Acute Vision 2005 5.2

EULA - End User License Agreement

END-USER LICENSE AGREEMENT FOR TMO ACUTE VISION

IMPORTANT-READ CAREFULLY

NOTICE: By installing, operating, copying, distributing, or otherwise using TMO ACUTE VISION, you agree to the terms of this Shareware License Agreement. If you do not agree to the terms of this Agreement, DO NOT INSTALL TMO ACUTE VISION.

LICENSE. Conditioned on you honoring the terms of this Agreement, TMO Software Pty Ltd (TMO Software) grants you a non-exclusive, non-transferable license (the License) to install and use the current version of TMO Software’s software product TMO ACUTE VISION, including the accompanying user documentation (collectively, TMO ACUTE VISION), for your personal, lawful, non-infringing use on a single personal computer or workstation per paid registration in accordance with this Agreement. TMO ACUTE VISION is shareware. A license key must be obtained from TMO Software to convert the unregistered form of TMO ACUTE VISION into the registered product. TMO ACUTE VISION is not sold. It is licensed by TMO Software to the original customer and to any subsequent licensee for use only on the terms specified by this agreement.

TRIAL PERIOD. The License extends for a total of 15 program executions following your first installation of TMO ACUTE VISION to permit you to evaluate TMO ACUTE VISION. The License will terminate automatically after the 15th use unless you register your copy of TMO ACUTE VISION first. Unrestricted use of TMO ACUTE VISION is limited to one Trial Period.

LONG TERM LICENSE. If you register your copy of TMO ACUTE VISION with TMO Software and pay the License Fee, the License will remain in effect perpetually unless terminated as provided below.

TRIAL DISTRIBUTION. You may provide copies of TMO ACUTE VISION to others for their trial use so long as you:

(a) provide exact, unmodified copies of TMO ACUTE VISION in the form of the self-installing .exe file or the ZIP file received from TMO Software, including all accompanying files, this Agreement, and all copyright, trademark, proprietary, and other notices;

(b) do not charge or collect any monetary or other compensation for or in connection with TMO ACUTE VISION, apart from a modest reproduction or handling fee, unless authorized by TMO Software; and

(c) reference TMO Software as the sole owner and source of TMO ACUTE VISION and reference TMO Software as the exclusive distributor of TMO ACUTE VISION through www.TurnMeOn.com.au.

BACK-UP COPIES. You may make up to two exact, unmodified copies of TMO ACUTE VISION solely for your own back-up or archival use.

PROHIBITED ACTS. You may not:

(a) sublicense, sell, lease, permit use of, give, lend, distribute, release, provide access to, or in any way transfer a registered version of TMO ACUTE VISION or any copy or portion thereof, except for Trial Distribution as permitted above;

(b) use TMO ACUTE VISION to provide service bureau or time-sharing services to any other party without TMO Softwares consent;

(c) make any copies of TMO ACUTE VISION except as permitted herein;

(d) modify, enhance, or prepare derivative works based on TMO ACUTE VISION;

(e) decompile, disassemble, reverse engineer, analyze, or otherwise attempt to discover the source code of TMO ACUTE VISION;

(f) use or incorporate TMO ACUTE VISION or any portion thereof in any other product without the prior written permission of TMO Software; or

(g) remove, alter, or obscure the copyright, trademark, proprietary, or other notices from TMO ACUTE VISION or any of its screen displays.

NO WARRANTY - TMO SOFTWARE EXPRESSLY DISCLAIMS ANY WARRANTY for TMO ACUTE VISION. The TMO ACUTE VISION 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 noninfringement. The entire risk arising out of use or performance of the TMO ACUTE VISION software remains with you.

NO LIABILITY FOR DAMAGES. In no event shall TMO Software 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 TMO ACUTE VISION, EVEN IF TMO SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TMO SOFTWARE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TMO SOFTWARE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF TMO ACUTE VISION, ITS ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY, COMPLETENESS, OR CURRENTNESS. THE ENTIRE RISK OF USING TMO ACUTE VISION IS ASSUMED BY YOU.

THIRD PARTY INFORMATION. TMO ACUTE VISION provides information from various third party sources which are not practicable for TMO Software to verify.

TMO SOFTWARE MAKES NO WARRANTY, AND SHALL HAVE NO LIABILITY, WITH RESPECT TO THE ACCURACY, COMPLETENESS, CURRENCY, USEFULNESS, LEGALITY, NON-INFRINGEMENT, OR ANY OTHER ASPECT OF ANY THIRD PARTY INFORMATION, IMAGES, FILES, PROGRAMS, OR OTHER ITEMS OBTAINED BY MEANS OF TMO ACUTE VISION.

PROPRIETARY RIGHTS. Title to, ownership of, and all copyrights and other intellectual property rights in TMO ACUTE VISION and all copies thereof shall remain solely in TMO Software. TMO ACUTE VISION is protected by international copyright and other intellectual property laws and by international treaties. TMO Software reserves to itself all rights not expressly granted in this Agreement.

