-------------------------------------------- Risk Register Database Application Version 1 Demonstration Build: #1 Dated: 22 July 2008 Author: 4-consulting Ltd WWW: http://www.4-consulting.com email: sales@4-consulting.com -------------------------------------------- END-USER LICENSE AGREEMENT FOR THIS ACCESS DATABASE APPLICATION IMPORTANT - READ CAREFULLY: -------------------------------------------- THIS IS A LEGAL AGREEMENT BETWEEN YOU AND 4 CONSULTING LTD, INCLUDING ITS AUTHORISED AGENTS AND DISTRIBUTORS ("4-CONSULTING"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION, IN WHATEVER MEDIA FORMAT, OF THE RISK REGISTER DATABASE APPLICATION, INCLUDING ASSOCIATED WRITTEN DOCUMENTATION (THE "RISK REGISTER DATABASE APPLICATION"). BY INSTALLING THIS RISK REGISTER DATABASE APPLICATION, YOU HAVE CHOSEN TO ACCEPT ALL THE TERMS OF THIS LICENSE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE RISK REGISTER DATABASE APPLICATION. 1. GRANT OF LICENSE: a. This is a license, not a sale of the Risk Register database application; b. 4-consulting grants the user the non-exclusive and non-transferable right to use this program and documentation for evaluation purposes only. c. Single-User Licensees shall only use the Risk Register database application on a single computer subject, however, to the limited exception that you may use the Risk Register database application on a second (portable or home) computer provided it is used only by you and provided only one copy of the Risk Register database application is used at one time; d. The produced menus and their respective Outputs shall only be used on Internet or Intranet web sites that reside on a web server. e. The acceptance of the terms and conditions of this agreement does not confer any rights of ownership over the aforementioned programs or products belonging to 4-consulting or its Risk Register database application suppliers. 2. COPYRIGHT, TRADEMARKS AND TRADE SECRETS: a. 4-consulting owns intellectual property rights in the Risk Register; b. Further, the Risk Register database application’s structure, sequence, organisation and code are the valuable trade secrets of 4-consulting; c. The Risk Register database application is protected against unauthorised use by United Kingdom copyright laws and international treaty provisions; d. This Agreement does not grant you any intellectual property rights in the Risk Register database application. Unpublished rights are reserved. 3. PASSWORD and CONFIDENTIALITY: a. Upon payment of the License Fee, you will be provided with a confidential password to unlock your installation. b. You shall, at all times and without exception, maintain the confidentiality of the Password. Specifically, you shall not disclose the information associated with the Password to any other person, corporation or any other entity. c. The user may give 4-consulting any information about the functioning of the program, problems and improvements that the user may consider necessary. These reports can be used by 4-consulting for any purpose, without the user's consent or any obligation on the part of 4-consulting to the user. 4. PROHIBITED USES: a. The user agrees not to sell, lend, lease or transfer in any way copies of this program, documentation and/or any other information or material provided by 4-consulting as a consequence of the user accepting this agreement. b. The user agrees not to disclose any information concerning the Risk Register database application or any information given by 4- consulting to any third parties without the written consent of 4- consulting. c. You may not reverse-engineer, decompile, disassemble, modify, translate, or create derivative works; d. You may not display the Risk Register database application code in human-readable form; e. You may not use the Risk Register database application Output on distributed Risk Register database application. A special license is required for such use. f. Without limiting the foregoing, you may not do anything with the Risk Register database application or Password that is not expressly permitted by this Agreement. 5. TRANSFER: a. Transfer of Password and Installed Risk Register database application: -------------------------------------------------- Subject to the terms of this Agreement, you may not copy, transmit, assign, rent, lease, sublicense, distribute, lend or otherwise transfer the Password or installed database and you may not sell or license to others the right to use the Password or installed database application in whole or in part. b. Transfer of Risk Register database application Distribution Program: --------------------------------------------- Subject to the terms of this Agreement, you may copy, transmit and distribute the Risk Register database application to others for the sole purpose of evaluation provided no modifications or additions are made to the Risk Register database application or any associated files and provided it is not bundled in a distribution with any other Risk Register database application. 6. ENHANCEMENTS: a. 4-consulting is not responsible for any problems that may arise due to the use of the Risk Register database application with current or future versions of Windows operating systems, Microsoft Office or Microsoft Access. 7. DURATION. a. 4-consulting and/or the user can terminate this agreement without cause, through written notification to the other party. b. The user must destroy the program and any copies within five days of the date of expiry of this license agreement, unless 4- consulting gives written authorisation to the contrary. c. All provisions related to confidentiality will remain effective after the agreement has ended. 