END USER LICENSE AGREEMENT

IMPORTANT - PLEASE READ CAREFULLY BEFORE USING THE COURSE MODULES: BY CLICKING ON THE "I AGREE" BUTTON OR BY USING THE COURSE MODULES, (1) YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THIS END USER LICENSE AGREEMENT (“EULA”), AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT CLICK ON THE "CANCEL" BUTTON AND DO NOT USE THE COURSE MODULES.

This Agreement is a legal agreement between you, the end user ("End User" or "you") and CriticalPoint, LLC, located at 12154 Darnestown Road, #360, Gaithersburg, MD 20878 ("CriticalPoint", "us" or "we"), for your Use (as defined below) of the Course Modules (as defined below).

1. Definitions:

1.1 “Course Modules” means the web-based educational tools modules and related documentation developed and owned by CriticalPoint, designed to assist pharmacists and technicians to meet the “responsibilities of compounding personnel” as defined in usp chapter 797 and state board of pharmacy requirements for aseptic compounding pharmacy operations.

1.2 “Use” means (a) reading the lessons, (b) taking the related examinations, and (c) printing a certificate of completion.

2. Grant of License. Subject to the terms of this EULA, CriticalPoint grants you, and you accept a non-exclusive, non-sublicensable, non-transferable license to Use the Course Modules.

2.1 You may not (i) copy, download, modify, alter, disclose, distribute, share, transfer, resell, rent, lease, sublicense or loan the Course Modules to any other party; (ii) disassemble, reverse engineer or decompile the Course Modules; (iii) you shall not access the Course Modules in order to build a similar or competitive product; (iii) make the Course Modules available to third parties in a service bureau arrangement or for any similar commercial time-sharing or third-party training use, or otherwise allow direct or indirect use (including over the Internet) for outsourcing or any other purpose by any third party.

2.2 You agree not to use or attempt to use the Course Modules for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, customers, or to any person. Improper uses include, but are not limited to: (a) violating any applicable law or regulation; (b) interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" through the Course Modules, overloading, "flooding," "spamming," "crashing," or "mailbombing"; or (b) impersonating or misrepresenting your affiliation with any person or entity. If we suspect violations of any of the above, we may: (a) institute legal action, (b) immediately, without prior notice to you terminate this EULA, and (c) cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations.

2.3 All rights not expressly granted to you in this EULA are reserved by CriticalPoint No rights are granted by implication or otherwise.

3. Termination. This EULA and the license granted hereunder is effective on the date you accept the terms this EULA or use the Course Modules. This EULA and your Use of the Course Modules may be terminated by CriticalPoint without further action upon the breach of any of your obligations or the license rights granted to you under this EULA. Upon termination, all use of the Course Modules by you must cease and all rights granted to you under this EULA are terminated.

4. Proprietary Rights. The Course Modules are licensed, not sold. You acknowledge and agree that all rights, title, and proprietary rights in and to the Course Modules (including, but not limited to, any patents, trade secrets, trademarks, copyrights, images, photographs, animations, video, audio, music, text, software code and “applets” incorporated into the Course Modules) are owned by CriticalPoint. The Course Modules are protected by copyright laws, international treaty provisions, and other laws. An act in violation of this EULA may also be a crime punishable by fine or imprisonment under applicable law.

5. Compliance with Laws. In the performance of the obligations under this Agreement, you shall at all times comply with the laws, regulations, and orders in effect and applicable to their performance hereunder.

6. Disclaimer of Implied Warranties & Duties.

6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CriticalPoint PROVIDES THE COURSE MODULES WITHOUT ANY EXPRESS WARRANTY OR INDEMNITY, AND THE COURSE MODULES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. CriticalPoint HEREBY DISCLAIMS ALL IMPLIED INDEMNITIES AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR THAT THE OPERATION OF THE COURSE MODULES WILL BE ACCURATE, OR WILL CORRESPOND TO ANY DOCUMENTATION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BETWEEN JURISDICTIONS.

6.2 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CriticalPoint, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES CREATES A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

7. Exclusion of Incidental, Consequential and Certain Other Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CriticalPoint OR DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, OR LOSS OF PRIVACY), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE COURSE MODULES OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR UNDER ANY OTHER LEGAL THEORY, AND EVEN IF CRITICALPOINT OR ANY DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability and Remedies. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE COURSE MODULES IS TO CEASE USE OF SUCH COURSE MODULES. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if such remedy fails its essential purpose.

9. Entire Agreement. This EULA contains the entire agreement between the parties with respect to its subject matter, and supersedes all prior or contemporaneous agreements or understandings (oral or written).

10. Modifications. We reserve the right to change the terms and conditions of this EULA at any time and such changes will be effective upon notice to you. Your continued use of the Course Modules after any such changes shall constitute your consent to such changes.

10. Miscellaneous. Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment or transfer shall be void and without effect. This EULA is governed by and shall be interpreted in accordance with the laws of the State of New York, without giving effect to any applicable choice of law principles. In the event that any provision of this EULA is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. Any notice to you may be provided by e-mail.