NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTIONS 6 AND 7; LIABILITY IN SECTION 8; AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 14. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. VISIT HTTP://WWW.OPSCOMM.COM FOR TERMS OF AND LIMITATIONS ON RETURNING THE SOFTWARE FOR A REFUND.

You may have another written agreement directly with OpsComm (e.g., volume licence) that supplements or supersedes all or portions of this agreement. OpsComm and its suppliers own all intellectual property in the Software. The Software is licensed, not sold.

OpsComm permits you to copy, download, install, use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate licence agreement or "Read Me" file located near such materials.

THE SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORISED COPYING. THE ACTIVATION TECHNOLOGY MAY PREVENT YOUR USE OF THE SOFTWARE IF YOU DO NOT FOLLOW THE ACTIVATION PROCESS DESCRIBED IN THE SOFTWARE AND DOCUMENTATION. Visit http://www.opscomm.com for information about product activation.

1. Definitions.

"Computer" means a device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. Computers for the purposes of this agreement will also include all forms of devices, including but not limited to, computers, mobile phones and personal digital assistants (PDAs).

"Internal Network" means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include the Internet or any other network community open to the public, including but not limited to, membership or subscription driven groups, associations and similar organisations.

"OpsComm" is a trading name of Ionical Limited, whose Registered Office is situated at Lexham House, Forest Road, Binfield, Berkshire RG42 4HP.

"Permitted Number" means one (1) unless otherwise indicated under a valid licence (e.g., volume licence) granted by OpsComm.

"Software" means (a) all of the information with which this agreement is provided, including but not limited to (i) OpsComm or third party software files and other computer information; (ii) related explanatory written materials and files ("Documentation"); and (b) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by OpsComm at any time, to the extent not provided under a separate agreement (collectively, "Updates").

"User" means an individual named person (including but not limited to private individuals, employees or agents or partners of any legal entity) that has obtained the Software or has used the Software. A User and any legal entity they represent are deemed to have accepted the terms set out under this agreement.

2. Software Licence. As long as you obtained the Software from OpsComm or one of its authorised licencees and as long as you comply with the terms of this agreement, OpsComm grants you a non-exclusive non-transferable licence to use the Software in the manner and for the purposes described in the Documentation, as further set forth below. See Section 14 for specific provisions related to certain components.

2.1 General Use. You may install or access and use one copy of the Software on up to the Permitted Number of your compatible Computers; or

2.2 Server Deployment. You may install one copy of the Software on one Computer file server within your Internal Network for the purpose of accessing the Software on up to the Permitted Number of other Computers within the same Internal Network; or

2.3 Server Use. You may install one copy of the Software on one Computer file server within your Internal Network for the purpose of using the Software through commands, data or instructions (e.g., scripts) from another Computer within the same Internal Network, provided that the total number of Users (not the concurrent number of users) that are permitted to use the Software on such Computer file server does not exceed the Permitted Number. No other network use is permitted, including, but not limited to use of the Software, either directly or through commands, data or instructions, from or to a Computer not part of your Internal Network, for Internet or web hosting services or by any user not licenced to use this copy of the Software under a valid licence from OpsComm; or

2.4 General Network Access. The User may access and use the Software via the Internet or any public or private network for his or her exclusive use via any Computer provided that the Software is not accessed or used by the User at the same time on any other Computer.

2.5 Fees due for the provision of Licences. The User (and any legal entity they represent) having accepted these Licence terms must pay OpsComm any Licence fees due together with any other fees due for the provision of any other prior agreed additional services. The Licence fees due are as set out in the following 4 clauses 2.5 a,b,c,d:

• When OpsComm issues a free issue Licence then no Licence fees will be due for a period of 4 weeks from the date of first access of the application by the User. The User may not under any circumstances use the Software for any commercial purpose during this free issue period. If at the end of the free issue period the User continues to use the Software or if the User uses the software for commercial purposes at anytime irrespective of whether they received a free issue Licence then the User will be liable for a set up charge of £599 plus a training charge of £100 per User plus a monthly accruing amount of £79 per month for having an OspComm account together with an accruing fee of £39 per User per month. OpsComm reserve the right to charge the User during and after the free issue period for text services by reverse billing for messages sent as SMS texts and in such case will limit the billing to no more than 2 weekly summary texts charged at £1.50 plus normal network message charges and a text for each task alert charged at 25p plus normal network message charges per alert. All charges will be deducted from available credit time if the User has a pre-pay mobile phone or appear on the mobile phone monthly statement if the User is a pay monthly customer.
  
