PLEASE READ THIS CAREFULLY BEFORE USING MATERIALS

A: PROPERTY OF LICENSOR 

YOU MAY OBTAIN A COPY OF THIS SOFTWARE PRODUCT BY DOWNLOADING IT
REMOTELY FROM OUR SERVER AND UPON PAYMENT OF AN ADDITIONAL FEE
AT THE TIME OF PURCHASE YOU MAY OBTAIN A HARD COPY OF THE
SOFTWARE ON CD-ROM. THE COPYRIGHT, DATABASE RIGHTS AND ANY OTHER
INTELLECTUAL PROPERTY RIGHTS IN THE PROGRAMS AND DATA WHICH
CONSTITUTE THIS SOFTWARE PRODUCT ('THE MATERIALS'), TOGETHER
WITH CD-ROM (IF PURCHASED) ON WHICH THEY WERE SUPPLIED TO YOU,
ARE AND REMAIN THE PROPERTY OF BREEZE SYSTEMS LIMITED ('THE
LICENSOR'). YOU ARE LICENCED TO USE THEM ONLY IF YOU ACCEPT THE
TERMS AND CONDITIONS SET OUT IN THIS LICENCE AGREEMENT ("THE
AGREEMENT"). 'USE' MEANS STORING, LOADING, INSTALLING, EXECUTING
OR DISPLAYING THE MATERIALS.

B: LICENCE ACCEPTANCE PROCEDURE

BY CLICKING ON THE ACCEPTANCE BUTTON WHICH FOLLOWS THE
AGREEMENT (CLICKING 'YES' IN ANSWER TO THE QUESTION "DO YOU
ACCEPT ALL THE TERMS OF THE FOLLOWING LICENSE AGREEMENT"), YOU
INDICATE ACCEPTANCE OF THE AGREEMENT AND EXCLUSION OF LIABILITY
SET OUT IN THE AGREEMENT. SUCH ACCEPTANCE IS EITHER ON YOUR OWN
BEHALF OR ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR
WHICH YOU REPRESENT ('CORPORATE LICENSEE'). IN THIS LICENCE
AGREEMENT, 'YOU' INCLUDES BOTH THE READER AND ANY CORPORATE
LICENSEE.

C: LICENCE REJECTION PROCEDURE

YOU SHOULD THEREFORE READ THE AGREEMENT CAREFULLY BEFORE
CLICKING ON THE TWO ACCEPTANCE BUTTONS. IF YOU DO NOT ACCEPT
THESE TERMS AND CONDITIONS, YOU SHOULD CLICK ON THE 'NO'
BUTTON.


LICENCE AGREEMENT 

1.Ownership of materials and copies
The Materials and related documentation are copyrighted works
of authorship, and are also protected under applicable database
laws. The Licensor retains ownership of the Materials and all
subsequent copies of the Materials, regardless of the form in
which the copies may exist. This licence is not a sale of the
original Materials or any copies.

2.Licence

2.1 Subject to clauses 2.1.2, 2.1.3 and 2.2, during the trial
period, the Licensor grants to you a limited, non-exclusive
licence to:

2.1.1 use one copy of the Materials for use on one desktop
computer or one laptop computer in object code format only
owned, leased and/or controlled by you or any member of your
corporate group, which expression includes the Corporate
Licensee, the Corporate Licensee's majority-owned subsidiaries,
any parent company having a majority-owned interest in the
Corporate Licensee, and such parent's majority-owned
subsidiaries;

2.1.2 install a second copy of the Materials on a portable
computer for your own exclusive use in object code format
provided the Materials on the portable computer are not being
used at the same time the Materials on the primary computer are
being used.

2.1.3 this licence is not and does not extend to the use of the
Materials on or in conjunction with a server and/or a network
of computers.

2.2 During the trial period:

2.2.1 the terms of this Agreement shall apply in full, with the
exception of clause 4;

2.2.2 you are entitled to cancel this Agreement and are under
no obligation to purchase the Materials;  

2.2.3 the use of the Materials will be limited by:
 (a) a specified time period; or
 (b) limited functionality; or
 (c) a combination of (a) and (b).

