BETA TESTING END USER LICENSE AGREEMENT
READ THESE TERMS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.

THIS BETA TESTING END USER LICENSE AGREEMENT (HEREINAFTER REFERRED TO AS THE "EUL") IS A LEGAL AGREEMENT BETWEEN YOU AS THE EUL END-USER (HEREINAFTER REFERRED TO AS "YOU") AND ACUTE SYSTEMS AS THE EUL LICENSOR (HEREINAFTER REFERRED TO AS THE "DEVELOPER"). USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (HEREINAFTER REFERRED TO AS THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. READ IT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EUL. IF YOU ARE EXECUTING THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE OF THE SOFTWARE. 1. LICENSE GRANT Developer grants you a temporary license to test the pre-release version of software during the beta test period. The beta test period will begin upon the installation or first use of the software and end on a date specified by developer. After the beta test period, you are NOT authorized to use the software. 2. RESTRICTIONS 2.1 You shall not modify, reverse engineer, disassemble, reverse compile, distribute, rent, lease, assign or transfer the software, nor shall you create any derivative works of the software. To the extent that the software includes run time or other components licensed by developer from third parties, you shall not create any software program that links, embeds or makes direct function calls to such components. You shall not copy the software except as reasonably required for backup or archival purposes, and shall include developer's and its licensors' copyright, patent, trademark and other proprietary rights notices on all such copies. The software shall remain the exclusive property of developer or its licensors, and developer reserves all rights not expressly granted to you. You agree to take all reasonable steps to protect the software and any license keys from unauthorized use or dissemination. 2.2 The software may have security features to limit its use by time or function. You agree to allow information to be stored on your computer for these features to be effective. Attempts to extend or remove these features are a violation of this Agreement. 2.3 You acknowledge your understanding that pre-release (beta) software is largely untested and can cause impaired or lost data, software or computer failure and other problems. 3. OWNERSHIP The software is the property of developer and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your license confers no title or ownership in the software and should not be construed as a sale of any right in the software. 4. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY The software and any support from developer are provided "as is" and without warranty, express or implied. Developer specifically disclaims any implied warranties of merchantability and fitness for a particular purpose. In no event will developer be liable for any damages, including but not limited to any lost profits, lost savings or any incidental or consequential damages, whether resulting from impaired or lost data, software or computer failure or any other cause, or for any other claim by user or for any third party claim. If any warranty, disclaimer or limitation on liability in this Agreement is found to be invalid or unenforceable for any reason, then developerS total liability to you (whether based in contract or tort, or otherwise) will in no event exceed the software license fees paid by you to developer. 5. REDISTRIBUTION The Software is distributed as part of an archive, typically a .zip or .exe setup file. Only the original Software archive provided by Developer can be copied and distributed and only under the following conditions: a) No money or fees will be charged. b) Archive will not be modified or combined with other software. 6. GENERAL 6.1 This Agreement between you and Developer supersedes any prior agreement or understanding, whether written or oral. If this version of the Software is an upgrade from another version or other product, this Agreement supersedes and replaces any previous license agreement. 6.2 By using the Software, you also express your understanding and agreement that you are responsible for complying with all applicable laws and regulations, including without limitation, export and re-export control laws and any applicable local laws. 6.3 In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement. 6.4 This license and your right to use the Software shall terminate automatically if you violate any part of this Agreement. In the event of termination, you shall immediately cease all use of the Software. 6.5 This Agreement will be governed by the laws of the State of Illinois, except for that State's conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. 6.6 You shall comply with all U.S. laws and regulations restricting the export of the Software to other countries. </plaintext>