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******************************************************************************** ********* Welcome to the mpirical companion v8.

5 Before you use this software, please read the terms and conditions of the Licenc e Agreement printed below. If you do not agree to be bound by this Licence, plea se do not use the software and delete it from your computer system immediately. To get the most from your mpirical companion, we recommend you place the file on your desktop from where you will be able to quickly activate it by double click ing on the icon and search for the keyword, abbreviation, term etc. The mpirical companion contains an introduction which will assist you in getting the most from it. I trust you will find it useful. mpirical limited 2007 ******************************************************************************** ********** Licence Agreement Before you download or use mpirical courseware or supporting software, please re ad the terms and conditions of this licence. By using the courseware or supporti ng software you are consenting to be bound by and are becoming the licensee to t his license. If you do not agree to all the terms of this licence, do not use th e courseware or any other supporting software. When you use mpirical courseware mpirical limited (the "Licensor") grants you (t he "Licensee") a non-exclusive, non-transferable Licence for the accompanying so ftware product including electronic documentation, and associated material (the "Courseware"). As an Individual Licensee, the Licence permits you to "Use" (as hereinafter defi ned) the Courseware on a single computer system (the "System") for single use on ly upon the terms and subject to the conditions contained herein. The Courseware may not be transferred electronically from one computer to another nor used ove r a network. 1. Upon accepting this Licence you undertake:

1. not to copy the Courseware nor (subject to applicable law rights ) to disassemble, decompile or reverse engineer the Courseware; 2. not to translate, modify, lease, rent, loan, redistribute, sub-l ease, sub-license or create derivative works from the Courseware; 3. to supervise and control Use of the Courseware in accordance wit h the terms of this Licence, 4. not to provide or otherwise make available the Courseware to any person other than your employees or as specified herein without prior written c onsent from the Licensor; 5. not to display the Courseware on a public bulletin board, ftp si te, worldwide web site, chat room or by any other unauthorized means; 6. not to use the Courseware for immoral, illegal or for any other

purpose which may be determined threatening, abusive or harmful,including but no t limited to the creation or transmission of any virus, worms, trojan horse or a ny other destructive or contaminating program; 7. Users within the United States of America undertake that the Cou rseware will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Administration Act or any other expo rt laws, restrictions or regulations. 2. This Licence may not be assigned, sublicensed or otherwise transferred b y the Licensee, by operation of law or otherwise, without the Licensor's prior w ritten consent, provided that the Licensee may assign this Licence upon written notice to the Licensor in instances in which such assignment is to an entity whi ch acquires all or substantially all of the business of the Licensee, whether by merger, consolidation, or acquisition of assets. 3. No delay or failure to take action under this Licence will constitute a waiver unless expressly waived in writing, signed by a duly authorized represent ative of the Licensor, and no single waiver will constitute a continuing or subs equent waiver. 4. You may terminate this Licence at any time by destroying the Courseware, documentation and all copies. No Licence Fee is refundable. The Licensor may te rminate this Licence at any time if you are found in breach of any of these term s. 5. 1. The courseware is provided "AS IS" without any warranty of any k ind either express or implied including but not limited to the implied warrantie s of merchantability, fitness for a particular purpose, title and non -infringem ent. The licensor does not warrant that the courseware will be error free or tha t such errors will be corrected and the licensee is solely responsible for all c osts and expenses associated with rectification, repair or damage caused by such errors. Exclusion of warranties may not be valid in certain jurisdictions, howe ver, the only applicable laws under which this licence may be construed are spec ified in clause 8 outlined below. 2. The Licensor may create new versions of the Courseware ("upgrade s") which may correct such errors and although the Licensor has no obligation to notify existing licensees of such upgrades. The Licensor lists various availabl e courses and education materials in various catalogues which it publishes from time to time. The Licensor reserves the right to add or withdraw courses and edu cation material at any time and without notice. 3. The licensor shall not be liable to the licensee or to any other party for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this license, The courseware, its use or otherwis e, except to the extent that such liability may not be lawfully excluded under t he applicable law. 4. Notwithstanding the general ability of (3) above, the licensor e xpressly excludes liability for indirect, special incidental or consequential lo ss or damage which may arise in respect of the courseware howsoever caused even if advised of the possibility of such damages. 5. In the event the licensor incurs any liability whatsoever, such liability is limited to any licence fee paid by the licensee. 6. All copyright, trade marks and other intellectual property rights subsis

ting in or used in connection with the Courseware (including but not limited to all images, animations, audio and other identifiable material relating to the Co urseware) are and remain the sole property of the Licensor. 7. U.S. Government Restricted Rights

The courseware product and documentation are provided with RESTRICTED RIGHTS. Us e, duplication, or disclosure by the Government is subject to restrictions as se t forth in sub-paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Courseware clause DFARS 252.227-7013 or sub-paragraph (c)(1) and (2) of the Com mercial Computer Courseware Restricted Rights at CFR 52.227-19, as applicable. 8. The parties hereby agree that this Licence shall be governed by and cons trued in accordance with the European Commission's Directives and WIPO Treaties on Computer Programs, Copyright and Intellectual Property Rights and in terms of the enforceability of this Licence, this Licence shall be deemed "in writing" a nd "accepted" by both parties. If for any reason a court of competent jurisdicti on finds any provision of this Licence, or portion thereof, to be unenforceable, that provision of the licence shall be enforced to the maximum extent permissib le so as to effect the intent of the parties, and the remainder of this Licence shall continue in full force and effect. 9. This Licence constitutes the entire agreement between the parties with r espect to the use of the Courseware and its documentation, and supersedes all pr ior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any additional or different terms or conditions proposed by Licensee or contained in any purchase order are hereby rejected and shall be of no force and effect unless expressly agreed to in writing by the Licensor. No a mendment to or modification of this Licence will be binding unless in writing an d signed by a duly authorized representative of the Licensor. copyright mpirical limited 2007

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