2.3 Upon payment of the applicable licence fee;

2.3.1 the Licensor grants to you a limited, non-exclusive
licence to carry on the activities referred to in clause 2.1;
and 

2.3.2 clause 2.2 shall no longer apply.

3. Licence restrictions

You may not use, copy, modify or transfer the Materials
(including any related documentation) or any copy, in whole or
in part, including any print-out of all or part of any database,
except as expressly provided for in this Agreement. If you
transfer possession of any copy of the Materials to another
party except as provided above, your licence is automatically
terminated. You may not vary, delete or obscure any notices of
proprietary rights or any product identification or restrictions
on or in the Materials.

4. No refund policy
You are expected to use the Materials on your system and to
thoroughly evaluate usefulness and functionality before making
a purchase. This "try before you buy" approach is the ultimate
guarantee that the Materials will perform to your satisfaction,
therefore, you understand and agree that the Licensor does not
operate a refund policy. 

5.Upgrades

5.1 You are entitled to free upgrades of the Materials for a
period of 12 months commencing on the date of purchase. The
free upgrades relate only to upgrades of the Materials. In the
event that you require upgrades for a period longer than 12
months you will need to purchase a new licence at the Licensor
then prevailing price. 

5.2 For the purposes of this clause 5 an upgrade shall cover
the provision of patches or fixes to correct errors in the
Materials and at the sole discretion of the Licensor such
upgrades may extend to the provision of new applications or
increased functionality to the Materials. For the avoidance
of doubt the Licensor reserves the right in its absolute
discretion to release enhancements to the functionality of the
Materials as new products and in such circumstances you will
need to purchase a new licence at the Licensor then prevailing
price. 

5.3 The Licensor reserves the right in its absolute discretion
to withdraw the Materials from sale and support at anytime on
giving 14 days notice and any such notice will be displayed on
the Licensor's website at www.breezesys.com.

5.4 Upgrades are available only by downloading them from the
Licensor's website at www.breezesys.com and are not made
available on CD-ROM.

6. No transfer
The Materials are licensed only to you. You may not rent, lease,
sub-lease, sell, assign, pledge, transfer or otherwise dispose
of the Materials, on a temporary or permanent basis, without the
prior written consent of the Licensor.

7. Undertakings
You undertake to:

7.2 ensure that, prior to use of the Materials by your employees
or agents, all such parties are notified of this Agreement and
the terms of this Agreement;

7.3 reproduce and include our copyright notice (or such other
party's notice as specified in the Materials) on all and any
copies of the Materials, including any partial copies of the
Materials;

7.4 hold all drawings, specifications, data (including object
and source codes, and your registration code), software listings
and all other information relating to the Materials
confidential and not at any time, during this Agreement or after
its expiry, disclose the same, whether directly or indirectly,
to any third party without the Licensor's consent.

8. Limited warranty

8.1 Subject to the limitations and exclusions of liability
below, the Licensor warrants that the Materials will be free
from material defects under normal use.

8.2 The Licensor will also indemnify you for personal injury or
death solely and directly caused by any defect in its products
or the negligence of its employees.

8.3 The Licensor shall not be liable under the said warranty
above if the Materials fail to operate in accordance with the
said warranty as a result of any modification, variation or
addition to the Materials not performed by the Licensor or
caused by any abuse, corruption or incorrect use of the
Materials, including use of the Materials with equipment or
other software which is incompatible.

9. No other warranties
The foregoing warranty is made in lieu of any other warranties,
representations or guarantees of any kind, either expressed or
implied, including, but not limited to, any implied warranties
of quality, merchantability, fitness for a particular purpose
or ability to achieve a particular result. You assume the
entire risk as to the quality and performance of the Materials.
The Licensor does not warrant that the Materials will meet your
requirements or that its operation will be uninterrupted or
error free.

