This End-User License Agreement ("EULA") is a legal agreement between you (either as an individual person, a registered business and or trading name, or a privately incorporated company or an unlisted public company or a publicly listed company or any government department or agency) and Cymtrix Training Systems Ltd being the owner of and or authorized and or appointed agent for all Cymtrix Training Systems Ltd training course products. This includes all intellectual property and copyright protected content that accompanies any training course product, and may include associated product components such as delivery media, any printed materials, "online" or electronic documentation, and Internet-based services (herein after referred to as "Cymtrix®"). An amendment or addendum to this EULA may accompany any Cymtrix® product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING ANY CYMTRIX® PRODUCT, AND ITS INTELLECTUAL PROPERTY and COPYRIGHT PROTECTED CONTENT. IF YOU DO NOT AGREE, THEN, YOU MUST NOT DOWNLOAD, INSTALL, COPY, OR USE ANY CYMTRIX® TRAINING COURSE PRODUCT OR ANY OF ITS COMPONENTS OR ITS ACCOMPANYING INTELLECTUAL PROPERTY AND OR COPYRIGHT PROTECTED CONTENT.

1. GRANT OF LICENSE. Cymtrix Training Systems Ltd grants you the following rights provided that you comply with all terms and conditions of this EULA:

1.1 Installation and use. You may install, use, access, display and run one copy of Cymtrix® training course products that have been specifically deemed only to be executed, installed or run on a single computer, such as a workstation, terminal or other device ("Workstation Computer"). The Cymtrix® training course may not be used by more than one integrated processor at any one time on any single Workstation Computer. If you want to run Cymtrix® training courses on multiple Workstation Computers, then either additional licenses or an a specific network  server license must be purchased for each and every additional Workstation Computer.

1.2 Mandatory Activation. The license rights granted under this EULA commence at the date and time you first install the Cymtrix®  training course and after entering any serial number, activation key or password coded message that has been supplied to you, after placing your order for any Cymtrix®  training course product. You may also need to reactivate your installed Cymtrix® training course if you modify your computer hardware. If you are not using a licensed copy of the Cymtrix® training course, you are not allowed to install the Cymtrix® training course or receive by any means whatsoever any future Cymtrix® training course updates.

1.3 Device Connections. You may permit an unlimited number of other electronic devices (each a "Device") to connect to the Workstation Computer to utilize one or more of the following services of the legally licensed Cymtrix® training course: File Services, Print Services, Internet Information Services, and remote access.

1.4 Storage/Network Use. You may NOT store or install a copy of the Cymtrix® training course on a storage device, such as a network server unless the product has been deemed and specifically licensed for use on such a device.  The Cymtrix® training course is only to be installed, used, executed or concurrently run on the number of operating Workstation Computer(s) determined by or restricted to the Cymtrix® product design specification for that particular licensed product.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

2.1 Internet-Based Services Components. The Cymtrix® training course contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that Cymtrix Training Systems  Ltd may automatically check the version of the Cymtrix® training course and or its components that you are utilizing.

3. RESERVATION OF RIGHTS AND OWNERSHIP. Cymtrix Training Systems Ltd reserves all rights not expressly granted to you in this EULA. The Cymtrix® training course is protected by copyright and other intellectual property laws and treaties. Cymtrix Training Systems Ltd or its suppliers own the title, copyright, and other intellectual property rights in the Cymtrix® training course. The Cymtrix® training course is licensed not sold.

4. LIMITATIONS ON REVERSE ENGINEERING, DE COMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Cymtrix® training course, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide free or otherwise, public commercial hosting services with the Cymtrix® training course.

6. CONSENT TO USE OF DATA. You agree that Cymtrix Training Systems Ltd and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Cymtrix® training course. Cymtrix Training Systems Ltd may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

7. LINKS TO THIRD PARTY SITES. You may NOT link to third party sites through the use of the Cymtrix® training course.

8. ADDITIONAL CYMTRIX® TRAINING COURSE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Cymtrix® training course that Cymtrix Training Systems Ltd may provide to you or make available to you after the date you obtain your initial copy of the Cymtrix® training course, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Cymtrix Training Systems Ltd reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Cymtrix® training course.

