RPTMART FOR CR ("rptMart") SOFTWARE LICENSE AND LIMITED WARRANTY This is an agreement between you, the end user, and rmSupport Solutions Pty Ltd, ABN 85100497630 ("rmSupport"). By using this software, you are agreeing to become bound by the terms of this agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. REMOVE IT FROM YOUR COMPUTER. GRANT OF LICENSE RMSUPPORT, as Licensor, grants to you, the Licensee, a non-exclusive right to use this software program (the "Software") in accordance with the terms contained in this license. OWNERSHIP OF SOFTWARE RMSUPPORT retains the copyright, title and ownership of the SOFTWARE and the written materials regardless of the form or media in or on which the original and other copies may exist. MODIFICATION You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE. TRANSFER You may transfer the SOFTWARE from one computer to another computer or person provided that the SOFTWARE is transferred without modification and the recipient agrees in full with the terms of this License agreement. UNREGISTERED EVALUATION VERSION Provided you comply with ALL provisions of this License agreement you may freely use the unregistered version of the SOFTWARE for any of the following A. Your personal, private use B. Evaluation purposes in a business or organization for a period of up to three(3) months C. To demonstrate the SOFTWARE either within your organization or to other entities You may NOT use the unregistered evaluation version within a business or organization except as explicitly allowed for in (B) or (C) above. REGISTRATION The SOFTWARE can be registered with RMSUPPORT by paying the then current registration fee for the number of concurrent user sessions that you require (such fees being determined solely by RMSUPPORT). After registration the 'Unregistered Evaluation Version' clause shall not apply. LIMITATION OF INSTALLATION OF REGISTERED VERSIONS After registration you may install registered versions of RPTMART on as many computers as you might reasonably require PROVIDED that each installation references exactly the same physical RPTMART database. For example, if you have a 10 session license, you are permitted to install on, say, 20 computers PROVIDED that each one references exactly the same physical RPTMART database. YOU ARE NOT PERMITTED TO INSTALL OR HAVE INSTALLATIONS WHERE DIFFERENT RPTMART DATABASES ARE BEING USED. SUCH INSTALLATIONS REQUIRE SEPARATE REGISTRATION. YOU MUST HAVE ONE (1) REGISTRATION FOR EACH RPTMART DATABASE IN USE. TERMINATION This License terminates automatically without notice from RMSUPPORT if you fail to comply with any provision of this License. Upon termination you shall remove the SOFTWARE from your computer(s). Neither termination nor payment of any registration fee(s) shall in any way prejudice any rights that RMSUPPORT has because of your failure to comply with any provision of this License agreement. LIMITED WARRANTY THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. RMSUPPORT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, SUITABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT RMSUPPORT OR ITS DEALERS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. RMSUPPORT DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT IS MADE BY RMSUPPORT, ON THIS RMSUPPORT PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RMSUPPORT, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. NEITHER RMSUPPORT NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF RMSUPPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will RMSUPPORT's liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE. This License shall be governed and construed in accordance with the laws of Queensland, Australia and shall benefit RMSUPPORT, its successors and assigns. This Agreement constitutes the entire agreement between you and RMSUPPORT. ACKNOWLEDGMENTS BY USING RPTMART YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LIMITED WARRANTY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS LIMITED WARRANTY IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LIMITED WARRANTY.