1. ApotheSoft^TM - License Agreement

1.1 This agreement is between ApotheSoft, LLC (the Licensor), and you (the Licensee). It covers your use of the ApotheSoft^TM pharmacy software, hereinafter referred to as "ApotheSoft", or simply as "the Program" or "the Software".

1.2 By installing ApotheSoft onto a computer, you are deemed to agree to these license terms. Every time to start the Apothesoft program you re-affirm the license agreement.

1.3 If you do not agree to these terms, you must not proceed with installation, or, if ApotheSoft has already been installed, you must remove ApotheSoft from your system.

1.4 The Licensor reserves the right to modify ApotheSoft, and also the terms of this License Agreement at any time, and without prior notification.

1.5 You may use ApotheSoft only according to this License Agreement. This Agreement shall be governed by, and construed in accordance with the laws of Washington State, USA and shall be subject to the jurisdiction of the Washington State Courts.

2. Grant of License

2.1 The Licensor grants you a non-exclusive, non-transferable license to use a single copy of the Program, or, if multiple licenses were purchased, that number of copies of the Program, for one year. The Software is at all times owned by the Licensor and/or its suppliers. As Licensee, you own a License, not the Software. Upon expiration of the one year License term, you must renew the License and pay the License fee. Without a current License the Software will cease to function until you have purchased a valid License.

3. Statement of Copyright and Trademark

4. Rights of Usage

4.1 You may freely use the facilities offered by an installed ApotheSoft system, so long as you do not use any component file (that was installed as part of the ApotheSoft system) for any purpose other than that for which it was provided, namely as an integral component of the ApotheSoft system.

4.2 You may not make changes to any files, other than the ApotheSoft INI configuration file, in ApotheSoft's installed directory or folder(s), except as may be offered to you through ApotheSoft's program interface. Any such action is a violation of this agreement.

4.3 You agree not to use the ApotheSoft pharmacy software for more than the pharmacy location for which a License has been purchased.

5. Rights of Distribution

5.1 You have no rights of distribution. You may not under any circumstances distribute the ApotheSoft installation program, any unique access code(s) or key files that may be provided to you, or any binary file which forms part of an installed ApotheSoft system. However, you may freely distribute copies of the original (Trial) version of the Program, in its original format, so long as you do not charge more than a nominal fee to cover the cost of materials. You may not, in any way, change the original distribution file, except to package it within another archive if necessary.

6. General Provisions

6.1 You may not modify any part of ApotheSoft, including documentation. Licensor expressly forbids de-compilation or reverse engineering of the Software or creation of derivative works from the Software or its documentation.

6.2 You may not remove, obscure or alter any notice of patent, copyright, trademark or other proprietary notice on the Software.

6.3 You may not sub-license, distribute, rent, lease, copy or otherwise transfer the Software or any unique access code(s) or key files.

6.4 You may not make the Software accessible by any type of broadcast or transmission.

6.5 You may not enable a third party to perform any of the acts described in this section.

6.6 You agree to supervise and control use of the Software in accordance with the terms of this License, which at a minimum will mean that you ensure that anyone who uses the Software (employees, agents or other affiliated parties) is notified of this License and the terms hereof prior to such employee's, agent's or affiliated party's use of the Software.

6.7 Violation of any of the above provisions may result in termination of this License, and may further result in criminal or civil prosecution.

6.8 You agree to create and maintain daily, weekly and monthly backups of your Apothesoft Datafiles and to keep copies of those backups in a safe secure location as per Federal HIPPA regulations.

6.9 You agree that, should you decide to use the legacy "pharmacist maintained" drug-drug interaction module, you take full responsibility to maintain and up date the drug interaction tables that this module requires. You acknowledge that you have been advised that ApotheSoft LLC does NOT recommend that pharmacist use this method of getting drug-drug interaction checking. Apothesoft, LLC only recommends the Lexi-Comp Online drug interaction module, which is an extra cost feature of the Software.