  
• When separate invoicing terms have been prior agreed to the date at which the User first accepts the Software Licence then OpsComm or an OpsComm approved reseller will then invoice the User or the legal entity which they represent for the prior agreed amount. OpsComm reserve the right during the term of the Licence to charge the User for additional text services by reverse billing on the Users mobile phone for messages sent as SMS texts and in such case will charge for summary texts at £1.50 plus normal network message charges and a text for each task alert charged at 25p plus normal network message charges per alert. All charges will be deducted from available credit time if the User has a pre-pay mobile phone or appear on the mobile phone monthly statement if the User is a pay monthly customer.
  
  
• When the User purchases the Software product using a credit or debit card or by using a standing order, the User authorizes OpsComm to deduct the agreed fees as and when they become due until such time the User requests to stop using the OpsComm application in writing and as long any prior agreed time period for the Licence has expired. OpsComm reserve the right during the term of the Licence to charge the User for additional text services by reverse billing on the Users mobile phone for messages sent as SMS texts and in such case will limit the billing to no more than 2 weekly summary texts charged at £1.50 plus your normal network message charges and a text for each task alert charged at 25p plus your normal network message charges per alert. All charges will be deducted from available credit time if the User has a pre-pay mobile phone or appear on the mobile phone monthly statement if the User is a pay monthly customer.
  
  
• When the User purchases the software by agreeing to being charged on their mobile phone by reverse billing for text alerts sent via SMS, OpsComm during the term of the Licence will charge for daily summary texts at £1.50 plus your normal network message charges and a text for each task alert charged at 25p plus your normal network message charges per alert. All charges will be deducted from available credit time if the User has a pre-pay mobile phone or appear on the mobile phone monthly statement if the User is a pay monthly customer.
  
  

2.6 Payment Terms. Any invoices issued by OpsComm are payable within 15 days of issuance unless different terms are stated on the issued invoice. In the event that an invoice remains unpaid beyond 15 days OpsComm will accrue interest against any outstanding balance on the invoice at a rate of 4% per month above UK bank base rate.

2.7 Term of Licence. Unless agreed by separate written terms the User agrees to an annual Licence term which is automatically renewed (unless terminated by sending a task using OpsComm to the Opscomm support team or in writing using recorded postal delivery service prior to the renewal date) one month prior to each anniversary of first use of the Software or account creation date which ever is the earlier date. The User may terminate the Licence within the first 90 days from first access to the application paying only the set up and training fees due together with payment for three months account management charge of £79 per month plus £39 per month per User.

3. Intellectual Property Ownership.

The Software and any authorised copies that you make are the intellectual property of, and are owned by, OpsComm and its suppliers. The structure, organisation and code of the Software are the valuable trade secrets and confidential information of OpsComm and its suppliers. The Software is protected by law, including but not limited to the copyright laws of the United Kingdom, the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by OpsComm and its suppliers.

4. Restrictions.

4.1 Notices. You may not copy the Software except as set forth in Sections 2 and 14. Any permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.

4.2 No Modifications. You may not modify, adapt or translate the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except to the extent you may be expressly permitted under applicable law to decompile only in order to achieve interoperability with the Software.

4.3 No Unbundling. The Software may include various applications, utilities and components, may support multiple platforms and languages and may be provided to you on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to you as a single product to be used as a single product on Computers as permitted by Sections 2 and 14. You are not required to use all component parts of the Software, but you may not unbundle the component parts of the Software for use on different Computers. You may not unbundle or repackage the Software for distribution, transfer or resale. See Section 14 for specific exceptions to this Section.

4.4 No Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENCE, ASSIGN OR TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORISE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY'S COMPUTER EXCEPT AS MAY BE EXPRESSLY PERMITTED IN THIS AGREEMENT.

