
ITA SOFTWARE, INC. LICENSE AGREEMENT 
Before opening this diskette package, please review the following terms and conditions of this agreement carefully.  This is a legal agreement between you and ITA Software, Inc.  The terms of this Agreement govern your use of this software.  Opening this diskette envelope or use of the enclosed materials will constitute your acceptance of the terms and conditions of this agreement.

1.	Grant of License
In consideration of payment of the license fee, which is part of the price you paid for this software package (referred to in this Agreement as the "Software") ITA Software, Inc., as Licensor, grants to you, as Licensee, a non-exclusive right to use and display this copy of the Software on a single computer only (i.e., a single CPU) at any time.  License is NOT granted for use on a multi-user network and network use is prohibited.

2.	Ownership of Software
As Licensee, you own the magnetic or other physical media on which the Software is originally or subsequently recorded or fixed, but ITA Software, Inc. retains title and ownership of the Software, both as originally recorded and all subsequent copies made of the Software regardless of the form or media in which or on which the original or copies may exist.  This license is not a sale of the original software or any copy.

3.	Copy Restrictions
The Software and the accompanying written materials are protected by U.S. Copyright laws.  Unauthorized copying of the Software, including Software that has been modified, merged, or included with other software or of the original written material is expressly forbidden.  You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.   Subject to these restrictions, you may make one (1) copy of the Software solely for back-up purposes provided such back-up copy contains the same proprietary notices as appear in this software.

4.	Use Restrictions
As the Licensee, you may use this software for personal, non-commercial use only.  You may not use or allow the use of this Software or its output results for commercial purposes, whether for a fee or not.  Consulting, Clinical or Hospital use of the Software or its output results is prohibited whether in exchange for a fee or not.  

As the Licensee, you may physically transfer the Software from one computer to another provided that the Software is completely de-installed from one computer before it is loaded onto another  You may not distribute copies of the Software or the accompanying written materials to others.  You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software.  You may not modify, adapt, translate or created derivative works based on the written materials without the written consent of ITA Software, Inc.

5.	Transfer Restrictions.
This Software is licensed to only you, the Licensee, and may not be transferred to anyone else without the prior written consent of ITA Software, Inc.  Any authorized transferee of the Software shall be bound by the terms and conditions of this Agreement.  In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the Software on a temporary or permanent basis except as expressly provided herein.

6.	Termination.
This license is effective until terminated.  This license will terminate automatically without notice from ITA Software, Inc., if you fail to comply with any provision of this license.  Upon termination you shall destroy the written materials and all copies of the Software, including modified copies, if any, and shall execute de-install software provided with the Software for that purpose.

7.	Disclaimer of Warranty and Limited Warranty.
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED OF ANY KIND, AND ITA SOFTWARE, INC. SPECIFICALLY DISCLAIMS THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.

However, ITA Software, Inc. warrants to the original Licensee that the disk(s) on which the Software is recorded is free from defects in materials and workmanship under normal  and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of the receipt of purchase.  Further, ITA Software, Inc. hereby limits the duration of any implied warranty(ies) on the disk to the period stated above.  Some jurisdictions may not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, THAT ARE MADE BY ITA SOFTWARE, INC. ON THE SOFTWARE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ITA SOFTWARE, INC., ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY UPON SUCH INFORMATION OR ADVICE.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE OTHER RIGHTS, WHICH VARY ACCORDING TO JURISDICTION.

8.	Limitations of Remedies.
ITA Software, Inc.'s entire liability and your exclusive remedy shall be replacement of the defective disks.  THE ACCEPTANCE OF LIABILITY BY THE LICENSEE FOR THE USE AND MISUSE OF THE SOFTWARE, WHICH IS INCLUDED IN THE STARTUP SCREENS OF THE SOFTWARE AND ACCEPTANCE OF WHICH IS REQUIRED AS PART OF THE STARTUP PROCESS, IS HEREBY INCORPORATED INTO THIS LICENSE AGREEMENT, AND THE EXCULPATION OF ITA SOFTWARE, INC.'S POTENTIAL LIABILITY CONTAINED THEREIN HEREBY BECOMES  BINDING UPON THE LICENSEE AS A PART OF THIS AGREEMENT.  

NEITHER ITA SOFTWARE, INC. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE) ARISING OUT OF THE USE OR MISUSE OF, OR INABILITY TO USE THE SOFTWARE EVEN IF ITA SOFTWARE INC. HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  

9.	Miscellaneous
This Agreement shall be governed by the laws of the State of Idaho and you agree to submit to personal jurisdiction in the State of Idaho.  This agreement constitutes the complete and exclusive statement of the terms of the agreement between you and ITA Software, Inc.  It supersedes and replaces any previous written or oral agreements and communications relating to this Software.  If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
