PreViser End-User License Agreement

PreViser(®) 2003 Software License Agreement

Software is defined as the PreViser computer program with which this Software License Agreement is included and any updates or maintenance releases thereto. The use by You of any services or content accessible through the Software may be subject to your acceptance of separate agreements with PreViser or third parties. This Agreement applies to the: (i) demonstration or (ii) clinical versions of the Software and other branded or customized versions unless otherwise agreed. Do not use the Software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the Software from PreViser to you, and installing and using the Software indicates that you have read and understand this Agreement and accept its terms and conditions. If you downloaded a Demonstration or Clinical version of the Software and do not agree with this Agreement, promptly Uninstall the Software from your computer.

License and Certain Restrictions

Demonstration Versions:

If you have downloaded a Demonstration version of the Software, you are granted a limited non-exclusive license to use the Software for the purposes of inspecting the ‘look and feel’ of the Software, or for the purpose of training other users in how to use the Software. You may not copy electronically or in print form the Software or any of the information contained in the Software under any circumstances. BY YOUR USE OF THE DEMONSTRATION VERSION OF THE SOFTWARE YOU UNDERSTAND AND AGREE THAT ALL INFORMATION REGARDING CLINCAL INFORMATION, RISK ASSESSMENT INFORMATION, OR RECOMMENDED TREATMENT OPTIONS CALCULATED BY THE SOFTWARE WILL NOT BE ACCURATE OR APPROPRIATE FOR ANY LIVING PATIENT, BUT RATHER ARE PRESENTED ONLY TO FAMILIARIZE YOU AND/OR OTHER USERS OF THE SOFTWARE OF BASIC FUNCTIONALITY, AND NO CLINICAL VALUE BEYOND THAT LIMITED EDUCATIONAL SCOPE.

General

Making additional copies of the Software, or enabling others to use your User Account and Password, if any, is strictly prohibited. It is also prohibited to give copies to a person who does not have the appropriate License for the Software from PreViser, to install the Software on computers used by individuals who lack such Licences; or to duplicate the Software by any other means including electronic transmission. The Software in its entirety is protected by the copyright laws. The Software also contains PreViser trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form, disable any functionality which limits the use of the Software, or disclose confidential interfaces to the Software. You may not modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis), assign, loan, resell for profit, or distribute the Software, disk(s), or related materials or create derivative works based upon the Software or any part thereof.

Termination

This Agreement may be terminated by PreViser immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately Uninstall from all computers in your possession or control all complete and partial copies of the Software, including all backup copies. From time to time, PreViser may change the terms and conditions of this Agreement. PreViser will notify you of any such change. For the latest version of this Agreement, go to www.previser.com, or such other site designated by PreViser. Your continued use of this Software will indicate your agreement to the change.

Purpose of the Software

By using the Clinical version of the Software, you acknowledge by such use that you understand and accept that all calculations of disease risk or severity, and all treatment option recommendations made by the Software are made purely as a supplement to your best clinical judgment, and are not intended to replace, supplant or influence your best clinical judgment except to the extent that you deem at your sole discretion to allow such influence to affect your treatment planning decisions.

DISCLAIMER OF LIABILTY

EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PREVISER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, DISKS, RELATED MATERIALS AND ANY SUCH SERVICES OR CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR SECURITY, THEIR MERCHANTABILITY, THEIR CLINCIAL VALIDITY OR THEIR NONINFRINGEMENT. PREVISER DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES PREVISER WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE DEMONSTRATION VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE DEMONSTRATION VERSION OF THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF THE FIRST USE OF THE CLINICAL VERSION OF THE SOFTWARE. FURTHER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY AND DAMAGES

THE ENTIRE LIABILITY OF PREVISER AND ITS REPRESENTATIVES (AS DEFINED BELOW) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY USE OF THE SOFTWARE FOR A PERIOD OF 60 DAYS PRECEEDING ANY CLAIM UNLESS OTHERWISE SEPARATELY AGREED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PREVISER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, MEDICAL LIABILITY OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PREVISER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PREVISER AND YOU. PREVISER WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.

U.S. Government

The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and the Department of Defense Federal Acquisition Regulations Sections 252.227-7014 (a) (1), (5). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software (or Licensed Product) with only those rights set forth herein. PreViser Corporation, 20849 Cascade Ridge Drive, Mount Vernon, WA 98274.

Export Restrictions

You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations ("the Acts"). You agree and certify that neither the Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You agree and certify that you are not a citizen or permanent resident of the following countries: Cuba, Iran, Iraq, North Korea, Libya, Sudan or Syria.

General Provisions

This Agreement sets forth PreViser’s and its Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and PreViser with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software.

This Agreement shall govern any services or content related to the Software, unless such services or content are subject to a separate written agreement between you and PreViser or its Representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to PreViser and its Representatives with respect to such content or services except to the extent provided otherwise in a separate written agreement approved by PreViser between you and PreViser or the applicable Representative(s).

This Agreement does not limit any rights that PrerViser may have under trade secret, copyright, patent, or other laws. The Representatives of PreViser are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on PreViser, other than in writing signed by an officer of PreViser. Accordingly, such additional statements are not binding on PreViser and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Washington law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by federal laws. This Agreement is deemed entered into at Mount Vernon, Wa, and shall be construed as to its fair meaning and not strictly for or against either party.

Consumer and Patient Information and Privacy

For details about PreViser's privacy policies, please refer to the PreViser Privacy Statement contained either in the Software or on a website designated by PreViser.

By using the Software, you acknowledge that you are solely responsible for compliance with the provisions of the Health Insurance Portability and Accountability Act, and PreViser warrants that it is in full compliance with those provisions of the Act that pertain to the patient or clinical information collected by the Software resident on the servers of PreViser Corporation.

YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE SERVICE AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE SERVICE. PREVISER AND ITS SUPPLIERS DISCLAIM ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

Your use of the Service indicates that you have read this Agreement and agree to its terms.

This Service is designed to provide information with the understanding that PreViser is not engaged in rendering definitive medical or clinical advice.

Payment for the use of Software

By Using the Software, you agree to pay that sum established by PreViser for such use, and acknowledge that non-payment of such fees may, at its sole discretion, result in a termination by PreViser of your use of the Software. PreViser reserves the right to change or modify the fees it charges for the use of the Software and agrees to advise you of such changes a minimum of 90 days to the effective date of such changes.