AUTOCOL SOFTWARE (TRIAL VERSION) TERMS AND CONDITIONS APRIL 2002 This software was designed and written by Mike Overton of FeedBack Software. The Windows version was edited, compiled, linked and made by Borland International Inc's CPP Builder 4. Terms Used ---------- In this document: 'The Software' includes this file, the executable .exe file and any other file contained in the installation directory of the software, with the exception of the data files containing information input by you, and any files distributed by The Company which are owned by Borland International which remain their property, and are used with their permission. 'The Specification' is the description of what the software is expected to achieve, and is detailed in the document entitled 'Program Specification and Quote',which formed part of the order for the software. 'The Company' is FeedBack Software, the authors and designers of this software. Conditions Of Sale & Licence Agreement. --------------------------------------- Installing and running the software provided in this directory is subject to certain conditions, acceptance of which occur upon running the software. Grant of License. The Company grants to you the right to use this software program. For the purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device. You may not: modify, translate, disassemble, decompile, reverse engineer, or create derivative works based upon the Software. Not including the initial installation, you agree not to copy the software onto any medium for any purpose, and that he software will only be installed on one computer at any one time, unless permission is granted by The Company in writing. Any infringement of this will result in a breach of these conditions of sale, and the Software may be withdrawn. The Company reserves the right to enter premises and check for any breach of these Conditions. Should The Company discover illegal copies of The Software used by a third party, and the software is traced back to The User, this agreement will also be breached, and The User's software deemed to be counterfeit. ANY ATTEMPTED MODIFICATION TO THE SOFTWARE IS STICTLY FORBIDDEN. THE PROGRAM MAY CAUSE DAMAGE TO FILE ALLOCATION TABLES REGISTRIES BIOS OR OTHER SETTINGS DATA OR INFORMATION ON THE HOST SYSTEM IF TAMPERED WITH. THE COMPANY ACCEPTS NO RESPONSIBILITY FOR ANY DAMAGE WHETHER DATA LOSS, LOSS OF EARNINGS OR ANY CLAIM. YOU AGREE BY ACCEPTING THESE CONDITIONS THAT NO ACTION AGAINST THE COMPANY TO RECOVER ANY LOSSES WILL BE TAKEN. The Software remains at all times the sole property of The Company, and these terms allow you to use the software for the purpose intended for a period limited in time only by the breach of this agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN THE COMPANY AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN THE COMPANY AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. Exclusive Remedies. You agree that your exclusive remedy against the company,its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action,whether in contract, tort, including negligence, strict liability or otherwise, shall be the return of a proportion of the retail purchase price paid based on the proportion of defect in the software, if any, or replacement of the Software. IN ANY CASE, THE COMPANY SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS,LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF THE COMPANY OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. FeedBack Software. February 2001. END OF CONDITIONS OF SALE AND LICENCE AGREEMENT. -----------------------------------------------