HWM LICENCE AGREEMENT Carefully read all the terms and conditions of this agreement prior to using this Software. By breaking the media seal you indicate your acceptance of these terms and conditions. Licence: You have the non-exclusive right to use the enclosed Program on a single CPU. You may physically transfer the Program from one CPU to another provided that the Program is used only by the licensed company. You may not distribute copies of the Program or related documentation to others. You may not modify or translate the Program or related documentation without the prior written consent of HWM. You may not use, copy, modify or transfer the Program or documentation, or any copy thereof, or permit anyone else to do so, except as expressly provided in this agreement. Back-up and Transfer: You may make one (1) copy of the Program solely for your own back-up purposes. You must reproduce and include the copyright notice on the back-up copy. Transfer of Program and licence to another party may only be made after written approval from HWM, provided the other party agrees to the terms and conditions of this agreement and completes and returns a Product Registration Form to HWM. If you transfer the Program you must at the same time transfer the documentation and back-up copies or transfer the documentation and destroy the back-up copies. Copyright: The Program and its related documentation are copyrighted. You may not copy the Program or its documentation except for your own back-up purposes and to load the Program into the computer as part of executing the Program. All other copies of the Program and its documentation are in violation of this Agreement. Terms: This licence is effective until terminated. You may terminate it by destroying the Program and documentation and all copies thereof. The licence will also terminate if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy all copies of the Program and documentation. Warranty: HWM warrants to the original licensee that the CD-ROM on which the Program is recorded be free from defects in materials and workmanship under normal use and service for a period of 90 days from the date of delivery to you as evidence by a copy of your invoice. During this period HWM warrants that each program which is designated by HWM as warranted in its program specifications, supplied with the program, will conform to such specifications provided that the program is properly used on the machine for which it was designed. If you believe that there is a defect in a warranted program such that it does not meet its specifications, you should notify HWM within the warranty period (the warranty period may be extended by signing a software update agreement with HWM) in a manner set forth in the program specification. All back up copies are provided "as is" without warranty of any kind, either express or implied. The entire risk as to quality and performance of the Program is with you. Should the Program prove defective, you assume the entire cost of all necessary servicing, repair or correction. HWM does not warrant that the functions contained in any program will meet your requirements or that the operation of the Program will be uninterrupted or error-free or that the programs defects will be corrected. The foregoing warranties are in lieu of all other warranties, express or implied, including but not limited to, the implied warranties of merchantibility and fitness for a particular purpose. HWM is not responsible for problems caused by changes made after the publication of the software in the operating characteristics of the computer hardware, test instruments or operating systems, nor for problems in the interaction of the Program with non-HWM software components. Limitation of Remedies: HWM's entire liability and your exclusive remedy shall be as follows: a. With respect to defective media during the warranty period, HWM will replace media not meeting HWM's "limited warranty", if returned to HWM with a copy of your receipt. b. With respect to warranted programs, in all situations involving performance or non-performance during the warranty period, your remedy is (1) the correction or bypass by HWM of program defects or (2) if, after repeated efforts, HWM is unable to make the Program operate as warranted, you shall be entitled to a refund of the money paid. In no event will HWM be liable to you for any lost profits, lost saving or other incidental or consequential damages arising out of the inability to use any program even if HWM have been advised of the possibility of such damages, or for any claim by any other party. Update Policy: In order to be able to obtain updates of the Program during the warranty period, the licensee and persons to whom the Program is transferred in accordance with this agreement must complete and return the attached User Registration Form to HWM. If this registration form has not been received by HWM, HWM is under no obligation to make available to you any updates. Miscellaneous: This licence agreement shall be governed by the laws of England and shall inure to the benefit of HWM, its assigns and successors. Acknowledgement: You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You also agree that this agreement is the complete and exclusive statement between the parties and supersedes all proposals or prior agreements, verbal or written, and any other communications between the parties relating to the subject matter of this agreement. Should you have any questions concerning this agreement, please contact HWM in writing at the relevant address : UK Office Halma Water Management Ty Coch House Llantarnam Park Way CWMBRAN UK NP44 3AW Main Tel: +44(0)1633 489479 Help Tel: +44(0)1633 627876 Fax: +44(0)1794 52 8760 Web: http://www.hwm-water.com Help email: cservice@hwm-water.com Sales email: sales@hwm-water.com