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Software License and Limited Warranty

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES.

These terms and conditions apply (i) unless the customer has signed a separate purchase agreement with DENTTIO, in which case the separate agreement shall govern; or (ii) unless other DENTTIO standard terms apply to the transaction.

These terms and conditions are subject to change without prior written notice at any time, in DENTTIO's sole discretion.

1. SCOPE OF USE. In this agreement, Software shall mean the machine readable software programs and associated files in this package, and any modified version, upgrades and other copies of such programs and files. The term Product shall mean the Software, hardware components, the user's manual(s), and other printed materials accompanying the Software. This License provides you with the right to install the Software with a single database at a single location. You may not use the Software on a network system unless you have paid the workgroup-user license fee. You may not rent, loan, lease, reverse assemble, or reverse compile the Software. You may not use, copy, modify, merge, or transfer copies of the Software except as provided for in this agreement.

2. ASSIGNMENT. You may transfer this License together with the original Product on a permanent basis only after the following conditions are met: 1) You have received written permission from Denttio to transfer the License; 2) The recipient has signed and submitted a new License Agreement; 3) Applicable Transfer Fee, determined by Denttio, has been fully paid; and 4) You return all copies of the Software that you do not transfer to the recipient. Except as provided above, you may not sublicense, assign or transfer the License for the Product. Any attempt to do so shall terminate the License. You are responsible for notifying Denttio in the event of a change of address.

3. COPIES, MODIFICATIONS OR MERGER. You may not make any other copies or modify all or any portion of the Software or Documentation or merge it into another program unless expressly authorized in writing by Denttio. You shall use your best efforts to prevent any unauthorized copying of the Software.

IF YOU COPY, MODIFY OR MERGE ANY PORTION OF THE SOFTWARE OTHER THAN WITH DENTTIO'S WRITTEN AUTHORIZATION OR IF YOU TRANSFER POSSESSION OF ANYCOPY, MODIFICATION OR MERGED PORTION OF THE SOFTWARE TO ANOTHER PARTY WITHOUT OBTAINING THE TRANSFEREE'S AGREEMENT REQUIRED UNDER SECTION 2 ABOVE, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

4. TERM. The License hereunder is effective until terminated. Denttio may terminate this agreement at any time if you are in breach of any of its terms and conditions. Upon termination, you shall return the media (e.g., CD, diskettes) containing the Software together with all Documentation to Denttio and destroy any copies of the Software or any portions of it that have not been returned to Denttio, including copies resident in computer memory.

5. LIMITED WARRANTY. Denttio warrants that for thirty (30) days from the date of original purchase of the media (e.g., CD, diskettes) on which the Software is contained, the media will be free from defects in materials and workmanship and warrants that the Software will perform in accordance with the accompanying written material. YOU MUST ASSUMEFULLRESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATIONANDUSE OF THE PRODUCTANDFOR VERIFYING THE RESULTS OBTAINED FROM ITS USE. DENTTIO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCTAREFITFOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE SOFTWAREAREFITFOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE INTERRUPTION- OR ERROR-FREE.

If you discover a defect in the Product (Denttio warrants the Software to operate substantially as described in the Documentation for 30 days), you should return the defective Product to Denttio within such period together with the receipt showing the price and date of purchase of this License. Denttio will, upon verification of the defect or error, either repair or replace the defective Product.

Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED "AS IS ANDWITH ALLFAULTS" TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DENTTIO DISCLAIMS ALLWARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE ANDTHE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, ANDFOR THE INSTALLATION OF, USE OF, ANDRESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, DENTTIO MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREEOR FREEFROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES ANDJURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAYNOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

6. EXTENDED WARRANTY. Extended warranties for years two through five may be available from DENTTIO. Products delivered for warranty service under an extended warranty must be accompanied with proof that the Product was purchased with an extended warranty or extended warranty was purchased before its original warranty expiration date. Extended warranty information must be on record at DENTTIO (registration number of product under warranty and Customer) or extended warranty service will not be honored. Extended warranties are only extended to original Customer and are not transferable to anyone else. Coverage under extended warranties is the same, and is subject to the same restrictions and conditions, as set forth herein. DENTTIO may not send warranty expiration notices; it is Customer's responsibility and option to contact DENTTIO and to purchase Extended warranties.

7. LIMITATION OF LIABILITIES. UNDER NO CIRCUMSTANCESANDUNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL DENTTIO OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,WORKSTOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANYANDALLOTHER DAMAGES OR LOSSES. IN NO EVENT WILL DENTTIO BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE DENTTIO CHARGES FOR A LICENSE TO THE SOFTWARE OR US$5.00, EVEN IF DENTTIO SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATESANDJURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATIONANDEXCLUSIONMAYNOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

8. THIRD PARTY PRODUCTS. The decision to acquire hardware, software (in any form), supplies or service from parties other than Denttio (Third Party Products) is yours, even if Denttio helps you identify, evaluate or select them. EXCEPT AS SPECIFICALLY AGREED TO IN WRITING, DENTTIO IS NOT RESPONSIBLE FOR,ANDEXPRESSLY DISCLAIMS LIABILITY FOR, PERFORMANCE OR QUALITY OF THIRD PARTY PRODUCTS OR THEIR SUPPLIERS,ANDTHEIR FAILURE WILL NOT AFFECT YOUR OBLIGATIONS TO DENTTIO; any claim that you have in connection with the Third Party Products and any remedies for such claim will be against the supplier of such Third Party Products.

9. SERVICE. Denttio-branded Software products come with a one-year technical support and software updates*.

*Update is the extension of Software that helps you to keep your Software up-to-date. New content is added to the Update, so you can get the updates and fixes to protect your Software and keep it running smoothly. New Features and Functions are not a part of an Update.

NOTE: Some Updates may require that you restart your computer. Save your work & close any open programs before beginning of uninstall of update.

10. FORCE MAJEURE. Denttio shall have no liability for delays, failure in performance or damages due to: fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, unauthorized use of the Product, or other causes beyond Denttio's control, whether or not similar to the foregoing.

11. GENERAL. You agree that this agreement constitutes the entire agreement between you and Denttio and supersedes any prior agreement or any other communications relating to the use of the Product. It shall not be modified except by written agreement dated subsequent to the date of this agreement and signed by an authorized representative from the Denttio corporate headquarters. Denttio is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless Denttio specifically agrees to the provision in writing. If any provision of this Agreement is not enforceable, all others will remain in effect. This Agreement is governed by the laws of the State of California and the United States of America, including U.S. copyright laws. The Federal and State Courts resident in Los Angeles, California shall have exclusive jurisdiction to adjudicate any dispute arising under or out of this Agreement.

12. U.S. GOVERNMENT RESTRICTED RIGHTS. This Product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, subparagraph (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at 48 FAR 52.227-19 as applicable. This Software is owned by Denttio and its structure, organization and code are the valuable trade secrets of Denttio. The Software also protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.