END USER LICENSE AGREEMENT PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE RELATED COMPUTER PROGRAM(S) (“SOFTWARE”). THIS License IS A LEGAL AGREEMENT BETWEEN YOU, BEING THE END USER AND CONSULTINGTOOLS (“CT”) BEING THE SOFTWARE DEVELOPER OR PROVIDER. USING THE PROGRAM YOU AGREE TO BE BOUND BY THE TERMS OF THIS License. YOU MUST ACCEPT THE License AGREEMENT BEFORE YOU CAN USE THIS PRODUCT. IF YOU DO NOT ACCEPT THE TERMS OF THE License AGREEMENT, DO NOT INSTALL, COPY, OR USE THE PRODUCT. 1. License CT retains ownership of all copies of the Software itself. The Software is licensed, not sold, to you by CT for use only under the terms and conditions contained herein. This license allows you to: Use the Software only on a single computer at a time, except that the Software may be executed from a common disk shared by multiple CPUs provided that one authorised copy of the Software has been licensed from CT for each CPU executing the Software. Make one copy of the Software in a machine readable form, provided that such a copy or the original is used solely for backup purposes. Use (and keep using) of the Software requires the purchase of metered units (or “Authorizations”) which are issued by CT. You cannot purchase these units unless you comply with requirements from time to time for the issue of these units. 2. Restrictions You may NOT distribute copies of the Software to others or electronically transfer the Software from one computer to another over a network. The Software contains trade secrets and confidential information and is protected by copyright law. The software is designed to be used according to the guidelines in the Facilitator Training Manual. CT shall not be liable in any respect if it has been used in any other conditions or in any other way. 3. Termination This License is effective until terminated. This License will terminate immediately without notice from CT if you fail to comply with any of its provisions. Upon termination you must destroy the Software and all copies thereof. 4. Disclaimer & Limited Warranty To the full extent permitted by the Commonwealth, State, Territory or other law or laws applicable to this License, any conditions or warranties, imposed by such legislation are hereby excluded. Insofar as liability under or pursuant to any legislation, whether of Commonwealth, State, Territory or other Government, may not be excluded, such liability is limited to: the replacement of the Software or the supply of equivalent software; or, the payment of the cost of replacing the Software at the exclusive option of CT. Without in any way limiting the operation and effect of the above paragraph CT expressly advises that the Software and accompanying written materials should not be used as the sole basis for any personnel or Organization decision making, and CT shall not be liable in damages or otherwise in any respect for any personnel or Organization decision which is incorrectly made or not made at all. You acknowledge that no promise, representation, warranty or undertaking has been made or given by CT or any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the use of the Software. CT software is installed at your own risk. While we have tested the software extensively, CT take no responsibility for any conflict issues with other software you may be running. You should backup any important data before installing software or create restore points if using Windows ME or XP. 5. Use of Data You must allow CT to use all data records created or inputted by you or anyone else using the Software (“your records”) to allow continual development for the instrument. The data exported from the software should be de-identified by removing individual names prior to data export (the software does this by default) to ensure confidentiality and to comply with Data Protection Legislation. CT is entitled to analyse and use your records at its absolute discretion. You agree that any new records, analyses and the like resulting from CT’s use of your records will be owned by CT. From time to time as requested by CT you should provide your records to CT. Users are also advised to consider the implications of the current Data Protection Legislation when using the software. 6. General This computer program is protected by copyright law and international treaties.
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