Delrina (Canada) Corporation Attention: The software program and other materials in this package are provided to you under the terms of the license agreement below and are not sold to you. End User License Agreement FOR SAMPLERS ONLY A. License Delrina (Canada) Corporation and any company controlling it, controlled by it, or with which it is under common control, ("we", "us" or "our"), provides the Licensee ("you" or "your") with a computer program ("the Program") and a license. If you are receiving the Program from an electronic service, we provide you with a file of the computer program, which contains a license (either version being called "the Package") and grants to you a license to use the Package in accordance with the terms of this Agreement. B. Intellectual Property Ownership of the copyright, trademark and all other rights, title and interestin the Package, as well as any copies, modifications or merged portions made of the Program shall at all times remain with us or licensors to us. You must fully reproduce any copyright or other notices marked on any part of the Program on all copies of same. This Package is protected by local and international intellectual property laws, which apply but are not limited to our copyright, trademark and patent rights, and by international treaty provisions. C. User License (I) You may: (1) use the Program on an unlimited number of computers; (2) make additional copies of the Program for distribution, provided that you do not receive any compensation or other economic gain in exchange for such copies. (II) You may not: (1) make copies of, rent or lease, the Program for compensation; (2) translate, reverse engineer, decompile or disassemble the Program; or (3) modify the Program. D. Warranty If you are receiving the Program on a diskette supplied by Delrina, we warrant that the diskette in this Package will be free from defects in materials and workmanship for ninety (90) days from the date of delivery to you. If a defect occurs within that time, return it to us at the address below and we will replace it at no charge. During the warranty period we may refuse to honor any claim if the defect has resulted from accident, abuse or misuse. This remedy is your exclusive remedy for breach of this warranty. E. Limitation of Warranties and Liability EXCEPT FOR THE EXPRESS WARRANTY ABOVE, WE MAKE NO OTHER WARRANTIES WITH RESPECT TO THE PACKAGE, AND IT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PACKAGE IS ASSUMED BY YOU. WE SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY 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, LICENSORS TO US, EMPLOYEES OR REPRESENTATIVES HAVE SUCH LIABILITY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PACKAGE. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. F. Indemnity You expressly save and hold us, our subsidiaries, agents, affiliates and licensors to Delrina harmless from any and all liability of any kind or nature whatsoever to your customers, distributors and third parties which may arise from your acts under this Agreement. G. General (a) THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT WITH RESPECT TO THE PACKAGE 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 SIGNING OFFICERS. NO OTHER PERSON HAS THE AUTHORITY ON OUR BEHALF TO CHANGE OR WAIVE THIS AGREEMENT. (b) 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. (c) 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 severed from this Agreement and the Agreement shall be construed as if such provision was never inserted into it. (d) This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario, excepting its conflict of laws provisions. (e) No action, regardless of form, arising out of this Agreement, may be brought by you more than two years after the facts giving rise to the cause of action have occurred, whether those facts by that time are known to or reasonably ought to have been discovered by you. Should you have any questions about this Agreement, of if you wish to contact us for any reason, please contact in writing at one of the following addresses: Delrina (Canada) Corporation 895 Don Mills Road 500 - 2 Park Centre Toronto, Ontario Canada M3C 1W3 c/o 6830 Via Del Oro Suite 240 San Jose, California U.S.A. 95119 - 1353 c/o Foster House Maxwell Road Borehamwood, Hertfordshire WD6 1JH U.K.