ULTIMA PROPERTY INFORMATION SYSTEM LICENSE STATEMENT AND LIMITED WARRANTY IMPORTANT - READ CAREFULLY This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and Synergy Systems ("Synergy") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. If you are the original purchaser of the Software and you do not agree with the terms and conditions of the License Agreement, promptly return the unused Software to the place from which you obtained it for a full refund. Upon your acceptance of the terms and conditions of the License Agreement, Synergy grants you the right to use the Software in the manner provided below. This Software is owned by Synergy or its suppliers and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement. Except as provided in the License Agreement, you may not rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of Synergy and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software. If you have purchased an upgrade version of the Software, it constitutes a single product with the Synergy software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with the License Agreement. ADDITIONAL LICENSE TERMS FOR ULTIMA PROPERTY INFORMATION SYSTEM Synergy grants to you as an individual, a personal, non- exclusive license to install and use the Software for the sole purposes of creating, maintaining, storing, and referencing property information related databases. You may install a copy of the Software on a computer. Once installed, you MUST not move the Software from one computer to another. If you are an entity, Synergy Systems grants you the right to designate one individual within your organization ("Named User") to have the right to use the Software in the manner provided above. LIMITED WARRANTY Synergy warrants that the Software, as provided and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Default calculation formulae and/or scripts, and their functionality are provided "as is," without warranty of any kind, whether express or implied. Synergy shall in no circumstances be held liable for any calculations (or miscalculations thereof), resulting from any user configurable parameter(s) or option(s). Synergy's, and its suppliers' entire liability and your exclusive remedy shall be, at Synergy's option, either (a) return of the price paid less 10% administrative costs, or (b) repair or replacement of the Software that does not meet Synergy Limited Warranty and which is returned to Synergy with a copy of your receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE SYNERGY CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside Kenya, neither these remedies nor any product support services offered by Synergy are available without proof of purchase from an authorized non-Kenyan source. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNERGY SYSTEMS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR THE STATED PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYNERGY SYSTEMS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSSES) ARISING OUT OF THE USE OF, OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SYNERGY SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SYNERGY SYSTEMS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT WITH SYNERGY SYSTEMS, SYNERGY SYSTEMS' ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. SOFTWARE LIMITATION The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale in environments requiring fail-safe performance. Synergy and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. GENERAL PROVISIONS This statement may only be modified in writing signed by you and an authorized officer of Synergy Systems. If any provision of this statement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect. This statement shall be construed, interpreted and governed by the laws of Kenya. This statement gives you specific legal rights; Synergy Systems reserves all rights not specifically granted in this statement.