SPS 3.0.0.50

EULA - End User License Agreement

END-USER LICENCE AGREEMENT FOR SPS 2

IMPORTANT – READ CAREFULLY: THIS END USER LICENCE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL) AND ANOBYTE (“AUTHOR”) FOR THE SPS 2 SOFTWARE PRODUCT (“SOFTWARE PRODUCT”) WHICH MAY INCLUDE ASSOCIATED SOFTWARE COMPONENTS, MEDIA, PRINTED MATERIALS AND ELECTRONIC DOCUMENTATION. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENCE TO USE THE SOFTWARE PRODUCT AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU CONFIRM YOUR ACCEPTANCE OF THE SOFTWARE PRODUCT AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN DO NOT INSTALL OR USE THE SOFTWARE PRODUCT.

GRANT OF LICENCE

The SOFTWARE PRODUCT is licensed as follows: As long as YOU comply with the terms of this EULA, the AUTHOR grants to YOU a non-exclusive licence to use the SOFTWARE PRODUCT for the purposes described in the documentation. Only YOU may install, use, access, display and run copies of the SOFTWARE PRODUCT on computers running copies of the operating system for which the SOFTWARE PRODUCT was designed.

The UNLICENCED TRIAL EDITION may be freely distributed in its original form, and may be used for a period of 30 days after installation. After this period, YOU must either remove the SOFTWARE PRODUCT from all systems YOU have installed the SOFTWARE PRODUCT on, or purchase a FULL LICENCE.

Full licence files and licence keys must not be made public or otherwise distributed. Full versions which become public may be immobilised. The use of such files without having purchased a licence is expressly prohibited.

Backup Copies. YOU may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Maintenance of Copyright Notices. YOU must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.

Distribution. YOU may not distribute copies of the full version of the SOFTWARE PRODUCT to third parties.

Prohibition on Reverse Engineering, Decompilation, and Disassembly. YOU may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Rental and transfer. YOU may not rent, lease, grant a security interest in, or otherwise transfer rights to the full version of the SOFTWARE PRODUCT.

Support Services. THE AUTHOR may at his discretion provide YOU with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the AUTHOR's polices and programs that may be described in the user manual, in "on line" documentation and/or other AUTHOR-provided materials. Any supplemental software code provided to YOU as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information YOU provide to THE AUTHOR as part of the Support Services, the AUTHOR may use such information for his business purposes, including for product support and development. The AUTHOR may utilize such technical information in a form that personally identifies YOU.

Compliance with Applicable Laws. YOU must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

Termination. Without prejudice to any other rights the AUTHOR may terminate this EULA if YOU fail to comply with the terms and conditions of this EULA. In such event, YOU must return or destroy all copies of the SOFTWARE PRODUCT.

Trademarks. This EULA does not grant YOU any rights in connection with any logos, trademarks or service marks of the SOFTWARE PRODUCT or the AUTHOR.

TERMINATION

This EULA is effective until terminated. This EULA will terminate automatically if YOU fail to comply with any provision of this EULA. The AUTHOR may terminate this EULA without further obligation at any time for any reason. Upon notice of termination from the AUTHOR you shall destroy all copies of the SOFTWARE PRODUCT.

UPGRADES

If this copy of the SOFTWARE PRODUCT is an upgrade from an earlier version of the SOFTWARE PRODUCT, it is provided to YOU on a licence exchange basis. YOU agree by YOUr installation and use of this copy of the SOFTWARE PRODUCT to voluntarily terminate YOUr earlier EULA and that YOU will not continue to use the earlier version of the SOFTWARE PRODUCT or transfer it to another person.

COPYRIGHT

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by the AUTHOR or its suppliers. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants YOU no rights to use such content. If this SOFTWARE PRODUCT contains documentation that is provided in electronic form, YOU may print copies of such electronic documentation.

U.S. GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. The Manufacturer is the AUTHOR.

