LICENCE AGREEMENT The copyright and other intellectual property rights in this software ("the Software") and its associated documentation are owned by Burns Statistics Limited ("the Owner"). YOU MUST ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW BEFORE YOU ARE ENTITLED TO INSTALL THE SOFTWARE. BY INSTALLING THE SOFTWARE YOU AGREE TO BECOME A LICENCEE TO THIS LICENCE AGREEMENT ("the Licence") AND CONSENT TO BE BOUND BY ITS TERMS. This Licence is applicable throughout the 30 day demonstration period ("the Demo Period") save that the provisions of clauses 2.1 and 2.2 shall not apply. If you wish to continue to use the software, you should contact the Owner to pay the licence fee as described below. The Owner shall then enable you to use the Software for as long as this Licence subsists. 1. Grant of Licence 1.1 By agreeing to theses terms the Owner grants you a non-exclusive, non-transferable limited licence to use the Software strictly in accordance with the terms and conditions of this Licence. 2. Payment of Licence Fee 2.1 The demo version allows you to evaluate the Software for the Demo Period. During the Demo Period you will not be required to pay the licence fee. 2.2 At the end of the Demo Period and if you wish to continue using the Software you should contact the Owner at the address set out below to confirm that you would like the Licence to continue and to forward the payment of your licence fee. The Licence Fee is set out at www.burns-stat.com in the Software Products section. Payment may be made by cheque forwarded to the address set out at the end of this Licence or by bank transfer. 2.3 Upon receiving the licence fee, the Owner will issue you a key that will allow you to use the software for an indefinite period of time solely in accordance with the terms and conditions of this Licence. 3. Licence 3.1 You are permitted to: - 3.1.1 install the Software into and use it on a single computer which is under your control; 3.1.2 transfer the Software from one computer to another provided it is used on only one computer at any one time; 3.1.3 use the Software on a computer network provided you have purchased such number of copies of the Software equal to one-tenth the maximum number of copies of the Software in use on that network at any one time; 3.1.4 make up to 3 copies of the Software for back-up purposes only in support of the permitted use. The copies must reproduce and include the Owner's copyright notice, such copies and the media on which they are stored shall be the property of the Owner and this Licence shall apply to all such copies as it applies to the Software; 3.1.5 transfer the Software (complete with all its associated documentation) and the benefit of this Licence to another person provided he has agreed to accept the terms of this Licence and you contemporaneously transfer all copies of the Software you have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this Licence shall automatically terminate. The transferor does not retain any rights under this Licence in respect of the transferred Software. 3.2 You are not permitted: - 3.2.1 to install the Software on to a network server for the purpose of distribution to one or more other computer(s) on that network or to effect such distribution unless you have complied with the provisions of clause 3.1.3; 3.2.2 except as expressly permitted by this Licence and save to the extent and in the circumstances expressly required to be permitted by law, to rent, lease, sub-licence, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its associated documentation or use, reproduce or deal in the Software or any part thereof in any way. 3.3 To the extent that local law gives you the right to decompile the Software in order to obtain information necessary to render the Software interoperable with other computer programs, the Owner hereby undertakes to make that information readily available to you. The Owner shall have the right to impose reasonable conditions such as a reasonable fee for doing so. In order to ensure that you receive the appropriate information, you must first give the Owner sufficient details of your objectives and the other software concerned. Requests for the appropriate information should be made to Burns Statistics Limited at support@burns-stat.com. 4. Term 4.1 This Licence is effective until you terminate it by destroying the Software and its documentation together with all copies. 4.2 The Owner may terminate this Licence if you fail to abide by any of the terms set out herein in particular, but not limited to, the payment obligation set out in clause 2.1. 4.3 Upon termination you agree to destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer under your control. 5. Ownership 5.1 The Owner shall at all times retain ownership of the Software and of all other intellectual property and like proprietary rights subsisting in or used in conjunction with the Software. This Licence applies to the grant of the licence contained herein only. The Owner's warranties under this Licence are available only to the original registered user (being the person who has accepted this Licence by clicking "Next" below). 6. Warranties 6.1 The Owner warrants that the Software supplied will be free from defects in materials and workmanship under normal use for a period of 90 days after the date of original purchase ("the Warranty Period"). 6.2 The Owner warrants that the Software will perform substantially in accordance with its accompanying documentation (provided that the Software is properly used on the computer and with the operating system for which it was designed) and that the documentation correctly describes the operation of the Software in all material respects. If the Owner is notified of significant errors during the Warranty Period, it will correct any such demonstrable errors in the Software or its documentation within a reasonable time or (at its option) provide or authorise a refund (against return of the Software and its documentation). 6.3 The above represent your sole remedies for any breach of the Owner's warranties, which are given only to the original registered user. 6.4 The express terms of this Licence are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law. 6.5 The Owner does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or that defects in the Software will be corrected. You shall load and use the Software at your own risk and in no event will the Owner be liable to you for any loss or damage of any kind (except personal injury or death resulting from the Owner's negligence) including lost profits or other consequential loss arising from your use of or inability to use the Software or from errors or deficiencies in it whether caused by negligence or otherwise except as expressly provided herein. In no event shall the Owner's liability exceed the amount paid by you for the Software. 7. Support 7.1 The Owner's technical support staff will endeavour to answer by email any queries the original registered user may have regarding the use of the Software or its application for a period of 60 days after the first support service request, which must be made within the Warranty Period. 8. Right of Refusal 8.1 The Owner reserves the right to reject any application for a Licence for the Demo Period or for a continuing Licence to any person, firm or company. This right shall be exercised at the sole discretion of the Owner. 9. Waiver 9.1 No forbearance, delay or indulgence by either party in enforcing the provisions of this Licence shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative. 10. Third Parties 10.1 The parties confirm their intent not to confer any rights on any third parties by virtue of this Licence and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Licence. 11. Law 11.1 This Licence shall be governed by and construed in accordance with the laws of England and Wales . If you have any questions concerning this Licence, please write to patrick@burns-stat.com or by post at Burns Statistics, 4-b Jodrell Road, London, E3 2LA, United Kingdom.