10. Exclusion of liability
Except in respect of personal injury or death caused directly
by the negligence of the Licensor, in no event will the Licensor
be liable to you for any damages arising from performance or
non-performance of the Materials for the duration of this
Agreement or for any damages caused by your failure to perform
your responsibilities. In addition, the Licensor will not be
liable for any lost profits, lost savings, loss of data or any
indirect, special, incidental or consequential damages arising
out of the use of or inability to use such Materials, even if
the Licensor has been advised of the possibility of such
damages. Further the Licensor will not be liable for any damages
claimed by you based on any third party claim. In no event will
the Licensor's liability for any claim, whether in contract,
tort or any other theory of liability, exceed the licence fee
paid by you, if any. Nothing in this agreement limits liability
for fraudulent misrepresentation. 

11. Your statutory rights
This Agreement gives you specific legal rights and you may also
have other rights that vary from country to country. Some
jurisdictions do not allow the exclusion of implied warranties,
or certain kinds of limitations or exclusions of liability, so
the above limitations and exclusions may not apply to you. Other
jurisdictions allow limitations and exclusions subject to
certain condition. In such a case the above limitations and
exclusions shall apply to the fullest extent permitted by the
laws of such applicable jurisdictions. If any part of the above
limitations or exclusions is held to be void or unenforceable,
such part shall be deemed to be deleted form this agreement and
the remainder of the limitation or exclusion shall continue in
full force and effect. Any rights that you may have as a
consumer (ie a purchaser for private as opposed to business,
academic or government use) are not affected. 

12. Support 
There are manual support pages available online at
www.breezesys.com/support. If you are still having problems an
e-mail support system is available at support@breezesys.com.
You are requested to provide as much information as you can.
The following should be included in your e-mail:

12.2 The version of Windows you are using; 

12.3 The product name and version; and

12.4 Your licence registration code.

The Licensor reserves the right to decline to provide support
in the event that any of the above information is not provided.

13. Reverse engineering
Save as permitted by law you agree that you will not attempt to
reverse compile, modify, translate, or dissemble the Materials
in whole or in part.

14. Term
The Agreement is effective until terminated. You may terminate
it at any time by destroying and/or deleting the Materials from
your computer together with all copies in any form. It will
also terminate upon conditions set out elsewhere in this
agreement or if you fail to comply with any term or condition
of this Agreement or if you voluntarily return the Materials to
us. You agree upon termination to destroy the Materials together
with all copies in any form.

15. Export
You will comply with all applicable laws, rules, and regulations
governing export of goods and information, including the laws of
the countries in which the Materials were created. In
particular, you will not export or re-export, directly or
indirectly, separately or as part of a system, the Materials or
other information relating thereto to any country for which an
export licence or other approval is required, without first
obtaining such licence or other approval.

16. Governing law
The construction validity and performance of this Agreement
shall be governed in all respects by English law and you agree
to submit to the jurisdiction of the courts of England.
The Licensor reserves the right to bring proceedings against
you in the jurisdiction in which you are normally resident.

17. Entire agreement
This Agreement constitutes the complete and exclusive statement
of the agreement between the Licensor and you with respect to
the subject matter of this Agreement and supersedes all
proposals, representations, undertakings and prior agreements,
whether oral or written, and all other communications between
us and relating to that subject matter.

18. Severability
Any clause in this agreement that is found to be invalid or
unenforceable shall be deemed deleted and the remainder of this
agreement shall not be affected by that deletion.  

19. General

19.1 You agree that the Licensor shall have the right, after
supplying undertakings as to confidentiality, to audit any
computer system on which the Materials are installed in order
to verify compliance with this software licence.

19.2 Failure or neglect by either party to exercise any of its
rights or remedies under this Agreement will not be construed as
a waiver of that party's rights nor in any way affect the
validity of the whole or part of this Agreement nor prejudice
that party's right to take subsequent action.

19.3 The Licensor reserves the right to alter the terms of this
licence by posting a notice to that affect on its website at
www.breezesys.com and the licence so amended shall apply to all
future downloads of the Materials or upgrades provided under
clause 5. 
