect, special, incidental or consequential loss or damage which may arise in respect of the Software, its use, or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings, even if we have been advised of the possibility of such loss.

If any exclusion contained in this Agreement shall be held to be invalid for any reason and we become liable for loss or damage that may lawfully be limited, such liability shall be limited to the licence fee paid by you for the Software.

We do not exclude liability for death or personal injury to the extent only that it arises as a result of our negligence or that of our employees, agents or authorized representatives.

You acknowledge that these terms supersede all prior agreements, and are complete and exclusive. No oral or written information given by us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of this warranty in any way, and you may not rely on any such advice.

If any provision in this Agreement shall be determined to be invalid, such provision shall be deemed omitted; the remainder of this Agreement shall stand.

This Licence shall be governed by the laws of England.

FMTools is copyright © 1997 - 2003 by Paul Jansen. All rights are reserved.

FMTools uses Info-ZIP's compression utilities. Info-ZIP's software (Zip, UnZip and related utilities) is free and can be obtained as source code or executables from various anonymous-ftp sites, including ftp.uu.net:/pub/archiving/zip/*.

Please Contact Us for information on Developer Licencing