9. UPGRADES. To use Cymtrix® training course identified as an upgrade, you must first be licensed for the Cymtrix® training course and be identified by Cymtrix Training Systems Ltd as eligible for the upgrade. After upgrading, you may no longer use the Cymtrix® training course that formed the basis for your upgrade eligibility.

10. NOT FOR RESALE-CYMTRIX® TRAINING COURSE. The Cymtrix® training course is identified as "Not for Resale" or "NFR," and may not be sold or otherwise transferred for value, or used for any purpose whatsoever.

11. EXEMPTIONS-EXCEPTIONS.  All licensed copies of the Cymtrix® training course contain an electronic copy of a learner or student training course manual or note book as an accompanying component. The accompanying Cymtrix® training course learner manual or note book is an exempt component from terms of this EULA in as much that it is considered a consumable learner or student item once printed out in hard copy form. The Cymtrix® training course learner or student manual or note book, once printed out into hard copy form, is not subject to any to any update or renewal service which includes rectification of errors or additions to content, or loss replacement except for the other applicable clauses which are described in this EULA. The learner or student manual or note book that accompanies the Cymtrix® training course is subject to international copyright protection and is claimed as follows: This learner manual or student note book is copyright.  Apart from any fair dealings for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without permission.  The rights of Cymtrix Training Systems Ltd is identified as the moral rights author has been asserted.

12. NUMBERS OF LEARNER/STUDENTS ELIGIBLE TO UNDERTAKE THE CYMTRIX® TRAINING COURSE. All licensed users of the Cymtrix® training course may nominate, select or choose suitable learners or students to undertake the Cymtrix® training course, provided that there is a licensed copy installed on one (or in the case of a multiple licensed Computer Workstation(s) or network server products), then an unlimited number of learners or students may undertake the  Cymtrix® training course.

13. CYMTRIX® TRAINING COURSE TRANSFER. Internal Use. You may move the Cymtrix® training course to a new or different Workstation Computer or network server if so licensed. After the transfer, you must completely remove the Cymtrix® training course from the old or former Workstation Computer or network server if so licensed. Transfer to Third Party. The initial licensed and registered user of the Cymtrix® training course, may make a one-time permanent transfer of this EULA and the Cymtrix® training course to another end user, provided the initial licensed and registered user retains no copies of the Cymtrix® training course . This transfer must include all of the Cymtrix® training course (including all component parts, the media and non learner printed materials, any upgrades, and this EULA. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the new end user receiving the Cymtrix® training course must agree to all the EULA terms.

14. TERMINATION. Without prejudice to any other rights, Cymtrix Training Systems Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Cymtrix® training course and all of its component parts.

15. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Cymtrix Training Systems  Ltd, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Cymtrix® training course does not meet Cymtrix Training Systems  Ltd's operating specifications to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose.

15.1 YOUR EXCLUSIVE REMEDY. Cymtrix Training Systems Ltd's and its suppliers' entire liability and your exclusive remedy for any other breach of this EULA or for any other liability relating to the Cymtrix® training course  shall be, at Cymtrix Training Systems Ltd's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Cymtrix® training course , or (b) repair or replacement of the Cymtrix® training course , providing that it is returned to Cymtrix Training Systems Ltd with a copy of your receipt. You will receive the remedy elected by Cymtrix Training Systems Ltd without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping of your copy of the Cymtrix® training course to Cymtrix Training Systems Ltd). This remedial offer will be declared void if the operational failure of the Cymtrix® training course has resulted from accident, abuse, misapplication, abnormal use or a virus infection. Any replacement Cymtrix® training course will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Cymtrix Training Systems Ltd will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Cymtrix Training Systems Ltd's warranty remedy procedures.

16. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only expressed warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Cymtrix Training Systems Ltd and its suppliers provide the Cymtrix® training course and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether expressed, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Cymtrix® training course , and the provision of or failure to provide support or other services, information, Cymtrix® training course , and related content through the Cymtrix® training course  or otherwise arising out of the use of the Cymtrix® training course . ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE CYMTRIX® TRAINING COURSE.

17. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYMTRIX TRAINING SYSTEMS LTD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE CYMTRIX® TRAINING COURSE , THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, CYMTRIX® TRAINING COURSE , AND RELATED CONTENT THROUGH THE CYMTRIX® TRAINING COURSE  OR OTHERWISE ARISING OUT OF THE USE OF THE CYMTRIX® TRAINING COURSE , OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CYMTRIX TRAINING SYSTEMS  LTD OR ANY SUPPLIER, AND EVEN IF CYMTRIX TRAINING SYSTEMS  LTD OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Cymtrix Training Systems Ltd and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Cymtrix Training Systems Ltd with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Cymtrix® training course  up to the amount actually paid by you for the Cymtrix® training course  or  GB £5.00. The foregoing limitations, exclusions and disclaimers (including Sections 15, 16 and 17) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

19. APPLICABLE LAW. No matter where you acquired this Cymtrix® training course, this EULA is governed by the laws of England and Wales.

20. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Cymtrix® training course) is the entire agreement between you and Cymtrix Training Systems Ltd relating to the Cymtrix® training course and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Cymtrix® training course or any other subject matter covered by this EULA. To the extent the terms of any Cymtrix Training Systems Ltd policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

The guarantee - The Cymtrix® training course is designed and offered as a general-purpose, non industry specific training course and not for any user's particular purpose. You accept that no Cymtrix® training course is error free and you are strongly advised to back-up your files regularly. Provided that you have a valid license, Cymtrix Training Systems Ltd guarantees that a) for a period of 90 days from the date of receipt of your license to use the Cymtrix® training course  or the shortest period permitted by applicable law it will perform substantially in accordance with the written materials that accompany the Cymtrix® training course ; and b) any support services provided by Cymtrix Training Systems Ltd shall be substantially as described in applicable written materials provided to you by Cymtrix Training Systems Ltd and Cymtrix Training Systems Ltd support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that the Cymtrix® training course fails to comply with this guarantee, Cymtrix Training Systems Ltd will either (a) repair or replace the Cymtrix® training course or (b) return the price you paid. This guarantee is void if failure of the Cymtrix® training course results from accident, abuse or misapplication. Any replacement Cymtrix® training course will be guaranteed for the remainder of the original guarantee period or 30 days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to the Cymtrix® training course and any support services.

Exclusion of All Other Terms - To the maximum extent permitted by applicable law and subject to the guarantee above, Cymtrix Training Systems Ltd disclaims all warranties, conditions and other terms, either expressed or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Cymtrix® training course and the written materials that accompany the Cymtrix® training course . Any implied warranties that cannot be excluded are limited to 90 days or to the shortest period permitted by applicable law, whichever is greater.

Limitation of Liability - To the maximum extent permitted by applicable law and except as provided in the Cymtrix Training Systems Ltd Guarantee, Cymtrix Training Systems Ltd and its suppliers shall not 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 or inability to use the Cymtrix® training course , even if Cymtrix Training Systems Ltd has been advised of the possibility of such damages. In any case Cymtrix Training Systems Ltd's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Cymtrix® training course. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.

Consumer rights - Consumers in Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the Trade Practices Act and similar state and territory laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer Protection Act in Malaysia in respect of which liability cannot lawfully be modified or excluded. If you acquired the Cymtrix® training course in New Zealand for the purposes of a business, you confirm that the Consumer Guarantees Act does not apply. If you acquired the Cymtrix® training course  in Australia and if Cymtrix Training Systems Ltd breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this agreement then, to the extent permitted by law, Cymtrix Training Systems Ltd's liability is limited, at Cymtrix Training Systems Ltd's option, to: (i) in the case of the Cymtrix® training course : a) repairing or replacing the Cymtrix® training course; or b) the cost of such repair or replacement; and (ii) in the case of support services: a) re-supply of the services; or b) the cost of having the services supplied again.

Should you have any questions concerning this EULA, or if you desire to contact Cymtrix Training Systems Ltd for any reason, please use the address information enclosed in this Cymtrix® training course or to contact Cymtrix Training Systems Ltd by visiting the website http://www.cymtrix.com/.