LICENCE AND PRODUCT LIABILITY LIMITATION: 1) In this agreement "the user" means any person who directly or through an employee agent or other person enters data into the Risk Values software or makes any use whatsoever of its results. 2) In this agreement "Risk Values" means Risk Values Limited (registered office 25 Oakside Lane, Horley, West Sussex, England : postal address P O Box 1882, Brentwood, Essex, England) (a private limited company registered in England and Wales) its successors and assigns. 3) In this agreement "Risk Value" means the colour coded and / or numerical value ascribed to any person as a result of a fully completed questionnaire which is accurately input into the software and calculated by the software. 4) In this agreement "the software" means the RV1™ software including the questions, the format and the program including the algorithm around which the program is built and any product enhancements to which the user is entitled. 5) The user agrees that the terms in this licence are the only terms upon which the user uses the software and that no other terms are to be implied into this agreement and no terms are varied or removed. The user asserts that it has not relied on any representation by Risk Values or other person, legal or natural, in relation to performance of any Risk Values product. 6) The name "Risk Values" and the Risk Values logo are the trademarks of Risk Values Limited. The name and logo may not be used by any person, legal or natural, without the express consent in writing of Risk Values Limited. 7) The software and questions and any copy or installation you may make (whether authorised or not) are the intellectual property of and owned by Risk Values. The structure, format, organisation and layout of the software and all screens generated by it are valuable trade secrets owned by Risk Values. The software is subject to international copyright law. For the avoidance of doubt, it is forbidden to publish the questions or to disclose them to any person other than for the purpose of completing the questionnaire. It is forbidden to make any copy (by any means) of the disk on which this software is resident or of all or any part of the software or to install it onto more than one computer at any one time. It is forbidden to reverse engineer or decompile all or any part of the software. It is forbidden to install this software onto a network unless the correct number of network licences have been purchased. Any breach of this provision is a criminal offence in the USA, the UK, Hong Kong, Malaysia and many other countries. 8) Notwithstanding the provisions of clause 6 of this agreement, where the software is supplied as a demonstration ("try-before-you-buy") program that demonstration program (in its entirety including the SoftWrap™ protection) may be duplicated. However, no individual, company, partnership or other organisation shall install or run the software on any computer after the expiry of the try-before-you-buy period unless the appropriate number of licences has been purchased. 9) The use of the software and questions is by licence only. The user does not have or obtain any rights of ownership of the software and / or questions. 10) The user purchases a one-year licence for the software. The authorised period expires one year after purchase. After that, a renewal fee must be paid or the software must be immediately removed from the user's computer or computers if more than one. 11) The user may not rent, lease, sub-license, or lend the software to any person. 12) This licence does not permit the use of the software in any business or other relationship that involves processing date or calculating Risk Values for any third party. Bureau processing is expressly prohibited. 13) Risk Values will release product enhancements from time to time. Such product enhancements will be notified and available, free of charge, to registered users at an e-mail address which they nominate when registering their use of the software. 14) The product enhancements referred to in clause 13 do not include Language Modules which will be available from time to time as a chargeable option. 15) Where the user purchases a multi-user version and incorporates the software into his own data capture and reporting systems, the user is entirely responsible for the installation and maintenance of any interface between the software and the user's own systems. 16) The user may include the questions within any application form or customer relationship management survey. The form or survey may be in hard copy or electronic format. No other use of the questions individually, together or in conjunction with any other questions or other matter is permitted. The questions must not be modified in any way. 17) The permissions granted to the user under this licence shall expire at midnight GMT on the 365th day after the product is first installed. The permissions may be renewed upon payment of the annual fee from time to time in force. When the licence expires, the user must immediately remove all references to Risk Values, the software and the questions from all records and documents including application forms and CRM or similar questionnaires. The user is permitted to retain in such manner as it thinks fit previously processed results which have assigned a Risk Value. 18) The use to which the Risk Value is put is entirely a matter for the user. The user shall set his own parameters for the weight which he ascribes to each Risk Value and the action he takes or does not take as a result of that Risk Value and shall be solely responsible for any and all consequences arising from that use. 19) The user shall fully indemnify Risk Values against all and any claims (and associated legal or other costs) by any third party arising out of the user's use of the software and any Risk Value assessed by it. 20) The user recognises that the assessment of personality is an inexact science. Accordingly, it is possible that in any particular case the Risk Value may result in unpredictable results. For that reason, the user expressly agrees that no cause of action (whether in contract, tort or otherwise) will lie against Risk Values in respect of any inaccurate Risk Value. Risk Values offers no warranty as to the accuracy of results. 21) The user expressly agrees that it will not communicate to any third party in any circumstances and for any purpose the Risk Value assessed in respect of any individual PROVIDED THAT this condition shall not prevent the disclosure of a Risk Value to any company which is part of the same corporate group in common ownership or a, parent or subsidiary of the user. 22) The use of the software and any Risk Value is subject to the laws of England and Wales and any dispute shall be decided in the sole jurisdiction of the Courts of England and Wales. 23) If any clause or any part of any clause in this agreement is struck out, the remainder of the agreement will remain in force. 24) Notwithstanding clause 12, criminal proceedings may be brought by Risk Values or a prosecuting agency in any country against any person (whether or not a user) in respect of any breach of the intellectual property rights applicable to the software or the questions. 25) In the event that, notwithstanding the foregoing, any order is made against Risk Values in respect of the accuracy of the Risk Value ascribed to any one or more users, the maximum compensation payable will be the price paid by the user to Risk Values or Softwrap (as the case may be) less a pro-rata percentage from the date of installation to the date of the calculation of the relevant Risk Value or the last Risk Value (if more than one) complained of. ©2001 Risk Values Limited. Licence version 20.12.01. Applicable version of licence is that incorporated within product.