5. Updates.

If the Software is an upgrade or update to a previous version of the Software, you must possess a valid licence to such previous version in order to use such upgrade or update. All upgrades and updates are provided to you on a licence exchange basis. You agree that by using an upgrade or update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to use previous versions of the Software on your Computer after you use the upgrade or update but only to assist you in the transition to the upgrade or update, provided that the upgrade or update and the previous versions are installed on the same computer. Upgrades and updates may be licensed to you by OpsComm with additional or different terms.

6. LIMITED WARRANTY.

Except as may be otherwise provided in Section 14, OpsComm warrants to the individual or entity that first purchases a licence for the Software for use on Computers pursuant to the terms of this agreement that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt or first access to the Software when used on the recommended operating system and hardware configuration. Non-substantial variation of performance from the Documentation does not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO PATCHES, PRE-RELEASE (BETA), TRYOUT, STARTER, EVALUATION, PRODUCT SAMPLER, OR NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR WEBSITES, THIRD PARTY ONLINE SERVICES OR CD SERVICES (see Section 14). All warranty claims must be made, along with proof of purchase, within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire liability of OpsComm and its affiliates and your exclusive remedy will be limited to either, at OpsComm’s option, replacement of the Software or refund of the licence fee you paid for the Software. THE LIMITED WARRANTY SET FORTH INTHIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. For further warranty information, please see the jurisdiction specific provisions at the end of this agreement, if any, or contact the OpsComm Customer Support Department.

7. DISCLAIMER.

THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY OPSCOMM AND ITS AFFILIATES AND STATES THE SOLE AND EXCLUSIVE REMEDIES FOR OPSCOMM, ITS AFFILIATES OR SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, OPSCOMM AND ITS AFFILIATES AND SUPPLIERS PROVIDE THE SOFTWARE AND ACCESS TO ANY WEBSITES, ONLINE SERVICES AND CD SERVICES AS-IS AND WITH ALL FAULTS AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Sections 7 and 8 will survive the termination of this agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this agreement.

8. LIMITATION OF LIABILITY.

EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH ABOVE AND AS OTHERWISE PROVIDED IN SECTION 14, IN NO EVENT WILL OPSCOMM OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN OPSCOMM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. OPSCOMM’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this agreement limits OpsComm’s liability to you in the event of death or personal injury resulting from OpsComm’s negligence or for the tort of deceit (fraud). OpsComm is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact the OpsComm Customer Support Department.

9. Data.

9.1 Your Data. All data entered into the Software application by you will be your property. As part of this agreement you agree to allow OpsComm access to the data for the purposes of customer support and data analysis. You agree to allow OpsComm to use your data for any purpose on the condition that OpsComm does not reveal to any third party any information based upon the customer data which is uniquely identifiable as belonging to you except:

• where required to do by a court of law; or
  
  
• where Government representatives make requests as part of a legally justified investigation.

9.2 Data Analysis. Where OpsComm uses your data for the purpose of data analysis, OpsComm may develop performance measures through mathematical manipulation or use of proprietary algorithms and under such circumstances the performance measures and algorithms remain the intellectual property of OpsComm.

9.3 Data Protection. OpsComm is registered with the UK Data Protection Agency and abides by current UK legislation in relation to consumer Data Protection.

9.4 Data Security

9.4.1 Login and Access Codes. You are responsible for keeping your security access codes private and not share these with anyone else. OpsComm has no legal responsibility to you in the event that access is gained to your data where this access has been obtained by properly authorised and authenticated users using the OpsComm normal security logon procedures. For this reason, you are expected to maintain duplicate copies of all data for backup purposes. For the avoidance of doubt where you make your login name and password known to any other party OpsComm will not accept any responsibility for deletion or improper use of your data.

9.4.2 Threat of Unauthorised Access. OpsComm make all reasonable efforts to ensure the security of our system infrastructure, your data and your data communications. You are however advised that for reasons beyond our control, there is a risk that your data or data communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and although your communications over the air interface with our systems are encrypted providing a greater level of protection this cannot be guaranteed. Please also read carefully the instructions provided with your Internet accessing devices. We advise you that depending upon your Internet accessing device, your device may send information stored on it and receive information to and from certain third parties without your knowledge. Please note that the Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your computer or mobile device and the information stored on your mobile device. These programs may perform actions that you have not been authorised, possibly without your knowledge. Attaching documents and storing documents in the OpsComm system also provides a potential security breach and you have a responsibility to make all reasonable efforts to ensure that your documents are free of any virus or malicious software code. In the event that OpsComm becomes aware that by intent or by virtue of your neglect (to check) that the documents that you store in the OpsComm system have a software virus or contains software code which has a malicious or inappropriate action on computer systems then you and any legal entity you represent will be liable for any consequential loss incurred to OpsComm or OpsComm clients. We advise you to use virus checking software and make sure that this is fully up to date at all times. OpsComm has no legal responsibility to you in the event that access is gained to your data where this access has been obtained by unauthorised users where this has been as a result of unlawful action.

