Total Access Statistics License Agreement
PLEASE READ THE FMS SOFTWARE LICENSE AGREEMENT. YOU MUST AGREE TO BE BOUND BY THETERMS OF THIS AGREEMENT BEFORE YOU CAN INSTALL OR USE THE SOFTWARE.
IF YOU DO NOT ACCEPT THE TERMS OF THE LICENSE AGREEMENT FOR THIS OR ANY FMS SOFTWAREPRODUCT, YOU MAY NOT INSTALL OR USE THE SOFTWARE. YOU SHOULD PROMPTLY RETURN ANYFMS SOFTWARE PRODUCT FOR WHICH YOU ARE UNWILLING OR UNABLE TO AGREE TO THE TERMSOF THE FMS SOFTWARE LICENSE AGREEMENT FOR A REFUND OF THE PURCHASE PRICE.

Ownership of the SoftwareThe enclosed software program (“SOFTWARE”) and the accompanying written materials are owned
by FMS, Inc. or its suppliers and are protected by United States copyright laws, by laws of othernations, and by international treaties. You must treat the SOFTWARE like any other copyrighted
material except that you may make one copy of the SOFTWARE solely for backup or archival purpose,and you may transfer the SOFTWARE to a permanent storage device.
Grant of License
The SOFTWARE is licensed on a per seat (user/developer) basis. Contact FMS to purchase additional
licenses.
For each license purchased, you are permitted (either as an individual, or if an entity, one designatedindividual) to use the program on one computer at a time.
Owners of a multi-user license (starting with a 5-license pack) can install the product on a machine
shared by multiple users. The number of users is limited to the licenses purchased.
Use and Redistribution Rights
This SOFTWARE license is for one user only and includes a Runtime License granting limited
redistribution rights.
The Runtime Library Database is available to let you distribute applications that run the scenarios youcreated. The Runtime License gives you the non-exclusive, royalty-free right to incorporate Total
Access Statistics scenarios in your applications, provided that:
1. Each developer using the SOFTWARE owns a Runtime License;
2. Your application adds substantial value to the SOFTWARE and is not a standalone statisticalanalysis program;
3. Your application does not attempt to replicate the interactive user interface of theSOFTWARE;
4. Your application is not a freeware or shareware product;
5. You only distribute the Runtime Library Database and no other files of the SOFTWARE;
6. If you claim a copyright, you must add a clause stating "Portions of this program are Total
Access Statistics from FMS, Inc.", and do not claim ownership of the Software.

7. You agree to indemnify, hold harmless, and defend FMS and its suppliers or contractors fromand against any claims or lawsuits, including attorneys’ fees, that arise or result from the useor distribution or other activities relating to your applications.
Restrictions
You may not reverse engineer, de-compile, or disassemble this SOFTWARE. The SOFTWARE islicensed as a single product and may not be separated by use for more than one user at a time. Youmay not rent or lease the SOFTWARE.
You may not transfer any of your rights under the FMS Software License Agreement to otherindividuals or entities. Without prejudice to any other rights, FMS may terminate this FMS Software
License Agreement at any time if you fail to comply with any of its terms. In such an event oftermination, you must destroy and stop using all affected SOFTWARE copies.
Transfer of License
If your SOFTWARE is marked “NOT FOR RESALE”, you may not sell or resell the SOFTWARE, nor may
you transfer the FMS Software license.
If your SOFTWARE is not marked “NOT FOR RESALE”, you may transfer your license of the SOFTWARE
to another user or entity provided that:
1. You have not distributed applications including the SOFTWARE;
2. The recipient agrees to all terms of the FMS Software License Agreement;
3. You provide all original materials including software disks or compact disks, and any otherpart of the SOFTWARE’s physical distribution to the recipient;
4. You remove all installations of the SOFTWARE; and5. You notify FMS, in writing, of the ownership transfer.
Limited Warranty
If you discover physical defects in the media on which this SOFTWARE is distributed, or in the related
manual, FMS, Inc. will replace the media or manual at no charge to you, provided you return theitem(s) within 60 days after purchase.
ALL IMPLIED WARRANTIES ON THE MEDIA AND MANUAL, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO SIXTY (60) DAYSFROM THE DATE OF PURCHASE OF THIS PRODUCT.
Although FMS, Inc. has tested this program and reviewed the documentation, FMS, Inc. makes nowarranty or representation, either expressed or implied, with respect to this SOFTWARE, its quality,performance, merchantability, or fitness for a particular purpose. As a result, this SOFTWARE islicensed “AS-IS”, and you are assuming the entire risk as to its quality and performance.
IN NO EVENT WILL FMS, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, OR INABILITY TO USE THIS SOFTWARE ORITS DOCUMENTATION.
THE WARRANTY AND REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU
OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.

Some states do not allow the exclusion or limitation of implied warrantees or liability for incidental
or consequential damages, so the above limitations or exclusions may not apply to you. This
warranty gives you specific legal rights; you may also have further rights that vary from state to state.
U.S Government Restricted Rights
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, ordisclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of theRights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, asapplicable.