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SOFTWARE LICENSE AGREEMENT
Agreement in RTF Format

IMPORTANT - READ CAREFULLY.

This is a legal agreement between you (either an individual or an entity), the end user, and Code Blue Corporation of Holland, Michigan. By opening the sealed CD-ROM packet(s) and installing or otherwise using the software, you agree to be bound by the terms of this End-User License Agreement (EULA). If you do not agree to the terms of this Agreement, promptly return the disk package and accompanying items (including written materials and binders or other containers) to the place you obtained them.

1. GRANT OF LICENSE. This EULA permits you to use one copy of the Code Blue software product ("Software") on any single computer, provided the software is in use on only one computer at any time. If you have multiple licenses for the software, then at any time you may have as many copies of the software in use as you have Licenses. The software is "in use" in a computer when it is loaded into the temporary memory (i.e. RAM) or is installed into the permanent memory (e.g. hard disk, CD_ROM, or other storage device) of that computer; however, a copy installed on a network server for the sole purpose of distribution to other computers is not "in use." If the anticipated number of users of the software will exceed the number of applicable Licenses, you must have a reasonable mechanism or process in place to assure that the number of persons using the software concurrently does not exceed the number of Licenses. If the software is permanently installed on the hard disk or other storage device of a computer (other than a network server), then the person authorized to use such computer also may use the software on a portable computer, laptop, and home computer. If such person's authorization to use such computer ceases for any reason (e.g. termination of employment), then such person's authority to use the software on a portable computer, laptop and home computer shall cease.

2. COPYRIGHT. The software is owned by Code Blue Corporation or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material (e.g. book or musical recording), except that you may either (a) make one copy of the software solely for backup or archival purposes, or (b) transfer the software to a single hard disk provided you keep the original solely for backup or archival purposes.

3. OTHER RESTRICTIONS. The License is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the software, but you may transfer your rights under this License on a permanent basis provided that you transfer this License, the software and all accompanying written materials, you retain no copies, and the recipient agrees to the terms of this License. You may not decompile, or disassemble the software. If the software is an update, any transfer must include the update and all prior versions.

4. MULTIPLE MEDIA SOFTWARE. If the software package contains both 3.5" disks and compact disks, or other media, then you may use only the media appropriate for your single designated computer or network server. You may not use the other media on another computer or computer network, or loan, rent, lease, or transfer them to another user except as part of a transfer or other use expressly permitted by this License.

5. LIMITED WARRANTY. Code Blue warrants that the software will perform substantially in accordance with the accompanying written materials and will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of receipt. Any implied warranties on the software are limited to ninety (90) days. Some states do not allow limitations on the duration of an implied warranty, so the above limitations may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.

6. CUSTOMER REMEDIES. Code Blue's entire liability and your exclusive remedy shall be, at Code Blue's option, either (a) return of the price paid or (b) repair or replacement of the software that does not meet Code Blue's Limited Warranty and that is returned to Code Blue with a copy of your receipt. This Limited Warranty is void if failure of the software has resulted from accident, abuse, or misapplication. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by Code Blue are available for this USA version product outside the United States of America.

7. NO OTHER WARRANTIES. Code Blue disclaims all other warranties, either expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the software, the accompanying written materials, and any accompanying hardware.

8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Code Blue or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the software, even if Code Blue has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitations of consequential or incidental damages, the above limitations may not apply to you.

U. S. GOVERNMENT RESTRICTED RIGHTS. The software and documentation are provided with restricted rights. Use duplication, or disclosure by the government, is subject to restrictions as set fort in subparagraph (c) (I) (ii) of the Rights in Technical Data and Computer Software clause as DFARS 252.227-7013 or subparagraphs (c) (1), (2) and (3) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable, and any amendments thereto. Contractor/manufacturer is Code Blue Corporation, 92 East 64th Street, Holland, Michigan 49423.

This Agreement is governed by the laws of the State of Michigan.

For more information about Code Blue's licensing policies, please call Code Blue at 1-800-205-7186 or (616) 392-8296.

Code Blue product specs are made available for use by authorized Code Blue sales agents or potential Code Blue customers. Any other use or reproduction of these specifications is prohibited without the express written consent of an officer of Code Blue Corporation. Products and specifications are subject to change without notice.

The Code Blue name, icon and round trade dress are trademarks of Code Blue Corporation.

Copyright © Code Blue 2003
For information or questions regarding this website or permissions, send email to infocb@codeblue.com
Call 800.205.7186, or write to us at: Code Blue, 92 East 64th Street, Holland, MI 49423
Last Revised:
Tuesday, July 15, 2003