NO WARRANTIES

The Software is delivered to YOU "AS IS" and the AUTHOR makes no warranty as to its use or performance. THE AUTHOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. It is YOUr responsibility to ensure that the SOFTWARE PRODUCT is satisfactory for YOUr needs before committing YOUrself or YOUr company to its use. The AUTHOR and its suppliers do not and cannot warrant the performance or results YOU may obtain by using the SOFTWARE PRODUCT. Except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to YOU in YOUr jurisdiction, The AUTHOR and its suppliers make no warranties, conditions, representations or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation noninfringement of third party rights, merchantability, integration, satisfactory quality or fitness for any particular purpose. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

THE AUTHOR ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR YOUR DATA OR ITS SECURITY.

The SOFTWARE PRODUCT uses the Advanced Encryption Standard (AES) for encoding the data file stored by the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT IS NOT SECURE WHEN RUNNING WITH AN OPENED DATABASE HENCE, THE SOFTWARE PRODUCT MUST BE RUN, USED AND CLOSED WHILE ATTENDED AT ALL TIMES BY YOU. It is YOUr responsibility to determine whether the SOFTWARE PRODUCT and it’s operation is fulfils YOUr security requirements.

YOU SHOULD PERFORM REGULAR DATA EXPORTS AND FILE BACKUPS, SAVING THESE TO EXTERNAL STORAGE MEDIA. THE AUTHOR CANNOT AND WILL NOT DECODE OR REPAIR DATA FILES.

The trial version of the SOFTWARE PRODUCT is protected by an anti-piracy scheme. Attempting to circumvent it (including changing YOUr computer’s date outside the 30 day window and then using the SOFTWARE PRODUCT) or using the software outside the 30 day trial limit will cause the trial licence to expire, render your data permanently unreadable by the trial version of the SOFTWARE PRODUCT and . The Author accepts no responsibility should this occur at any time.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall the AUTHOR or his suppliers be liable for any special, incidental, indirect, or consequential 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 the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if the AUTHOR has been advised of the possibility of such damages. In any case, the AUTHOR's entire liability under any provision of this EULA shall be limited to the amount actually paid by YOU for the SOFTWARE PRODUCT to the AUTHOR. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to YOU.

CONSUMER RIGHTS

Consumers in Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the Trade Practices Act and similar state and territory laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer Protection Act in Malaysia in respect of which liability cannot lawfully be modified or excluded. If YOU acquired the SOFTWARE PRODUCT in New Zealand for the purposes of a business, YOU confirm that the Consumer Guarantees Act does not apply. If YOU acquired the Software in Australia and if the AUTHOR breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this EULA then, to the extent permitted by law, the AUTHOR’s liability is limited, at the AUTHOR’s option, to: (i) in the case of the Software: a) repairing or replacing the Software; or b) the cost of such repair or replacement; and (ii) in the case of support services: a) re-supply of the services; or b) the cost of having the services supplied again.

LAW AND JURISDICTION

This EULA shall be considered as an agreement made in Scotland and shall be interpreted in accordance with Scottish Law and the courts of Scotland shall have exclusive jurisdiction over all disputes which may arise between the parties.

REPRESENTATIONS

By entering into this Agreement, YOU acknowledge that YOU shall not have relied on any prior representation, warranty or other assurance made by or on behalf of the AUTHOR and YOU waive all rights and remedies which but for this Agreement, might otherwise be available to YOU in respect or of such representation, warranty or other assurance, provided that nothing in this clause shall exclude or limit any liability for fraud.

SEVERABILITY

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been executed with the invalid provision eliminated. In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of the contract, the parties shall immediately commence good faith negotiation to remedy such invalidity.

FORCE MAJEURE

The AUTHOR shall not be liable for delay or failure to perform any of his contractual obligations under any Licence insofar as the performance of such obligation is prevented by a force majeure event which is beyond his reasonable control. Notwithstanding the foregoing, the AUTHOR shall use all reasonable endeavours to continue to perform his obligations hereunder for the duration of such force majeure event.

RESERVED RIGHTS

All rights not expressly granted here are reserved to the AUTHOR.