Delrina (Delaware) Corporation ATTENTION: THE SOFTWARE PROGRAMS AND RELATED FILES (THE "PROGRAM") ARE PROVIDED TO YOU ONLY UNDER THE TERMS OF THE LICENSE AGREEMENT BELOW AND ARE NOT SOLD TO YOU. End-User License Agreement -------------------------- IMPORTANT: CAREFULLY READ THIS AGREEMENT BEFORE PRESSING ENTER ON YOUR COMPUTER TO LOAD THE PROGRAM. LOADING INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS AGREEMENT AND ACCEPT ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, PRESS ESCAPE. ONCE YOU PRESS ENTER YOU MUST REGISTER BUT THERE IS NO CHARGE FOR THE PROGRAM. USE OF THIS PROGRAM IS GOVERNED BY THE FOLLOWING TERMS: A. LICENSE: Delrina (Delaware) Corporation ("we", "us" or "our"), provides the Licensee ("you" or "your") with the Program and grants to you a license to use the Program in accordance with the terms of this Agreement. B. INTELLECTUAL PROPERTY: (a) Ownership of the intellectual property, copyright, trade-mark and all other rights, title and interest in the Program, as well as any copies, modifications or merged portions made of the Program shall at all times remain with us. The Program is protected by local and international intellectual property laws, which apply but are not limited to our copyright, trade secret, trade-mark and patent rights, and by international treaty provisions. (b) You acknowledge that the Program is proprietary to us, and contains our trade secrets. C. RULES GOVERNING LICENSE USAGE (i) YOU MAY: 1. Make as many copies of the original version of Program as you wish; 2. Distribute the Program by any means possible, including through a bulletin board, provided that you distribute exact and complete copies of the ORIGINAL version of the Program and NOT copies of the Program. (ii) YOU MAY NOT: 1. Charge or request donations for any copies, however made. If, however, you distribute the Program by disk or other media that involves an expenditure on your behalf, you are permitted to charge to recover the cost of the media used to distribute the Program, but there must be no charge for the Program itself; 2. Translate, reverse engineer, decompile or disassemble the Program, except as specifically permitted by law; 3. Rent or lease the Program; 4. Modify the Program. D. TERM: This License will continue for as long as you use the Program. E. WARRANTY: WE MAKE NO WARRANTIES WITH RESPECT TO THE PROGRAM, AND IT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF USAGE OF TRADE, OR COURSE OF DEALING. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY YOU. YOU ACKNOWLEDGE EXAMINING THE PROGRAM AND ACCEPTING IT AS IS, WHERE IS, COMPLETELY AT YOUR RISK, AND PROMISE NOT TO MAKE ANY CLAIMS AGAINST US BASED UPON ALLEGED EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR COLLATERAL AGREEMENTS AS TO THE MERCHANTABILITY OF THE GOODS, THEIR FITNESS FOR ANY PARTICULAR PURPOSE, OR THEIR SAFE USE. WE SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITIY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR FOR CLAIMS BY A THIRD PARTY, NOR SHALL OUR DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES HAVE SUCH LIABILITY. F. GENERAL: (a) Please follow the registration instructions contained in the Program. We may use it to provide you with information about other Delrina products. If you do not wish us to provide registration particulars to third parties, we will restrict such distribution upon receipt of written notice from you. (b) THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT WITH RESPECT TO THE PROGRAM AND SUPERSEDES ANY OTHER AGREEMENT OR DISCUSSIONS, ORAL OR WRITTEN. THIS AGREEMENT MAY NOT BE CHANGED OR WAIVED EXCEPT BY A WRITTEN AMENDMENT SIGNED BY YOU AND ONE OF OUR CORPORATE OFFICERS. (c) A waiver by either party of any term or condition of this Agreement will not be deemed a waiver of the term for the future, or of any subsequent breach of it. (d) The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. Such invalid or unenforceable provision shall be deemed to be amended to the extent necessary to be enforceable and the Agreement shall be so construed. (e) This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario, excluding its choice of laws provisions, and both parties agree to irrevocably submit to the jurisdiction of the Courts of the Province of Ontario. Should you have any questions about this Agreement, or if you wish to contact us for any reason, please contact in writing at any of the following addresses: 895 Don Mills Road 6320 San Ignacio Ave. c/o 6 Elstree Gate 500-2 Park Centre San Jose, California Elstree Way Toronto, Ontario U.S.A. 95119-1209 Borehamwood, Hertfordshire Canada M3C 1W3 England WD6 1JD