| 1. Rights of the User |
| 1.1 Number of Computers |
| (1)The User is permitted to use the Program in ONE computer. |
| (2)The User may reinstall the Program onto another computer. In this case, the User is responsible for deleting the former installation. |
| 1.2 Number of Accounts |
| (1)The User is permitted to open the accounts of any number of companies. |
| 1.3 Entitlement to services |
| (1)Each User will be entitled to services pertaining to one set of accounting data for a period of one year (according to the Date of Sales invoice). |
| (2)One year telephone consultation |
| (3)After registration, coupons for training course on Dynamic Accounting System will be given. The Dynamic will conduct regular classes on the Program. The User may enroll by presenting coupons or by paying fees. Such classes will be held at the Dynamic. The medium of instruction is Cantonese. |
| (4)The User is required to complete and return the Data Maintenance Registration Form to Dynamic within two months from the date of purchase. |
| (5)Services other than those stated in the Terms and Conditions for Services and services pertaining to accounting data that has not been registered in accordance with Sub-Clause 1.34 above will only be provided on a paid basis. |
| 2. Functionality of the Program |
| 2.1 Specifications |
| (1)Dynamic will be responsible for the provision of a program which possesses features that are specified in the Brochure distributed by Dynamic or as demonstrated by the Demo version of the Program distributed by Dynamic. |
| 2.2 Tests on Functionality of the program |
| (1)In the event of Program irregularities (such as PC hangs or network read/write errors) and disputes have arisen on whether the Program is functioning properly or the computer facilities with which the Program operates are not functioning properly, the final arbitration will be based on tests with industry standard computer facilities of similar settings in Dynamic using the same data used in the premises of the User. |
| 2.3 Program Upgrades |
| (1)It is at the sole discretion of Dynamic whether or not to add features to the program, and whether or not to charge the User for such additional features. |
| (2)The User has the right not to upgrade to new versions. |
| 3. Limits of Responsibility of Dynamic |
| 3.1 Refund |
| (1)Refund will not be entertained under any circumstances except in the case where the Program is proved not to perform in the way as described in Sub-section 2.1 above and the problems that arise are so substantial as to affect the accuracy of the data and Dynamic fails to correct such problems and fails to send an upgrade Program to the User within two weeks from the date of report. |
| (2)In the event of a successful claim of refund, the User ceases to have any rights to use the Program and shall forthwith return to Dynamic the Program diskettes and manuals. The amount of refund will be the same value as the invoiced and received amount on the Program |
| (3)No request for refund will be entertained after one year from the date of purchase. |
| 3.2 Limit of Liability |
| (1)The User agrees not to claim Dynamic for losses and/or expenses other than for a refund pursuant to Sub-Clause 3.11 above. |
| (2)Under any circumstances the liability of Dynamic whether for breach of contract, negligence or otherwise shall not exceed the purchase price of the Program paid by the User, and Dynamic shall be under no liability for any direct or indirect loss (including loss of profit) and/or expenses suffered by the User or liability to third parties incurred by the User. |
| 3.3 Exclusion of Liability |
| (1)The User agrees not to claim the Dynamic for any loss arising from the faults of negligence of the staff or agent of the Dynamic in the course of providing services to the User. The Dynamic shall be under no liability whatsoever for any direct or indirect loss (2)including loss of profit) and/or expenses suffered by the User of liability to third parties incurred by the User. |
| 4. Responsibilities of the User |
| (1)The User is responsible for the proper maintenance of the hardware and other computer facilities with which the Program operates. |