Grant of License.

HighAndes Limited, of 9 Adelaide Court, Adelaide Road, Dublin 2, (together with any licensor under which it holds a license (together hereinafter referred to as “HighAndes")) is authorised either as owner of or as sub-licensee to license the Software (as defined below). HighAndes grants you, the Licensee, for your personal use only and not for re-sale or commercialisation, a non-exclusive, non-transferable, revocable, right to use this single copy of the application programme (hereinafter to be referred to as the “Software") on a single computer. You, the Licensee may make one copy of the Software for archival purposes or back-up purposes only. The archival or back-up copy must clearly be identified and labelled as a copy.

License Restrictions.

The Software contains copyrighted material, trade secrets, and other proprietary materials of HighAndes. You the Licensee agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party acting on your behalf will: copy, lease, rent, sub-license, decompile, reverse engineer, reverse-assemble, modify, create derivative works based on the software, translate any portion or all of the standard software or provide computer time-sharing or computer bureau services or similar shared networking facilities to any party for the Software licensed to you, the Licensee, under this Agreement.

There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that HighAndes may use these measures to protect the software against software piracy and to restrict some features of the software after a finite period of time. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a computer to not more than a finite number of times for a finite number of computers. This License and the Software containing enforcement technology require activation as further set forth in the documentation. Some features of the Software will only operate for a finite period of time prior to Software activation by you.

During activation, you will provide your unique product key accompanying the Software and computer configuration in the form of a numeric code over the Internet to verify the authenticity of the Software. If you do not complete the activation within the finite period of time set forth in the documentation, or as prompted by the Software, some features of the Software will cease to function until activation is complete, which will restore all the Software functionality.

In the event that you are not able to activate the Software over the Internet, or through any other method specified during the activation process, you may contact HighAndes' Customer Support using the information provided during activation, or as may be set forth in the documentation.

Limited Product Warranty.

HighAndes warrants to you that the Software will substantially conform to its published documentation and that the Software shall be free from material defects in material and workmanship, each for a period of ninety (90) days from the date of purchase as shown on your receipt (the "Limited Warranty"). This Limited Warranty is non-transferable and is personal to you, the Licensee, the original purchaser of the Software. The Limited Warranty does not apply if failure of the Software has resulted from accident, abuse, modifications or misapplication. The Limited Warranty gives you specific legal rights, and you may also have other rights which vary under local laws.

Remedies.

Except to the extent that by law, liability may not lawfully be excluded, HighAndes entire liability and your exclusive remedy under the Limited Warranty shall be at HighAndes option either by (a) return of the purchase price or (b) by releasing an upgrade of the software. Any replacement Software will be warranted for the remainder of the original Limited Warranty period or thirty (30) days, whichever is longer.

Ownership.

The Software is licensed, not sold, to you, the Licensee, for use only under the terms and conditions of this Agreement. HighAndes reserves all rights not expressly granted to you, the Licensee, in this Agreement. HighAndes retains title to the Software, and all intellectual property rights therein.

Third Party Intellectual Property Rights.

HighAndes take no responsibility for use by you, the Licensee, of the Software, including with any other third party intellectual property. It is the Licensee’s sole responsibility to obtain all relevant authorities so as not to infringe any other parties intellectual property rights while using the Software.

Disclaimer of Warranty.

EXCEPT TO THE EXTENT THAT BY LAW LIABILITY MAY NOT LAWFULLY BE EXCLUDED, THIS SOFTWARE IS SUPPLIED “AS IS” AND WITHOUT WARRANTY AS TO PERFORMANCE OR MERCHANTABILITY, OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. HIGHANDES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR, THE LICENSEE’S, REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, HIGHANDES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIGHANDES, OR A HIGHANDES AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ENTIRE OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Warranty.

IN NO EVENT WILL HIGHANDES OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), EITHER IN CONTRACT OR TORT, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF HIGHANDES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination.

This License shall automatically terminate, without notice from HighAndes, if you fail to comply with any provisions’ of the License. Upon termination you must permanently remove any part of the Software loaded onto the hard drive of the computer or other storage medium under your control. You may terminate this License at any time by permanently removing any part of the Software loaded onto the hard drive of the computer or other storage medium under your control.

Entire Agreement.

This License constitutes the entire agreement between HighAndes and you, the Licensee, in respect of the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by a duly authorised officer of HighAndes.

Severability.

If for any reason a court of competent jurisdiction finds any provision of this License or any portion thereof to be illegal, invalid or unenforceable to any extent the remainder of this License shall continue in full force and effect.

Governing Laws.

If you install the Software in the United States, this license shall be governed and construed in accordance with the laws of the State of Washington. If the Software was acquired outside the United States, this License shall be governed and construed in accordance with the laws of Ireland.