10. Governing Law.

This agreement will be governed by and construed in accordance with the substantive laws in force in: (a) the State of California, if a licence to the Software is purchased when you are in the United States, Canada, or Mexico; or (b) Japan, if a licence to the Software is purchased when you are in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if a licence to the Software is purchased when you are in any jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England applies, shall each have non-exclusive jurisdiction over all disputes relating to this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

11. General Provisions.

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms.This agreement will not prejudice the statutory rights of any party dealing as a consumer. For example, for Users in New Zealand who obtain the Software for personal, domestic or household use (not business purposes), this agreement is subject to the Consumer Guarantees Act. This agreement may only be modified in writing signed by an authorised officer of OpsComm. The English version of this agreement will be the version used when interpreting or construing this agreement. This is the entire agreement between OpsComm and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

12. Notice to U.S. Government End Users.

12.1 Commercial Items. The Software and Documentation are "Commercial Item(s)," as that term is defined at 48 C.F.R. Section 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. §12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved by OpsComm under the copyright laws of the United States.

12.2 U.S. Government Licensing of OpsComm Technology. You agree that when licensing OpsComm Software for acquisition by the U.S. Government, or any contractor therefor, you will licence consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227-7202-1 and 227-7202-4 (for the Department of Defense). For U.S. Government End Users, OpsComm agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence will be incorporated by reference in this agreement.

13. Compliance with Licences.

If you are a business, company or organisation, you agree that upon request from OpsComm or its authorised representative you will within thirty (30) days fully document and certify that use of any and all OpsComm software at the time of the request is in conformity with your valid licences from OpsComm.

14. Specific Provisions and Exceptions.

This Section sets forth specific provisions related to certain components of the Software as well as limited exceptions to the above terms and conditions. To the extent that any provision in this Section is in conflict with any other term or condition in this agreement, this Section will supersede such other term or condition.

14.1 Limited Warranty for Users Residing in Germany or Austria. If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 6 does not apply; instead, OpsComm warrants that the Software provides the functionalities set forth in the Documentation (the "agreed upon functionalities") for the limited warranty period following receipt of the Software when used on the recommended hardware configuration. As used in this Section, "limited warranty period" means one (1) year if you are a business user and two (2) years if you are not a business user. Non-substantial variation from the agreed upon functionalities will not and does not establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, TRYOUT, STARTER, PRODUCT SAMPLER AND NOT FOR RESALE (NFR) COPIES OF SOFTWARE, WEB SITES, THIRD PARTY ONLINE SERVICES, CD SERVICES OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATION CAUSED A DEFECT. To make a warranty claim, during the limited warranty period you must return, at our expense, the Software and proof of purchase to the location where you obtained it. If the functionalities of the Software vary substantially from the agreed upon functionalities, OpsComm is entitled -- by way of re-performance and at its own discretion -- to repair or replace the Software. If this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission). For further warranty information, please contact the OpsComm Customer Support Department.

14.2 Limitation of Liability for Users Residing in Germany and Austria.

14.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 8 does not apply. Instead, subject to the provisions in Section 14.2.2, OpsComm and its affiliates'statutory liability for damages will be limited as follows: (i) OpsComm and its affiliates will be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) OpsComm and its affiliates will not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.

14.2.2 The aforesaid limitation of liability will not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.

14.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this agreement.

14.3 Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software ("Pre-release Software"), then this Section applies. The Pre-release Software is a pre-release version, does not represent final product from OpsComm, and may contain bugs, errors and other problems that could cause system or other failures and data loss. OpsComm may never commercially release the Pre-release Software. YOUR USE OF TRYOUT SOFTWARE IS AT YOUR OWN RISK. SEE SECTIONS 7 AND 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN PRE-RELEASE SOFTWARE.

