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SAY THE TIME 5.

END-USER LICENSE AGREEMENT FOR IMPAQUE TECHNOLOGIES SOFTWARE


IMPORTANT-READ CAREFULLY: This Impaque Technologies End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Impaque Technologies for the Impaque Technologies software product(s) accompanying this EULA, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT or any UPDATES (as defined below), you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or otherwise use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund. In addition, by installing, copying, or otherwise using any updates or other components of the SOFTWARE PRODUCT that you receive separately as part of the SOFTWARE PRODUCT ("UPDATES"), you agree to be bound by any additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or otherwise use such UPDATES.

SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

STANDARD LICENSE SINGLE COMPUTER USE. For every valid license you have acquired for the SOFTWARE PRODUCT, you may install a single copy of the SOFTWARE PRODUCT on a single computer. COMPUTER NETWORK USE. If, rather than use on a single computer, you wish to use the SOFTWARE PRODUCT over a computer network, you may do so as follows: (i) you may install the setup/install program on any or all computers on your network, and (ii) you may make the SOFTWARE PRODUCT available over your network by installing the entire SOFTWARE PRODUCT on the hard disk of your network server, provided that (iii) you have a reasonable mechanism or process in place to restrict the number of concurrent users of the SOFTWARE PRODUCT (i.e., the total number of users accessing the SOFTWARE PRODUCT over the network at any one time) to the number of licenses you have purchased for the SOFTWARE PRODUCT. EVALUATION LICENSE The SOFTWARE PRODUCT is not free. Subject to the terms of this EULA, you are licensed to use the SOFTWARE PRODUCT for evaluation purposes without charge for a period of 30 days. If you use the SOFTWARE PRODUCT after the 30 day evaluation period a registration fee is required. See the Impaque Technologies web site at www.impaque.com for information about online ordering. Unregistered use of the SOFTWARE PRODUCT after the 30-day evaluation period is in violation of Canadian and international copyright laws. COPYRIGHT The SOFTWARE PRODUCT is owned by Impaque Technologies and is protected by Canadian copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE PRODUCT. OTHER RESTRICTIONS You may not rent or lease the SOFTWARE PRODUCT, but you may transfer the SOFTWARE PRODUCT and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT. If the software is an update or has been updated, any transfer must include the most recent update

and all prior versions. LIMITED WARRANTY LIMITED WARRANTY. Impaque Technologies warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying printed materials for a period of thirty (30) days from the days of receipt, and (b) any Support Services provided by Impaque Technologies shall be substantially as described in applicable written materials provided to you by Impaque Technologies, and Impaque Technologies support engineers will make commercially reasonable efforts to solve any problem issues. Some provinces and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed under applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to thirty (30) days. CUSTOMER REMEDIES. Impaque Technologies entire liability and your exclusive remedy shall be, at Impaque Technologies option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Impaque Technologies Limited Warranty and that is returned to Impaque Technologies with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Impaque Technologies disclaims all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the software, and the provision of or failure to provide support services. This limited warranty gives you specific legal rights. You may have others, which vary from jurisdiction to jurisdiction. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event Impaque Technologies 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 other pecuniary loss) arising out of the use or inability to use the SOFTWARE PRODUCT, even if Impaque Technologies has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. MISCELLANEOUS This agreement is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Province of Ontario.

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