END USER LICENCE AGREEMENT AND LIMITED WARRANTY
YOU SHOULD CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE. INSTALLING AND USING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD WITHIN 14 DAYS RETURN YOUR LICENCE KEY AND THE SOFTWARE UNUSED AND YOUR MONEY WILL BE REFUNDED.
From time to time and without notice to you Licensor may change and update this End User Licence Agreement and all documents incorporated by reference. Continued use of the Software after any such changes shall constitute your consent to such changes. A link to the most recent version of this End User Software Agreement can always be found at http://www.therapyfigures.com.

1.	Important Notice: Ownership of materials and copies
The software programs, spreadsheet templates, data, content and documentation which constitute this software product (“Software”) are copyrighted works of authorship, and are also protected under applicable database laws. TherapyFigures (“Licensor”) and/or its licensors retain all right, title and interest in and to the Software and all subsequent copies of the Software, regardless of the form in which the copies may exist. This licence is not a sale of the Software originals or any copies.
2.	Licence
If you have obtained the Software from Licensor or one of its distribution partners then subject to the following terms and conditions you are hereby granted a non-exclusive and non-transferable right to:
1.	Install and use the Software on one personal computer that is owned and used by you (“Primary Computer”). 
2.	For Software that is for personal computer install a second copy of the Software for your exclusive use on either a portable computer or a personal computer located at your home (with the same dual boot permission as in 2.1) that is owned and used by you, provided the Software on this computer (“Secondary Computer”) is not used at the same time as the Software on your Primary Computer. Other than foregoing, if you wish to use the Software on more than one computer at a time or to make further installations, you must purchase a sufficient number of licences for the Software for those purposes;
3.	Copy the Software and your licence key for back-up and archival purposes and make up to two copies of the Software, provided that the original and each copy is kept in your possession and labelled and that your installation and use of the software does not exceed that allowed by this Agreement;
4.	Create spreadsheet documents using the templates provided with the Software.
5.	Distribute completed scoring assessment documents (electronically or in print) for purposes of reporting only.  
3.	Licence restrictions
1.	You may NOT use, copy or modify the Software (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this Agreement.
Specifically, you may distribute completed scoring assessments, but recipients cannot use them to assess new clients without the appropriate license.
2.	You may NOT translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Software, except as expressly permitted by the law of this Agreement.
3.	You may NOT vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Software.

4.	You may NOT disseminate or make available to others your licence key which is personal to you. In the event that you encourage piracy or unlicensed use of this Software then you forfeit all rights to use the Software.
5.	Not for Resale copies (“NFR Copy”): Notwithstanding other sections of this licence, Software labelled or otherwise provided by the Licensor to you on a promotional basis may only be used for testing, demonstration and evaluation purposes and may not be used for any commercial or business purposes.
6.	No transfer. The Software is licensed only to you. You may NOT rent, lease, sub-licence, sell, assign, pledge, transfer or otherwise dispose of the Software or licence key on a temporary or permanent basis otherwise the original and subsequent owners forfeit all rights to use the Software.
4.	Undertakings
You undertake to:
1.	ensure that, prior to use of the Software by your employees or agents, all such parties are notified of this licence and the terms of this Agreement;
2.	reproduce and include our copyright notice (or such other party's copyright notice as specified on the Software) on all and any copies of the Software, including any partial copies of the Software;
3.	hold all drawings, specifications, data (including object and source codes), software listings and all other information relating to the Software confidential and not at any time, during this licence or after its expiry, disclose the same, whether directly or indirectly, to any third party without the Licensor's consent.
5.	Limited warranty
1.	Subject to the limitations and exclusions of liability below, the Licensor warrants that the Software will materially conform to the documentation which accompanies the Software. The Warranty Period is 90 days from the date of purchase of a licence to use the Software.
2.	The Licensor will also indemnify you for personal injury or death solely and directly caused by any defect in the Software or the negligence of its employees.
3.	The Licensor shall not be liable under the said warranty above if the Software fails to operate in accordance with the said warranty as a result of any modification, variation or addition to the Software not performed by the Licensor or caused by any abuse, corruption or incorrect use of the Software, including use of the Software with equipment or other software which is incompatible.
6.	No other warranties
The foregoing warranty is made in lieu of any other warranties, representations or guarantees of any kind, either expressed or implied, including, but not limited to, any implied warranties of quality, merchantability, fitness for a particular purpose or ability to achieve a particular result. You assume the entire risk as to the quality and performance of the Software. Should the Software prove defective, you (and not the Licensor nor any licensed reseller) assume the entire cost of all necessary servicing, repair or correction. The Licensor does not warrant that the Software will meet your requirements or that its operation will be uninterrupted or error free.
7.	Limitation of liability
Except in respect of injury to or death of any person (for which no limit applies) the entire liability of licensor under or in connection with this agreement shall be limited to damages which shall not exceed the amount paid by you to licensor in consideration for the rights granted to you under this agreement.
8.	Exclusion of liability
Except in respect of personal injury or death caused directly by the negligence of Licensor or for fraudulent misrepresentation, in no event will Licensor be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages. In particular, we accept no liability for any programs or data made or stored with the Software nor for the costs of recovering or replacing such programs or data.
9.	Your statutory rights
This licence gives you specific legal rights and you may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from this Agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (i.e. a purchaser for private as opposed to business, academic or government use) are not affected.
10.	Term
The licence is effective until terminated. You may terminate it at any time by destroying the Software together with all copies in any form. It will also terminate upon conditions set out elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement or if you voluntarily return the Software to us. You agree upon such termination to destroy the Software and any licence key together with all copies in any form.
11.	Export
You will comply with all applicable laws, rules, and regulations governing export of goods and information, including the laws of the countries in which the Software was created. In particular, you will not export or re-export, directly or indirectly, separately or as a part of a system, the Software or other information relating thereto to any country for which an export licence or other approval is required, without first obtaining such licence or other approval.
12.	General
1.	You agree that the Licensor shall have the right, after supplying undertakings as to confidentiality, to audit any computer system on which the Materials are installed in order to verify compliance with this software licence.
2.	This Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be England.
3.	This Agreement constitutes the complete and exclusive statement of the Agreement between the Licensor and you with respect to the subject matter of this Agreement and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter.
4.	Any clause in this Agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this Agreement shall not be affected by that deletion.
5.	Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this Agreement nor prejudice that party's right to take subsequent action.
6.	This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without the Licensor's prior written consent.
7.	A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
8.	NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF A PERSON DEALING WITH INTERMORPHIC AS A CONSUMER AS DEFINED IN THE UNFAIR CONTRACT TERMS ACT 1977.