8. GENERAL a. The user authorises 4-consulting or its legal representative to visit him/her in order to verify that the conditions of this license are met. The user knows and accepts that 4-consulting may take legal proceedings should the user not adhere to this agreement. The present agreement is governed by European Union laws and in the event of any doubt or disagreement about its interpretation or effects, the only competent authority will be the Scottish courts of Justice. Both parties expressly renounce any other jurisdiction that may correspond to them. This license agreement represents the entire agreement between the user and 4- consulting. This license agreement supersedes any prior license agreements between the user and 4-consulting. If any provision in this agreement is against the law, that provision will be considered void, without affecting the totality of the agreement or implying that the agreement is void. 9. TERM: a. This Agreement is effective from the time you open the Risk Register database application until this Agreement is terminated; b. Subsequently, if you do not wish to be bound by this Agreement, you shall terminate this Agreement by notifying 4-consulting in writing, at one of the addresses below, of such termination; c. Further, this Agreement will terminate immediately and without further notice if you fail to comply with any provision of this Agreement; d. Upon termination of this Agreement, for any reason, you agree to destroy all copies of the Risk Register database application by uninstalling, deleting or taking any steps necessary to render the Risk Register database application unusable. 10. SURVIVAL UPON TERMINATION: a. All obligations of confidentiality, rights associated with intellectual property and restrictions on use and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason. 11. WARRANTY DISCLAIMERS: a. The Risk Register database application is licensed to you on an "as is" basis; b. To the extent permitted by law, 4-consulting expressly disclaims all warranties and conditions, of any kind, express, statutory or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose; c. The entire risk as to the quality and performance of the Risk Register database application is with you. Should the Risk Register database application or documentation prove defective, you (and not 4-consulting) assume the entire cost of all necessary servicing or repair. d. 4-consulting does not warrant that the functions contained in the Risk Register database application will meet your requirements or operate in the combination that you may select for use, that the operation of the Risk Register database application will be uninterrupted or error free, or that defects in the Risk Register database application will be corrected. No oral or written statement by 4-consulting or its authorised agents or distributors shall create a warranty or increase the scope of this warranty; e. 4-consulting further does not provide any warranty with respect to the detection or elimination of computer viruses in any form; f. 4-consulting does not warrant the Risk Register database application against infringement or the like with respect to any copyright, patent, trade secret, trademark or other proprietary right of any third party and does not warrant that the Risk Register database application does not include any virus, Risk Register database application routine or other Risk Register database function designated to permit unauthorised access, to disable, erase or otherwise harm Risk Register database application, hardware or data, or to perform any other such actions; g. Some states or jurisdictions do not allow the exclusion of implied warranties, conditions or limitations, so the above may not apply to you and your rights may vary from jurisdiction to jurisdiction. Any warranties that, by law survive the foregoing disclaimers, shall terminate sixty (60) days from the date you installed the Risk Register database application 12. LIMITATION OF LIABILITY: a. Your sole remedies and 4-consulting's entire liability for the Risk Register database application are set forth in this agreement. In no event will 4-consulting be liable for direct, indirect, incidental, consequential or special damages, including any lost profits or lost savings, resulting from the use of the Risk Register database application, the inability to use the Risk Register database application, or any defect in the Risk Register database application, even if 4-consulting have been advised of the possibility of such damage, or for any claim by any third party; b. You agree that 4-consulting shall not be liable for defence costs or indemnity with respect to any claim against you by any third party arising from your possession or use of the Risk Register database application; c. In no event shall 4-consulting's maximum aggregate liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the license fee you paid for the Risk Register database application; d. The limitations imposed by this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term; e. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 13. NOT INTENDED FOR HIGH-RISK ACTIVITIES: a. The Risk Register database application is not designed, manufactured or intended for use as online equipment control equipment in hazardous environments requiring fail-safe performance, such as, but not limited to, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Risk Register database application could lead directly to death, personal injury, or severe physical or environmental damage. 4-consulting specifically disclaims any express or implied warranty of fitness for any high risk uses listed above. 14. GOVERNING LAW AND INTERPRETATION: a. The rights and obligation of the parties under this agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods; b. If any provision of this Agreement is held to be illegal, void or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Agreement shall remain in force and effect and the invalid provision deemed modified to the least degree necessary to remedy such invalidity. 15. NOTICE TO U.S. GOVERNMENT END USERS: a. The Risk Register database application may be "Commercial Items" as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.2112 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed in this Agreement to United States Government licensees (A) only as Commercial Items and (B) with only those rights as are granted to all other licensees pursuant to the terms and conditions herein. 16. ENTIRE AGREEMENT: a. This Agreement is the entire agreement between you and 4-consulting and supersedes all prior agreements, oral or written with respect to this license. b. Questions concerning this Agreement may be directed to 4-consulting at: sales@4-consulting.com c. Email address for termination of this Agreement:sales@4- consulting.com Copyright 2008 by 4-consulting. All rights reserved.