OTHER DISCLAIMERS. TMO Software does not warrant that TMO ACUTE VISION will meet your specific needs or requirements, nor that TMO ACUTE VISION will retrieve all the information you would like it to retrieve or believe it should retrieve, nor that the operation of TMO ACUTE VISION will in all instances be uninterrupted. Because software is inherently complex and may not be completely free of errors, and because third party information has not been verified by TMO Software, you must verify all results before relying on them. TMO Software does not warrant or guarantee that TMO ACUTE VISION is error-free or that defects in TMO ACUTE VISION will be corrected. TMO Software does not warrant or guarantee that all Software versions will be provided with similar features or functionality. TMO Software does not warrant or guarantee 1) that TMO ACUTE VISION will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that TMO ACUTE VISION will not retrieve adult-oriented material, or material which some individuals may deem objectionable. It is your sole responsibility to isolate software and execute anti-contamination software or otherwise take steps to ensure that software, if contaminated or infected, will not damage your information or system.

EXCLUSION OF DAMAGES. TMO SOFTWARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, INTERRUPTION OF BUSINESS, LOST OR CORRUPTED DATA OR PROGRAMS, SYSTEM CRASHES, OR DIVERSION OF SYSTEM OR OTHER RESOURCES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PERFORMANCE, QUALITY, RESULTS, USE OF, OR INABILITY TO USE TMO ACUTE VISION OR ANY SUPPORT, ADVICE, PRODUCTS, OR SERVICES WHICH ARE OR SHOULD HAVE BEEN PROVIDED TO YOU, EVEN IF TMO SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TECHNICAL PROTECTION. TMO ACUTE VISION may contain technical protections that restrict use to certain equipment, to a single personal computer or workstation, or to a certain time period, and may provide other restrictions, all of which shall be consistent with the License. TMO SOFTWARE SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED AS A RESULT OF SUCH TECHNICAL PROTECTIONS OR THE FAILURE OF TMO ACUTE VISION TO OPERATE OUTSIDE THE SCOPE OF THE LICENSE.

NO THIRD PARTY CLAIMS. TMO Software shall not be liable for any claim asserted against you by any other party, including but not limited to claims for infringement of copyright or other intellectual property rights.

TIME TO FILE ACTION. No action arising under or relating to this Agreement,
to TMO ACUTE VISION, or to any support, advice, products, or services which are or should have been provided to you, may be filed more than one year after the cause of action accrues.

APPLICABILITY. Some jurisdictions do not permit the exclusion or limitation of implied warranties or consequential damages, so some of the above exclusions or limitations may not apply to you.

TERMINATION FOR BREACH. TMO Software may terminate the License with or without cause at any time immediately and without notice if you materially breach any term of this Agreement or infringe any of TMO Software’s rights in TMO ACUTE VISION.

TERMINATION WITHOUT BREACH. TMO Software may terminate the License upon ten days written notice if TMO Software believes that your use of TMO ACUTE VISION may infringe any third party rights. If such termination occurs within 12 months of your first installation of TMO ACUTE VISION, TMO Software will provide you a modified, non-infringing version of TMO ACUTE VISION and reinstate the License.

DUTIES ON TERMINATION. Immediately upon termination of the License, you must stop using TMO ACUTE VISION and destroy all copies of TMO ACUTE VISION within your possession, custody, or control.

NO ASSIGNMENT. You may not assign, sublicense, or otherwise transfer the License or any other rights arising under this Agreement. Any purported transfer in violation of this paragraph shall be void.

ENFORCEMENT COSTS. You agree to reimburse TMO Software for all costs, including reasonable attorney’s fees, incurred to enforce any of TMO Software’s rights under this Agreement or in TMO ACUTE VISION or to defend any claims you assert unsuccessfully against TMO Software.

SEVERABILITY. Any provision of this Agreement which is held to be unenforceable as written shall be enforced to the fullest extent permissible and shall not affect the validity of any other provision of this Agreement.

GOVERNING LAW AND FORUM. This Agreement shall be governed by and construed in accordance with the laws of Australia. All disputes arising under this Agreement or in connection with TMO ACUTE VISION shall be resolved in the state or federal courts serving the state of Queensland, except that actions for infringement of intellectual property rights may be brought in any court of competent jurisdiction.

ENTIRE AGREEMENT. This document states the complete, final, and exclusive agreement concerning your possession, operation, copying, distribution, and other use of TMO ACUTE VISION and supersedes all earlier oral or written agreements, proposals, marketing materials, representations, promises, and other communications between you and TMO Software. The terms of this Agreement may only be amended, waived, or supplemented by a later writing signed by you and TMO Software.

ADDITIONAL INFORMATION. If you have questions or desire additional information about TMO ACUTE VISION, TMO Software, or TMO Software’s software use or privacy policies, please contact Licensing@TurnMeOn.com.au.