Blanket Software License

Software License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING OCTAVIAN MICRO DEVELOPMENT INC. ("OMDI") SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.

1. License. The software accompanying this License is the property of Octavian Micro Development Inc. OMDI retains title to the OMDI software. The OMDI software accompanying this License allows you to evaluate the OMDI software as a "not fully tested" version of the OMDI software. You may not copy, redistribute it, incorporate it into your products for sale, or resell it in any way.

2. Disclaimer Of Warranty. Some of the OMDI software may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions of the OMDI software. Such OMDI software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. Versions of the OMDI software included with this License are designated as "not fully tested" software. You expressly acknowledge and agree that use of the OMDI software is at your sole risk. The OMDI software is provided "AS IS" and without warranty of any kind and OMDI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OMDI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE OMDI SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE OMDI SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE OMDI SOFTWARE WILL BE CORRECTED. FURTHERMORE, OMDI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE OMDI SOFTWARE OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OMDI OR AN OMDI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE OMDI SOFTWARE PROVE DEFECTIVE, YOU (AND NOT OMDI OR AN OMDI AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN EVALUATING THIS SOFTWARE YOU ACCEPT THE SOLE ALLOCATION OF RISK.

3. Limitation Of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL OMDI BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE OMDI SOFTWARE, EVEN IF OMDI OR AN OMDI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall OMDI have any liability to you for damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) due to the nature of software that may be designated as alpha, beta, development, pre-release, untested, or not fully tested (mentioned in section 2.) Versions of the OMDI software included with this License are designated as "not fully tested" software.

4. Controlling Law and Severability. This License shall be governed by the laws of Canada and the Province of Alberta. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. Actions are to be taken by Canadian citizens in the Court of Queen's Bench, Calgary.

5. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the OMDI software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by OMDI.

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