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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.

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.

If this installation of the FMTools Software has been supplied with a database solution it is licenced for use with that solution. The remainder of this agreement still applies with respect to all other use of the FMTools Software.

If you have not requested a Licence for the use of the Software, then we grant to you a non-transferable and non-exclusive licence to install and use the Software for evaluation purposes only for a limited period of 30 days from first installation.

1. Single User Licence

The software to be used only on a single computer with the single exception that it may also be used on one Laptop Computer system as long as the Laptop user is also the primary user of the licensed computer system.

2. Site Licence

The software may be installed and used on any computer owned by the organization making the purchase, within a 80 km (50 mile) radius of the purchasing location. This includes people from that organization location who are travelling but it does not include people with locations outside of the 80 km radius.

3.Worldwide Organisation Licence

The software may be installed and used on any computer owned by the organization making the purchase.

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/*.