14.4 Tryout, Product Sampler, NFR, Additional Terms. If the Software is tryout, starter, product sampler, or NFR software ("Tryout Software"), then the following Section applies. The Tryout Software may contain limited functionality and is to be used for demonstration and evaluation purposes only and not for your commercial purposes. YOUR USE OF TRYOUT SOFTWARE IS AT YOUR OWN RISK. SEE SECTIONS 7 AND 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN TRYOUT SOFTWARE.

14.5 Time Out Software. If the Software is a timeout version then it will cease operations after a designated period of time or number of launches following installation. The licence hereunder will terminate after such period or number of launches unless extended by OpsComm upon your acquisition of a full licence. ACCESS TO ANY FILES OR OUTPUT CREATED WITH SUCH SOFTWARE OR ANY PRODUCT ASSOCIATED WITH SUCH SOFTWARE IS ENTIRELY AT YOUR OWN RISK.

14.6 Online Services.

14.6.1 The Software may rely upon or facilitate your access to websites maintained by OpsComm or its affiliates or third parties offering goods, information, software and services ("Online Services"). Your access to and use of any website is governed by the terms, conditions, disclaimers and notices found on such site, for example, the Terms and Conditions located at http://www.OpsComm.com. OpsComm may at any time, for any reason, modify or discontinue the availability of any website and Online Services.

14.6.2 OpsComm does not control, endorse or accept responsibility for websites or Online Services offered by third parties. Any dealings between you and any third party in connection with a website or Online Services, including delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

14.6.3 EXCEPT AS EXPRESSLY AGREED BY OPSCOMM OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE AGREEMENT, YOUR USE OF WEBSITES AND ONLINE SERVICES IS AT YOUR OWN RISK. SEE SECTIONS 7 AND 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN WEBSITES AND ONLINE SERVICES.

15. Changes to Licence Terms.

15.1 Changes to this agreement. From time to time OpsComm may need to amend the terms in this agreement. OpsComm will make you aware of any change to the terms on the OpsComm web site at www.opscomm.com.

15.2 Rights to terminate. In the event of a change to this agreement you will have the right to terminate your contract with OpsComm.

15.3 No rights to damages. In the event you elect to terminate this agreement with OpsComm as a consequence of changes to this agreement you will not be able to claim any damages from OpsComm nor make any form of redress through the courts of law.

15.4 Termination of Licence. In the event that you elect to terminate this agreement with OpsComm as a result of changes to this agreement you must forthwith stop using the application and must destroy any OpsComm Software and documentation in your possession immediately.

16. Termination.

16.1 You may end this Agreement immediately by writing to us if:

16.1.1 we do not do what we have to do under this Agreement and do not put it right within 7 days of being asked in writing to do so;

16.1.2 all of the On-Line Services or support services are permanently no longer available to you;

16.2 We may end this Agreement immediately by writing to you if:

16.2.1 you do anything (or allow anything to be done) which we think may damage or affect the operation of OpsComm or you become bankrupt or make any arrangement with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets;

16.2.3 When this Agreement comes to an end:

16.2.3.1 your access to the system will be terminated;

16.2.3.2 you will no longer be entitled to use the Software;

16.2.3.3 you will have to pay immediately all charges outstanding at termination;

16.2.3.4 unless you have ended this Agreement under clause 16.1.1 or 16.1.2 you will also have to pay the monthly (or other periodic) charges for the amount of the Term which is left to run or if the Term has expired you will have to pay immediately the monthly (or other periodic) charge for a further calendar month. If the Term has not expired and you pay us this money in one lump sum immediately when this Agreement comes to an end, we will reduce the amount you have to pay us by 2%.

16.3 Clauses 3,4,7,8,9.1,9.2,14.1,14.2,14.3,14.4,14.5,14.6.1,14.6.2,14.6.3,15.4 will survive termination of this agreement irrespective of how this agreement is terminated

17. Third Party Rights.

No term of this agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement

18. Notices.

If either of us needs to send notices to the other these must be in writing and can be delivered by hand or first class post to the other's address as stated on the order form and will be deemed to have arrived at their destination 48 hours after posting.