EULA

End-User License Agreement for Intekron’s Software

IMPORTANT: READ CAREFULLY: This Intekron End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Intekron Ltd. (Intekron) for the Intekron Software Product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“Software Product”). The Software Product also includes any updates and supplements to the original Software Product provided to you by Intekron. Any software provided along with the Software Product that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the Software Product, 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 or use the Software Product.

A. SOFTWARE PRODUCT LICENSE.

The Software Product provided under this Agreement is commercial computer software developed exclusively at private expense, and in all respects is proprietary solely to Intekron. The Software Product is licensed, not sold.

B. GRANT OF LICENSE.

This EULA grants you the following rights.

You may install and use one copy of the Software Product on a single computer, including a standalone computer, networked workstation or server (“COMPUTER”). Notwithstanding the foregoing, any number of users may access or otherwise utilize the services of the Software Product.

C. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Not For Resale Software. You may not resell, rent, lease, lend, or otherwise transfer for value, the Software Product.

Separation of Components. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one computer.

Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Intekron.

Support Services. Intekron may provide you with support services related to the Software Product (“Support Services”). Use of Support Services is governed by the Intekron polices and programs described in the user manual, in “on line” documentation and/or other Intekron-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA. With respect to technical information you provide to Intekron as part of the Support Services, Intekron may use such information for its business purposes, including for product support and development. Intekron will not utilize such technical information in a form that personally identifies you.

Termination. Without prejudice to any other rights, Intekron may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product and all of its component parts.

D. UPGRADES.

If the Software Product is labeled as an upgrade, you must be properly licensed to use a product identified by Intekron as being eligible for the upgrade in order to use the Software Product. A Software Product labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of software programs that you licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

E. COPYRIGHT.

All title and intellectual property rights in and to the Software Product, the accompanying printed materials, and any copies of the Software Product are owned by Intekron. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Intekron.

F. DUAL-MEDIA SOFTWARE.

You may receive the Software Product in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the Software Product.

G. BACKUP COPY.

After installation of one copy of the Software Product pursuant to this EULA, you may keep the original media on which the Software Product was provided by Intekron solely for backup or archival purposes. If the original media is required to use the Software Product on the COMPUTER, you may make one copy of the Software Product solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product.

H. EXPORT RESTRICTIONS.

You agree that you do not intend to nor will, directly or indirectly, export or transmit the Software Product or related documentation and technical data, or process, or service that is the direct product of the Software Product to any country to which such export or transmission is restricted by any applicable Canadian regulation or statute, without the prior written consent, as required.

I. MISCELLANEOUS.

If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada, without regard to the conflicts of law principles thereof, as applied to agreements made, entered into and performed entirely in the Province of Ontario by Province of Ontario residents. You agree that any dispute regarding this License will be heard in the municipal, provincial or federal courts having jurisdiction in Peel Region, Province of Ontario, and you agree that you shall be subject to the personal jurisdiction of such courts.

You are responsible for paying all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Software Product, other than taxes based on Intekron’s net income.

J. LIMITED WARRANY/LIMITATIONS ON LIABILITY

LIMITED WARRANTY. THE SOFTWARE IS PROVIDED “AS-IS”; INTEKRON MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE, AND INTEKRON HEREBY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES. INTEKRON MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SOFTWARE OR ABOUT THE ACCURACY OF ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE.

LIMITATIONS ON LIABILITY. INTEKRON AND ITS SUPPLIERS SHALL NOT BE LIABLE, UNDER ANY THEORY OF LIABILITY, INCLUDING TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) CONTRACT, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF YOUR USE OF THE SOFTWARE, OR THE USE OF THE SOFTWARE BY ANY END USER OR USER, OR IN ANY OTHER WAY ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR COST OF COVER. SOFTWARE CHANGES

K. CONTACTING INTEKRON

Should you have any questions concerning this EULA, or if you desire to contact Intekron for any reason, please contact Intekron, or write:

Intekron
6887 Yarrow Ave.
Mississauga, Ontario, Canada, L5N 7A1