End-User License Agreement ("EULA")

Scope and Definitions This End-User License Agreement is a legally binding agreement between you (either an individual or a single entity) (thereafter called Licensee) and AdvantageSense Technologies inc., Canada (thereafter called AST-BSS) regarding the download, the installation and the use of software provided by AST-BSS.

The term Software refers to all applications or computer programs in binary or in source-code form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by AST-BSS, and any user manuals, programming guides and other documentation provided to the Licensee by AST-BSS under this agreement. The term Site is defined as one legal unit of the Licensee's business at one postal address. AST-BSS exclusively manufactured the Software. Any rights to the Software other than the license conditions stated herein remain undiminished for AST-BSS; the Licensee acquires no rights of any kind to the Software. By downloading, installing or using the Software or parts of the Software, the Licensee accepts the terms of this agreement.

Trial License By obtaining (e.g. by downloading) AST-BSS Software the Licensee is granted a non-exclusive, non-transferable right to use the Software for evaluation purposes free of charge, which expires automatically after 30 days. This free 30 days trial period is called Trial License. Each owner of a Trial License is obligated either to purchase one of the Commercial Licenses below within this 30 day period or to discontinue using the Software. Commercial or production use of a Trial License is strictly forbidden.

Commercial License On request AST-BSS grants one of the Commercial Licenses listed below by assigning a license key or by written confirmation (e.g. a license agreement or an invoice) to the Licensee. Thereby the Licensee acquires a non-exclusive, non-transferable and timely unlimited right to use the Software according to the purchased license.

Depending on the Software the following licenses are available:

Single License - for the use of the Software on exactly one computer, limited to one concurrent user. The usage over a network (LAN/WAN) for several users including http-based applications is explicitly excluded. For this type of licenses the so-called System-ID is required to compute the license key. If the System-ID changes (e.g. due to machine replacement) AST-BSS will submit a new license key free of charge.

Site License - for the use of the Software on several computers within one Site, however limited to a maximum of 10 concurrent installations or 10 concurrent users.

Developer License - for the redistribution of the Software as part of the Licensee`s software application(s) or hardware products. The number of redistributions per Developer License is limited to five-thousand (5,000) installations or to five-thousand (5,000) users. Three seats/copes of Software for the development purposes are included into a Developer License. In case Licensee needs in additional copes/seats for development purposes then Licensee should purchase respective number of Single Licenses.

Distribution The license key will be individually assigned and transferred to the Licensee and is to be treated confidentially. Passing the license key on to third party is strictly forbidden except for automatic licensing purposes as part of the Licensee`s application according to the terms of the license. In each case the Licensee agrees to maintain maximum confidentiality for the license key (e.g. by protecting the embedding source code in a suitable way). Any use of a license key that was not directly issued by AST-BSS or one of their authorized resellers in connection with the Software is strictly forbidden. The Licensee is not permitted in any way to make the Software or parts of the Software accessible to third party, to allow the use of the Software or parts of it, or to pass it on to third party under any title beyond the terms stated in this agreement. This includes, in addition to all parts of the Software, any supplements or improvements as well as additions of any kind that the Licensee receives from AST-BSS now or in the future. Any supplements or improvements made to the Software by the Licensee are to be made available to AST-BSS for unlimited use and free of charge.

Restrictions The Licensee is permitted to use the Software only for legal purposes and according to the valid national or international regulations. The Licensee is not allowed to use the Software to build or redistribute other software components or applications of any kind (for example DLL's, OCX, VBX, .NET Classes, Libraries, Beans, EXE's...) if their main purpose is comparable or similar to the main purpose of the Software itself (so called wrapping or re-wrapping). When using the Software as part of an application the functionality of the API (Application Programming Interface) must not be accessible from outside of this application and the Software must not be useable apart from this application. In each case it is forbidden to modify, to change or to patch the Software. It is not allowed to reverse-engineer, to disassemble or to decompile the Software.

Indemnification AST-BSS shall indemnify, defend and hold harmless the Licensee with respect to any action brought against the Licensee to the extent that it is based on a claim that the Software infringes a copyright of a third party. However, the Licensee is obligated to notify AST-BSS promptly in writing and to include all useful information of any notice of such claim. AST-BSS shall have sole control of the defense of any action of such claim and all negotiations for its settlement.

Limited Warranty AST-BSS warrants to the Licensee that for a period of a hundred eighty (180) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, the Software is provided "AS IS". The Licensee`s exclusive remedy and AST-BSS`s entire liability under this limited warranty will be at AST-BSS's option to replace the Software media or refund the fee paid for the Software. Any implied warranties on the Software are limited to 60 days. Some countries or states do not allow limitations on duration of an implied warranty, so the above may not apply to the Licensee. This limited warranty gives the Licensee specific legal rights. The Licensee may have others, which vary from state to state or from country to country. AST-BSS reserves the right to replace any existing versions of the Software, to offer new Software or to discontinue existing Software at any time and without notice. AST-BSS will ensure the compatibility with subsequent Software versions and the validity of existing license keys beyond Software version boundaries when possible, however no claims can be made against AST-BSS in the event that the Software or the license key is not, no longer or not completely compatible with a prior version.

Disclaimer of Warranty Unless specified in this agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid.

Limitation of Liability To the extent not prohibited by law, in no event will AST-BSS or its contractual partners be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use the Software, even if AST-BSS has been advised of or AST-BSS has pointed out the possibility of such damages. In no event will AST-BSS's liability to the Licensee, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by the Licensee for the Software or for the license keys under this agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.

Governing Law This agreement shall be construed and governed with the Laws of Canada. No choice of law rules of any jurisdiction will apply and any claims being founded on laws of other states or countries are excluded.

Termination Without prejudice to any other rights, AST-BSS may terminate the license agreement if you fail to comply with its terms and conditions. In such event you must destroy all copies of the Software.