Licence Agreement

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END-USER LICENCE AND SUPPORT AGREEMENT FOR RMS SOFTWARE

IMPORTANT-READ CAREFULLY: This RMS End-User Licence and support Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and RMS (Aust) Pty Ltd for the RMS software identified above, which includes computer software components and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.

SOFTWARE LICENCE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licenced, not sold.

1. GRANT OF LICENCE. This EULA grants you the following rights:

(a) Use with existing RMS products for which you have previously acquired a licenced copy. Subject to the terms of this EULA, RMS grants to you as an individual, a personal, nonexclusive licence to make and use one copy of the SOFTWARE. You have the additional right to make and use up to that number of copies of the SOFTWARE equal to the number of copies of such RMS Product(s) that you have previously licenced.

(b) Use the SOFTWARE and have access to the full range of Customer Support services provided by RMS (Aust.) Pty Ltd for a period of one year from the date the licence and support fee payment is received. An annual licence renewal fee will apply for subsequent years.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Failure to pay the annual licence renewal fee by the due date will result in the SOFTWARE displaying a warning notice indicating the number of days before RMS will change to a Read Only status. This warning will be displayed for the thirty (30) days preceding licence expiry. Should payment not be received by the expiry of the warning period, RMS will go into a Read Only mode and it will not be possible to add any further data until payment is received.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Separation of Components. The component parts of the SOFTWARE may not be separated for use on more than one computer.

Support Services. RMS may provide you with support services related to the SOFTWARE ("Support Services"). Use of Support Services is governed by the RMS polices and programs described in the user manual, in "online" documentation, and/or in other RMS-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to RMS as part of the Support Services, RMS may use such information for its business purposes, including for product support and development. RMS will not utilize such technical information in a form that personally identifies you.

Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the SOFTWARE to any third party without prior written approval from RMS.

Termination. Without prejudice to any other rights, RMS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

3. UPGRADES. If the SOFTWARE is labelled as an upgrade, you must be properly licenced to use software identified by RMS as being eligible for the upgrade in order to use the SOFTWARE. SOFTWARE labelled as an upgrade replaces and/or supplements the software that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded software only in accordance with the terms of this EULA. If the SOFTWARE is an upgrade of a component of a package of software programs that you licenced as a single product, the SOFTWARE may be used only as part of that single product package and may not be separated for use on more than one computer.

4. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by RMS or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.

5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE.

6. LIMITED WARRANTY

NO WARRANTIES. RMS expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE remains with you.

NO LIABILITY FOR DAMAGES. In no event shall RMS or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this RMS SOFTWARE, even if RMS has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

7. LICENCE INTEGRITY

RMS may cause data from the SOFTWARE installed at your site to be automatically transferred to RMS, to maintain licence integrity and to ensure the user details held by RMS are current. The only data to be so transferred is contained on the General Information page of the Set up menu.

Transfer will be achieved automatically for sites connected to the internet. Sites not connected to the internet will be required to undertake a periodic manual transfer of their property details to maintain licence integrity.

Failure to maintain licence integrity will cause the "Read Only" provisions detailed in Section 2 above, to apply.

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