LICENSE AGREEMENT AND LIMITED WARRANTY By using this Product, you indicate your acceptance of the terms of this legal agreement between you (the end user) and Haywood & Sullivan ("H&S"). The Product is provided to you upon the condition that you agree to the terms of this Agreement. If you do not agree to the terms of this Agreement and do not want your act of using this Product to indicate your acceptance of the terms of this Agreement, promptly return the entire Product, including the disc(s) together with all accompanying items to your dealer for a full refund. The enclosed files(s) contain both Software and Materials. The term "Materials" includes, but is not limited to, data, text, visual, audio, and audiovisual material. The Software and Materials in the Product are owned by H&S or by other parties ("Suppliers") who have provided Software and/or Materials to H&S under license. The Product is protected by U.S. and international copyright laws and treaties. H&S grants you the non-exclusive right to use one copy of the Product for personal use only under the terms set forth herein. Unauthorized use, copying or transfer of any or all of the Product is punishable by both civil and criminal penalties. All rights not expressly granted are reserved by H&S or its Suppliers. Nothing in this Agreement constitutes a waiver of the rights of H&S or its Suppliers under the United States Copyright Act or any other federal or state law. The rights granted under this Agreement are non-transferable, except as provided below. You May: _ Install and use the Software on any compatible computer, provided you use the Software by only one user and on only one computer at a time and not as part of transmission on a computer network. _ Copy certain Material from the disc(s) to one or more hard disks, but only under control of the Software and only for the purpose of locating Material contained on the disc(s). _ Create a single copy of the Product or portions thereof for backup or archival purposes only. _ Transfer the complete Product on a permanent basis, provided that you retain no copies and the recipient agrees in writing to the terms of this Agreement. Such transfer of possession terminates your license from H&S. You Shall Not: - Use, copy or transfer copies of the Product, or any portion thereof, except as specifically provided in this License Agreement. _ Make the Product or any portion thereof accessible to others via network or other multi-user arrangement, the Internet, or via an electronic bulletin board system or other remote access arrangement. _ Reproduce, publish, sell, distribute or otherwise use any portion of the Product, including but not limited to any Material, in a manner that infringes any copyright or other proprietary interest of H&S or any of its suppliers. _ Rent, lease, license or otherwise transfer the Product or any portion thereof without the express written consent of H&S, except that you may transfer the complete Product on a permanent basis as provided above. _ Reverse engineer, decompile, disassemble, modify, alter or adapt the Product. _ Sublicense the Product or any portion thereof, to another party, or create derivative versions of the Product. Limited Warranty H&S warrants, to the original licensee only, that the media upon which the Product is recorded shall be free from defects in material and workmanship under normal use and service for a period of ninety (90) days from the date of purchase of the original license. Exclusive Remedy H&S' entire liability for a breach of the Limited Warranty set forth above or otherwise, and your exclusive remedy shall be, at H&S' option, either (a) the repair or replacement of the Product that does not conform to H&S' Limited Warranty and which is returned to H&S with a copy of your receipt; or (b) a refund of the price, if any, you paid for the Product and associated materials as substantiated with proof of purchase. To make a warranty claim, please return the ENTIRE PRODUCT together with your proof of purchase to your dealer or H&S during the warranty period. The Limited Warranty above is void if the failure of the media upon which the Product is recorded has resulted from accident, abuse, or misapplication not caused by H&S. No Other Warranties WITH RESPECT TO THE PRODUCT AND ITS OPERATIONS, MEDIA AND THE ACCOMPANYING WRITTEN MATERIALS, H&S AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, OTHER THAN THE ABOVE "LIMITED WARRANTY" BY H&S, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. H&S DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. NO H&S DEALER, DISTRIBUTOR, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE. You acknowledge and agree that the Product is not a "consumer good" as defined by the Uniform Commercial Code, and that this Agreement and your use of the Product shall not be governed by, or subject to, either the Uniform Commercial Code (UCC) or any State's adaptation thereof, or the United Nations Convention on the International Sale of Goods (UNCISG). Limitations on Damages IN NO EVENT SHALL H&S BE LIABLE TO FOR INCIDENTAL, SPECIAL, RELIANCE, INDIRECT, FORESEEABLE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFIT OR DAMAGES STEMMING FROM INACCURATE MATERIALS OR LOSS OF MATERIALS, EVEN IF H&S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL H&S' LIABILITY FOR ANY REASON EXCEED THE AMOUNT OF THE LICENSE FEE. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO H&S DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY. Some states do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. U.S. Government Restricted Rights Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Materials and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. The Contractor/ manufacturer is Haywood & Sullivan, Inc., 1354 Hancock Street, Suite 306, Quincy, Massachusetts 02169. Exports No part of the Product may be exported outside the United States, except as specifically authorized in writing by H&S and as authorized and permitted by the laws and regulations of the United States. If the Product was obtained outside of the United States, no part of the Product may be re-exported outside the United States, except as authorized and permitted by the laws and regulations of the United States and regulations of the jurisdiction in which you obtained the Product. Controlling Law and Severability This Agreement is governed by and construed in accordance with the laws and in the State and Federal Courts of the United States of America and the Commonwealth of Massachusetts, as applied to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents. You waive any objections to the personal jurisdiction and venue of such Courts. If, for any reason, a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. Termination This license and your right to use the Product automatically terminate if you breach any provision of this license. Upon termination of this license, you must destroy the entire Product or return it to H&S and you must destroy or permanently erase all Materials and Software copies in your possession or control in other media.