7. Warranty

7.1 The ApotheSoft pharmacy software has been developed diligently, and is offered for use in good faith. All use of the software is entirely at the user's risk. The software and documentation are provided "AS IS". The Help file contains a comprehensive product description. Neither the author/programmers of the software nor the Licensor make any warranties, implied or express, regarding the ApotheSoft software and its predecessor PPS software. Use of the ApotheSoft software indicates that you agree that there are NO implied WARRANTIES of Merchantability and Fitness for a particular purpose. If the Program fails to meet your expectations, you agree that your only recourse is to stop using the Software and to find other Software to replace it. You agree to hold the authors/programmers and the former and current Licensor(s) harmless from and indemnify them from any and all litigation arising from the use or misuse of the Software even in the event the Software fails to function properly.

7.2 You acknowledge that, as with any sufficiently complex computer program, the Software is unlikely to be completely error-free, and you agree that the existence of such errors shall not constitute a breach of this License.

7.3 In the event that you discover a material error which substantially affects your use of the Software, and notify the Licensor of the error within thirty (30) days from the date of the first use of the Software, the Licensor shall use all reasonable endeavors to correct by patch or new release that part of the Software which does not so comply, provided that such non-compliance has not been caused by any modification, variation or addition to the Software not performed by the Licensor or caused by incorrect use, abuse or corruption of the Software or by use of the Software with other Software, or on equipment with which it is incompatible, or which is beyond the reasonable knowledge or control of the Licensor.

7.4 The Licensor makes no warranty, express or implied, including, but not limited to, any warranty of merchantability, non-infringement or fitness for any particular purpose. Specifically, the Licensor does not warrant that the functions mentioned in the Software will meet the Licensee's individual requirements.

8. Limitation of Liability

8.1 To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever or for damages for loss of business profits, business interruption, computer failure, loss of business information, Loss of Goodwill, or other pecuniary loss arising out of this License Agreement or the use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages.

8.2 In no event shall Licensor be liable for indirect, special, incidental or consequential loss or damage which may arise in respect of the Software, its use, the System or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings.

9. Intellectual Property Rights

9.1 You acknowledge that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights subsisting in or used in connection with the Software including but not limited to all documentation and manuals relating thereto, all images, animations, audio music and text which may be incorporated into the Software remain the sole property of the Licensor. You agree to immediately notify the Licensor of any actual or suspected infringement and you further agree not to use any of the Licensor's trademarks as any part of the name under which you conduct your business.

10. Severability

10.1 In the event that any of these terms and conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

11. Entire Agreement

11.1 This License Agreement and addendum shall constitute the complete and exclusive agreement between Licensor and Licensee, notwithstanding any other written instrument submitted by you, whether formally rejected by Licensor or not. The terms and conditions contained in this License may not be modified by you except in a writing duly signed by you and an authorized representative of Licensor.

Software License addendum for International orders:

I. Legal differences between country of Licensee and Licensor (U.S.)

In the event that the law of the country in which Licensee resides overrides any of the provisions of the License Agreement, Licensee expressly agrees that so far as Licensee is legally permitted, Licensee will not challenge the License Agreement with respect to such provisions. If Licensee cannot legally accept or abide by the provisions of the License Agreement because of local law, then Licensee must return the software to Licensor and not use it. Reimbursement for returned software is at the discretion of Licensor.

II. Destination Control Statement

This Software has been exported from the United States in accordance with the Export Administration Regulations (under the EAR99 category). Diversion contrary to U.S. law is prohibited. You may not re-export to Afghanistan, Cuba, Iraq, Iran, Libya or Sudan, or any other country currently embargoed by the USA

The software may not be used for or by a person or business involved in nuclear, chemical, biological weapons, and/or missile technology.

Note: The Embargoed Countries List may change from time to time and may differ from the list found in this License Agreement. In essence, the Software may not be re-exported to any currently embargoed country of the U.S.