Product License Agreement

Limited Product Warranty

Trademark Acknowledgements

Product License Agreement

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE OPENING THE SOFTWARE PACKAGE. Opening and using this package for any purpose indicates your acceptance of the terms and conditions of this License Agreement. If you do not agree with them, you should promptly return the package unopened and your money will be returned.

AccessWare, Inc. provides this program and licenses its use in the United States, Puerto Rico or internationally. You assume the responsibility for the selection of the program to achieve your intended results, and the installation, use and results obtained from the program.

LICENSE

1. You may install and use the program on a single machine of the make and model for which the license was ordered.

2. You may not permit concurrent access to the program by more users than the number of users for which the license was ordered.

3. You may make archival backup copies of the program for the sole purpose of supporting your single program on a single machine.

4. You may transfer the program and license to another party if that party agrees to accept the terms and conditions of this agreement. If you transfer the program, you must at the same time either transfer all backup copies of the program, no matter in what format or on what media it has been transcribed, to the same party or destroy any backup copies not transferred. If you transfer the program to another user, your license is automatically terminated. Transfer of a program outside the country in which you take delivery is not permitted without AccessWare, Inc. written consent.

5. YOU MAY NOT USE, COPY OR TRANSFER THIS PROGRAM IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE. IF YOU TRANSFER POSSESSION OF ANY BACKUP COPY YOUR LICENSE IS AUTOMATICALLY TERMINATED.

TERM

This license is effective until terminated. It will terminate if you fail to comply with any term or condition of this License Agreement. You agree, upon such termination, to destroy the program and all copies, which were made from it.

Limited Warranty

ACCESSWARE, INC. WARRANTS THE PHYSICAL MEDIA ON WHICH THE PROGRAM IS FURNISHED AND PHYSICAL DOCUMENTATION TO BE FREE OF DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF DELIVERY TO YOU AS EVIDENCED BY YOUR RECEIPT. THIS PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. ACCESSWARE, INC. SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN PARTICULAR, WITH RESPECT TO ANY PARTICULAR APPLICATION, USE OR PURPOSES. IN NO EVENT SHALL ACCESSWARE, INC. BE LIABLE FOR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCESSWARE, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.

LIMITATION OF REMEDIES

AccessWare, Inc. entire liability and your exclusive remedy shall be the replacement of any media not meeting the AccessWare, Inc. "Limited Warranty" which is returned to AccessWare, Inc. with a copy of your receipt within the warranty period.

THE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE LIMITED TO THE REPLACEMENT AND SHALL NOT ENCOMPASS ANY OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, THE LOSS OF PROFIT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER SIMILAR CLAIMS ARISING OUT OF THE USE OR INABILITY TO USE SUCH PROGRAM EVEN IF ACCESSWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER THIRD PARTY.

GENERAL

This agreement is be governed by the laws of the State of Texas.

Should you have any questions concerning this Agreement, you may contact AccessWare, Inc. by writing to:

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US. IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Trademark Acknowledgements

All terms used in this manual that are known to be trademarks or service marks are listed below.

AccessWare, Inc. cannot attest to the accuracy or completeness of this information.

The use of a term in this manual should not be regarded as affecting the validity of any trademark or service mark.

Product names mentioned which are not the property of AccessWare, Inc. are/may be trademarks or registered trademarks of their respective companies.

AccessPoint is a trademark of AccessWare, Inc.

AccessWare is a trademark of AccessWare, Inc.

UNIX is a registered trademark of AT&T Bell Laboratories.

X is a registered trademark of Massachusetts Institute of Technology.