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"a powerful learning tool..."

J.J, Ward, MEd, RRT in Respiratory Care

Site License

The Site License is intended for corporations and educational institutions that wish to install an unlimited number of copies of R.A.L.E.^® Lung Sounds at their office or campus. For a one-time license fee of $995.00 U.S., the corporation or educational institution may install the software for use on any number of PCs, providing that the PCs are permanently located at one site (e.g., a single office building or university campus).

Agreement

The R.A.L.E.^® Lung Sounds software (hereinafter referred to as SOFTWARE) is copyrighted by PixSoft Inc. and Medi-Wave Inc. BY INSTALLING THE SOFTWARE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. The SOFTWARE is licensed to you on a non-exclusive, non-transferable and non-severable basis.

This Site License gives you the right to install and use the SOFTWARE, provided that the SOFTWARE will be installed and used only on workstations permanently located in the offices, grounds, and/or campus of the licensing company or educational institution. If the company or educational institution consists of more than one non-contiguous physical location, then a separate license is required for each separate location.

You may not in any event sub-license, lease, rent or time-share the SOFTWARE. You may not alter, decompile, reverse engineer, disassemble or reverse translate or in any other way derive source code or lung sound recordings from the SOFTWARE.

The SOFTWARE is provided for educational purposes only and PIXSOFT INC. EXPRESSLY AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PIXSOFT INC. BE LIABLE TO INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOST DATA OR PROFITS OR GOODWILL TO YOU OR ANY PERSON OR ENTITY REGARDLESS OF THE LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Some states do not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such case, PixSoft Inc.'s liability shall be limited to a refund of the SOFTWARE purchase price.

This license agreement shall be governed and construed in accordance with the laws of the province of Manitoba, Canada and the laws of Canada applicable therein and shall inure to the benefit of PixSoft Inc., its successors, and assigns. Any provision of this license agreement that is invalid or unenforceable, shall be deemed to be severable from and shall not affect the validity or enforceability of any other provisions hereof.