EULA

SOFTWARE END-USER LICENSE AGREEMENT (EULA)
IMPORTANT- READ CAREFULLY: This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between you (either an individual or a single entity) and Seppi Technology Associates, LLC (“STA”) for the software known as sepStream EMR/RIS/PACS™ and any updates, bug fixes, enhancements, additions, documentation, and any other related materials provided by STA (collectively, the “software”). The terms and conditions of the EULA are separate and apart from those contained in any other agreement between you and STA. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.

IMPORTANT. STA is willing to license its Software to you only if you accept all of the terms in this End-User License Agreement (“Agreement”). Please read this Agreement carefully and be sure you accept its terms before completing the installation of this product. If you do not agree with these terms, you may, within 15 days, return the Software, along with the entire package, unused, to Seppi Technology Associates, LLC for a refund, less a 30% restocking fee.

COPYRIGHT and TRADEMARK. Software, accompanying materials including media, printed materials, and electronic documentation, are owned by STA. The structure, organization, and source code are owned by and are the valuable trade secrets of Seppi Technology Associates, LLC and are therefore protected by United States and international copyright laws and by international treaty provisions. The Software and any accompanying materials as described above are copyrighted with all rights reserved. Your rights of ownership are subject to the limitations and restrictions imposed by copyright laws. Under the copyright laws you may not copy the Software or any accompanying materials, in whole or in part, except in the normal use of the Software or to make a copy for archival purposes, without the written consent of Seppi Technology Associates, LLC.

TERMS OF LICENSE.
This Software can only be used on a single computer at any one time. Therefore, the Software is to be loaded on only one hard drive at a time, per license owned. If the Software is placed on another computer, you must either erase the Software from the original computer™s hard drive when it is moved to a second hard drive unless you purchase additional licenses of the Software. If the Software is licensed to multiple computers, there may never be more copies in use than there are copies licensed at any given time. The Software may contain a component that will enable STA to inform the holder of the license of upgrades to the Software. STA is not obligated to provide technical support or updates for the software, but in the event they are provided, they will be deemed part of the Software and governed by this Agreement. Any copyright notice of licensing information contained in or with the Software shall not be removed.

RESTRICTIONS ON USE OF LICENSE.
The Software may not be rented, lent, leased, assigned or sold. Upon approval by STA, the Software and accompanying materials may be transferred to a different end user on a permanent basis provided no copies are retained and the recipient agrees to the terms of this Agreement. Neither the Software or its accompanying materials may be copies, altered, modified or adopted into any other use. You agree not to reverse engineer, translate, decompile or disassemble the Software.

TERMINATION. If any unauthorized copying of the Software or of any of the accompanying materials occurs, or there is a failure to comply on your behalf with any term of this Agreement, the result will be automatic termination of this license. Upon termination, you must either destroy or return to Seppi Technology Associates, LLC all copies of the Software and any accompanying materials.

LIMITED WARRANTY AND REMEDY. Seppi Technology Associates, LLC warrants that the Software will perform substantially (1) in accordance with the accompanying materials and (2) is free of defects in workmanship and material. Such Limited Warranty will be in force for 30 days following the end user™s receipt of the Software. In the event the Software does not conform to the above limited warranty, your exclusive remedy and STA™s entire liability will be, at STA™s discretion, and upon end user™s postage paid return of the Software and a copy of the original invoice, either (A) replacement of the non-conforming Software to meet the limited warranty or (B) return of the license fee. This limited warranty gives you specific legal rights. You may have others, which vary from state to state. Any replacement Software will also be warranted for 30 days from receipt by end user. The entire risk arising out of use or performance of the Software remains with you.

DISCLAIMER. STA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING MATERIALS. IN NO EVENT WILL STA OR ITS SUPPLIERS BE LIABLE TO THE END USER FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, OR OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY DEFECT IN THE SOFTWARE, ACCOMPANYING MATERIAL, MEDIA, OR MANUAL OR THE USE OR INABILITY TO USE THE SOFTWARE. SPECIFICALLY, STA SHALL HAVE NO LIABILITY FOR ANY DATA STORED IN OR USED WITH STA™S PRODUCTS, INCLUDING THE COSTS OF RECOVERING SUCH DATA EVEN IF STA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitations on duration of an implied warranty, so the above limitations may not apply to you. STA™s liability will in no event exceed the cost of replacement of the Software. The laws of the State of Texas shall govern this Agreement.

U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and any accompanying materials are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227.7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Seppi Technology Associates, LLC is located at 4747 Research Forest Drive, Suite-180-317, The Woodlands, Texas 77381.

This Agreement constitutes the entire agreement between parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. It will not be modified except by a written agreement signed by duly authorized representatives of the parties. If any provision of this Agreement is held to be unenforceable for any reason, it will be adjusted rather than voided to minimize the effect on the license and to achieve the intent of the parties and all other provision of the Agreement will be deemed valid and enforceable to the extent possible.