STETHOGRAPHICS, INC. LEARNING LUNG SOUNDS END USER LICENSE AGREEMENT AND LIMITED WARRANTY

BY USING THE SOFTWARE, TEXT AND IMAGES (“PROGRAM”) INCLUDED WITH THIS AGREEMENT YOU WILL INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND STETHOGRAPHICS, INC. (‘STETHOGRAPHICS). THE SOFTWARE AND ACCOMPANYING ITEMS ARE PROVIDED TO YOU ONLY UPON THE CONDITION THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND DO NOT WANT YOUR ACT OF USING THE SOFTWARE TO INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE SOFTWARE TOGETHER WITH ALL ACCOMPANYING ITEMS ("PROGRAM PACKAGE") FOR A FULL REFUND.

TECHNICAL SUPPORT: If you have any problems with the program, or if you have any questions concerning this Agreement, contact Stethographics Technical Support Department
via the internet: www.stethographics.com.

LIMITED USE LICENSE: Stethographics and its suppliers grant you the right
to use one copy of the Program for your personal use only. The
Program is owned by Stethographics as set forth in the Program or
associated documentation and is protected by United States
copyright laws and international treaties. All rights not
expressly granted are reserved by Stethographics. This Agreement is
governed by the laws of the Commonwealth of Massachusetts.

YOU MAY:
-- Make copies of the Program solely for backup or archival
purposes provided that you reproduce all information including
copyright and patent notices.
-- Transfer the Program to hard disks on computers that you own
for your personal use.
-- Transfer the complete Program Package on a permanent basis,
provided that you retain no copies and the recipient agrees in
writing to the terms of this Agreement.

YOU MAY NOT:
-- Make copies of the Program, or make copies of the materials
accompanying the Program, except as provided above.
-- Use the Program in a network or other multi-user
arrangement or on an electronic bulletin board system or other
remote access arrangement.
-- Rent, give, lease, license, or otherwise transfer the
Program without the express consent of Stethographics, except that you may
transfer the complete Program Package on a permanent basis as
provided above.
-- Reverse engineer, decompile, disassemble, or create
derivative works of the Program.

LIMITED WARRANTY: Stethographics warrants, to the original buyer only,
that the media upon which the Program is recorded shall be free
from defects in materials and workmanship under normal use and
service for a period of ninety (90) days from the date of
purchase. Any implied warranties on any Program are limited to
ninety (90) days. Some states do not allow limitation on the
duration of an implied warranty, so the above limitation may
not apply to you.

EXCLUSIVE REMEDY: Stethographics’ entire liability and your exclusive
remedy shall be, at Stethographics’ option, either (a) the repair or
replacement of the Program that does not meet Stethographics’ Limited
Warranty and which is returned to Stethographics with a copy of your
receipt: or (b) a refund of the price, if any, which you paid
for the Program and associated materials as substantiated with
proof of purchase. TO MAKE A WARRANTY CLAIM, PLEASE RETURN THE
PROGRAM PACKAGE TOGETHER WITH YOUR PROOF OF PURCHASE TO STETHOGRAPHICS DURING THE WARRANTY PERIOD. This Limited Warranty is void if
the failure of the media upon which the Program is recorded has
resulted from accident, abuse, or misapplication. Any
replacement Program will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is
longer.

NO OTHER WARRANTIES: WITH RESPECT TO THE PROGRAM, PROGRAM
MEDIA AND THE ACCOMPANYING WRITTEN MATERIALS, STETHOGRAPHICS AND ITS SUPPLIERS, IF ANY, DISCLAIM ALL WARRANTIES, OTHER THAN THE
ABOVE WARRANTY BY STETHOGRAPHICS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STETHOGRAPHICS DOES NOT WARRANT THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE.

LIMITATIONS ON DAMAGES: IN NO EVENT SHALL STETHOGRAPHICS OR ITS
SUPPLIERS, IF ANY, BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM
OR PROGRAM PACKAGE, EVEN IF STETHOGRAPHICS OR ITS SUPPLIERS, IF ANY, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL STETHOGRAPHICS’ LIABILITY FOR ANY REASON EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE SPECIFIC PROGRAM. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.

All Rights Reserved.
Copyright © 2001 by Stethographics, Inc.