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1. License

The TopClass application, databases, demonstration, system, and other software accompanying this License, whether on disk, in read only memory, or on any other media or networked storage device (the "TopClass Software"), the related documentation and data (the "data") are licensed to you by WBT Systems (the "Author"). You own the disk on which the TopClass Software and data are recorded but the Author and/or the Author's Licenser(s) retain title to the TopClass Software, related documentation and data. This License allows you to install and use one copy of the TopClass Software and data on a single computer and to make one copy of the TopClass Software and data in machine-readable form for backup purposes only. You must reproduce on such copy the Author's copyright notice and any other proprietary legends that were on the original copy of the TopClass Software and data.

2. Restrictions

The TopClass Software and data contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the TopClass Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the TopClass Software in whole or in part.

3. Termination

This License is effective until terminated. You may terminate this License at any time by destroying the TopClass Software, related documentation and data and all copies thereof. This License will terminate immediately without notice from the Author if you fail to comply with any provision of this License. Upon termination you must destroy the TopClass Software, related documentation and data and all copies thereof.

4. United States Government End Users

If you are acquiring the TopClass Software and data on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees:

(i) if the TopClass Software and data are supplied to the United States Department of Defense (DoD), the TopClass Software and data are classified as "Commercial Computer Software" and the United States Government is acquiring only "restricted rights" in the TopClass Software, its documentation and data as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and

(ii) if the TopClass Software and data are supplied to any unit or agency of the United States Government other than DOD, the United States Government's rights in the TopClass Software, its documentation and data will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.

5. Disclaimer of Warranty on TopClass Software

You expressly acknowledge and agree that use of the TopClass Software and data is at your sole risk. The TopClass Software, related documentation and data are provided AS IS and without warranty of any kind and the Author and the Author's Licenser(s) (for the purposes of provisions 5 and 6, the Author and the Author's Licenser(s) shall be collectively referred to as "the Author") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TOPCLASS SOFTWARE WILL MEET YOUR REQUIREMENTS,OR THAT THE OPERATION OF THE TOPCLASS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE TOPCLASS SOFTWARE AND THE DATA WILL BE CORRECTED. FURTHERMORE, THE AUTHOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TOPCLASS SOFTWARE AND DATA OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE AUTHOR OR A REPRESENTATIVE AUTHORIZED BY THE AUTHOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE TOPCLASS SOFTWARE PROVE DEFECTIVE, YOU (AND NOT THE AUTHOR OR A REPRESENTATIVE AUTHORIZED BY THE AUTHOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL THE AUTHOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE TOPCLASS SOFTWARE OR RELATED DOCUMENTATION AND DATA, EVEN IF THE AUTHOR OR AN AUTHORIZED REPRESENTATIVE OF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall The Author's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the TopClass Software and data.

7. Controlling Law and Severability

This License shall be governed by and construed in accordance with the laws of Ireland. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

8. Complete Agreement

This License constitutes the entire agreement between the parties with respect to the use of the TopClass Software, related documentation and data, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by the Author or a duly authorized representative of the Author.