SOFTCARE LICENSE AGREEMENT YOU MAY INSTALL AND USE THIS SOFTWARE PROVIDED BY SOFTCARE, INC. ONLY IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR INSTALL THE SOFTWARE. NOTIFY SOFTCARE PROMPLY FOR A FULLREFUND OF THE PRICE YOU PAID AND RETURN OF THE SOFTWARE IF YOU DO NOT AGREE, OR IF YOU HAVE ANY QUESTIONS ABOUT THIS LICENSE. THIS SOFTWARE AND ACCOMPANYING MANUAL ARE PUBLISHED FOR PURPOSES OF GENERAL REFERENCE ONLY. THE INFORMATION CONTAINED THEREIN IS BASED ON CURRENT KNOWLEDGE, AND RECOMMENDATIONS MADE ARE APPROPRIATE FOR MOST CASES. THE INFORMATION IS NOT INTENDED TO SUBSTITUTE FOR CONSULTATION WITH A PROFESSIONAL HEALTH CARE PROVIDER. FOR TREATMENT AND ADVICE REGARDING YOUR SPECIFIC MEDICAL CONDITION, YOU SHOULD OBTAIN PROFESSIONAL ADVICE. 1. GRANT OF LICENSE. SoftCare, Inc. ("SoftCare"), grants you the nonexclusive right to use one single-user copy of the software program (the "Program") on a single computer or handheld information appliance ("Destination Device") subject to the terms and conditions set forth below. You may not use the software on more than one Destination Device at the same time unless you obtain a separate site license which is available from SoftCare. 2. COPYRIGHT. The Program and the accompanying manuals are the property and copyrighted materials of SoftCare, and the title to, and to all copies thereof in any form, remains with SoftCare. SoftCare grants you the right to make one copy of the Program for backup purposes only. This copy may reside on the hard disk of the computer you use to transfer the Software to a Destination Device. 3. OTHER RESTRICTIONS. You may not rent or lease this program. However, you may transfer the Program and related materials as long as you retain no copies of the Program and the receiver of the transfer agrees to be bound by this license. You may not decompile, disassemble, or otherwise reverse engineer the Program. 4. LIMITED WARRANTY. SoftCare warrants to the initial end user only that the Program will be capable of performing substantially as described in the Handbook for a period of 60 days from the date of receipt. You assume sole responsibility for the selection of the Program to achieve your intended results, and for the use and results obtained from the Program. SoftCare does not warrant that you will obtain any particular results from the use of the Program, nor does it warrant that the operation of the Program will be uninterrupted or error-free or that all defects will be corrected. SOME STATES DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 5. REMEDIES. AS SOFTCARE'S ENTIRE LIABILITY AND AS YOUR EXCLUSIVE REMEDY for any breach of warranty or other breach under this license, SoftCare will, upon written notice to SoftCare during the warranty period at the address set forth below, either (at its option) repair or replace the defective diskettes or the defective portion of the Program, or refund the license fee paid for such program. Upon issuance of any refund, the license granted herein shall terminate and you must cease all use of the Program. 6. NO OTHER WARRANTIES. EXCEPT FOR THE FOREGOING, SOFTCARE DOES NOT MAKE ANY WARRANTIES, EXPRESS, IMPLIED (INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) OR ARISING BY LAW, REGARDING THE PROGRAM OR THE HANDBOOK. 7. LIMITATION OF LIABILITY. IN NO EVENT SHALL SOFTCARE BE LIABLE FOR ANY THIRD PARTY CLAIMS OR FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES WHATSOEVER, ARISING OUT OF ANY BREACH OF WARRANTY OR THE PERFORMANCE OR BREACH OF ANY OTHER PROVISION OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE PROGRAM OR THE HANDBOOK, EVEN IF SOFTCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SOFTCAREÕS LIABILITY (WHETHER IN TORT, CONTRACT, OR OTHERWISE) EXCEED THE LICENSE FEE PAID TO SOFTCARE FOR THE PROGRAM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 8. TERMINATION. This license shall automatically terminate if you breach any of the terms and conditions set forth herein. Upon termination, you agree to return all copies of the Program to SoftCare and to permanently erase the copy of the Program on the Destination Device and any copies on any other computer used to transfer the Software to the Destination Device. 9. GOVERNMENT RESTRICTED RIGHTS. The Program is provided without restricted rights. Use, duplication, or disclosure by the government is subject to the restrictions set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. Contractor/manufacturer is Softcare, Inc, 11832 Sunrise Dr., Bainbridge Island ,WA 98110. 10. GENERAL. This agreement is the complete and exclusive statement of the agreement between the parties and supersedes any or all prior or contemporaneous oral or written communications with respect to the subject matter hereof. Any provisions of any purchase order or other document which are in any way inconsistent with or in addition to the terms and conditions of this Agreement shall be inapplicable to and not binding on SoftCare. No modification, waiver, or amendment hereof shall be binding unless stated in writing by both parties, and no waiver of a right in any instance shall constitute a waiver of the same or any other right in any other instance. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, such provisions shall be enforced to the maximum extent permitted by law and to the parties' fundamental intentions hereunder, and the remaining provisions shall not be affected.