Software License (webHancer)

Terms and Conditions of Installing the 
webHancer Customer Companion (the "Software").

IMPORTANT NOTICE: 

THIS SOFTWARE CONFIDENTIALLY RELAYS YOUR WEB SURFING 
PERFORMANCE METRICS TO WEBHANCER CORP. TO GENERATE 
PERFORMANCE REPORTS FOR THIRD PARTIES. AS SUCH, YOUR 
INTERNET CONNECTION WILL BE USED PERIODICALLY TO SEND AND 
RECEIVE DATA. YOU REMAIN ANONYMOUS - NO PERSONAL OR 
IDENTIFIABLE INFORMATION IS COLLECTED - ONLY QUANTITATIVE 
PERFORMANCE DATA. 

WE RESPECT OUR CUSTOMERS PRIVACY. 
TO VIEW WEBHANCER'S PRIVACY POLICY, 
GO TO: http://www.webhancer.com/products/privacy .

THIS SOFTWARE SUPPORTS WINDOWS 98/2000 and WINDOWS NT 4.0 
Service Pack 4 and higher. INSTALLATION ON OTHER SYSTEMS 
MAY LEAD TO SYSTEM FAILURE. 

THIS IS A LICENSE, NOT A SALE. THIS END USER LICENSE 
AGREEMENT ("AGREEMENT") IS A LEGAL CONTRACT BETWEEN YOU AND 
WEBHANCER CORP. ("WEBHANCER") FOR THE CUSTOMER COMPANION 
SOFTWARE (THE 'SOFTWARE'). THIS SOFTWARE WILL MAKE USE OF 
YOUR INTERNET CONNECTION. YOU ARE SOLELY RESPONSIBLE FOR 
ANY AND ALL NETWORK USAGE COSTS OR ANY OTHER COSTS 
ASSOCIATED WITH YOUR USE OF THE SOFTWARE. BY DOWNLOADING, 
INSTALLING OR USING THE SOFTWARE YOU AGREE TO BE BOUND BY 
THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT 
AGREE WITH THESE TERMS AND CONDITIONS, UNINSTALL, AND DO 
NOT USE THE SOFTWARE. 

WEBHANCER grants to you a non-exclusive, non-transferable and restricted 
license to use the Software on a single computer for your internal use, subject 
to the terms and conditions of this Agreement. You may make and distribute 
unlimited copies of the Software, excluding copies for commercial distribution, 
as long as each copy that you distribute is distributed subject to this 
Agreement, and you reproduce in full all copyright and other proprietary 
notices pertaining to the Software that appear in the Software.

This Agreement shall remain in effect for as long as you are in compliance with 
its terms and conditions. This Agreement shall immediately terminate if you fail 
to comply with any of its provisions. The limitations of liabilities and 
warranties will survive any termination of this Agreement and will remain in 
full force and effect even after termination. Should WEBHANCER release any 
updates, upgrades or new versions of the Software or supplemental code or 
supporting materials for the Software ("Additional Software Releases"), all such 
Additional Software Releases shall be considered part of the Software and 
subject to the terms and conditions of this Agreement and any additional terms 
and conditions that accompany the Additional Software Releases. In 
consideration of the foregoing license from WEBHANCER to you, you grant to 
WEBHANCER the perpetual, unrestricted right to record and use your web surfing 
performance metrics, in whole or in part, in any form or format.

THE SOFTWARE IS PROVIDED TO YOU "AS IS". YOU ARE SOLELY 
RESPONSIBLE FOR THE ADEQUATE PROTECTION AND BACKUP OF THE 
DATA AND EQUIPMENT USED IN CONNECTION WITH THE SOFTWARE. 
WEBHANCER MAKES NO REPRESENTATIONS, WARRANTIES OR 
CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, 
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, 
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A 
PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THOSE ARISING 
BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR 
OTHERWISE. WEBHANCER DOES NOT WARRANT THAT THE OPERATION 
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 
YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND 
PERFORMANCE OF THE SOFTWARE. 

NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY 
LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY 
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES 
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE 
OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR 
ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. 
WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. 
OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR 
DEALERS AND SUPPLIERS SHALL NOT EXCEED FORTY DOLLARS 
CANADIAN ($40.00 CDN). THE LIMITATIONS IN THIS SECTION 
SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT 
IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A 
FUNDAMENTAL BREACH.

The limited warranty, exclusive remedies and limited liability set out herein 
are fundamental elements of the basis of the bargain between you and WEBHANCER. 
You acknowledge and agree that WEBHANCER would not be able to provide the 
Software free of charge without such limitations. In jurisdictions which do 
not allow the exclusion or limitation of consequential, incidental or special 
damages, WEBHANCER's liability for such damages shall be limited to the maximum 
extent permitted by applicable law.

The Software, including all copies, and all copyrights and all other rights, 
title and interest subsisting in or related to the Software, and all data 
collected there from, shall at all times remain the property of WEBHANCER or 
its licensors. You must reproduce any copyright or other proprietary notices 
on the Software in their entirety in all copies of the Software. WEBHANCER and 
its licensors reserve all rights not expressly granted to you. You shall not 
translate, reverse engineer, decompile or disassemble the Software or any part 
of the Software, except to the extent this restriction is not permitted by the 
laws of your jurisdiction; or modify or adapt or create derivative works based 
on the Software or any part of the Software or merge the Software or any part 
of the Software with any other software program.

Notice to U.S. Government end users. If this product is acquired under the 
terms of a: GSA contract-Use, reproduction or disclosure is subject to the 
restrictions set forth in the applicable ADP Schedule contract; U.S. DoD 
contract- Use, duplication or disclosure by the Government is subject to 
restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013; 
Civilian agency contract- Use, reproduction, or disclosure is subject to 
52.227-19 (a) through (d) and restrictions set forth in the accompanying end 
user agreement. Unpublished-rights reserved under the copyright laws of the 
United States. WebHancer Corp. 2255 Carling Avenue, 3rd Floor Ottawa, 
Ontario Canada K2B 7E9.

This Agreement is the entire agreement between WEBHANCER and you and supercedes 
all other agreements, discussions and negotiations, whether oral or written. 
This Agreement cannot be modified or amended except by a written agreement 
signed by an authorized officer of WEBHANCER. This shall be governed by the 
laws of the Province of Ontario, Canada, excluding conflicts of law and choice 
of law principles and the United Nations Convention on Contracts for the 
International Sale of Goods, and any legislation implementing such Convention. 
You consent and attorn to the exclusive jurisdiction of Ontario courts and 
waive trial by jury, except to the extent a waiver of a jury trial is not 
permitted by applicable law. If any provision of this Agreement is found to 
be illegal, invalid or unenforceable, such provision shall be deemed severed 
and the remainder of the Agreement shall continue in full force and effect. 
You agree to comply with all applicable laws including export restrictions as 
they relate to this Agreement and your use of the Software. The parties have 
requested that this Agreement and all documents contemplated hereby be drawn 
up in English. Les parties aux présentes ont exigé que cette entente et tous 
autres documents envisagés par les présentes soient rédigés en anglais.



BeFaster License Agreement