This is a legal agreement between you, (the end user) and Multiactive EC Technologies, Inc.("Multiactive"). The enclosed Multiactive software programs (the "SOFTWARE") are licensed by Multiactive for use only on the terms set forth herein. Please read this license agreement. If you do not agree to these terms, do not continue with the installation of the software.

By clicking on the "I AGREE" button at the bottom of the window that contains this document, you are indicating that you have read and agree to abide by the terms of this License. If you are not willing to abide by the terms of this License, click on the "I DON'T AGREE" button and you will exit from this application.

GRANT OF LICENSE.

Multiactive grants to you the right to use one copy of the enclosed SOFTWARE on a single computer (i.e., single CPU) or on a single terminal or computer connected to a network server, for the purpose of creating and maintaining one web site for a single person or company. If you intend to create more than one web site for a person or company or intend to create web sites for more than one person or company, you must acquire licenses for each web site you build or maintain. If you install the SOFTWARE on a network server, you must acquire licenses for each computer on the network on which the SOFTWARE will be in "use". The SOFTWARE is in "use" on a computer when it is loaded into the RAM or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. You are responsible for obtaining the appropriate hardware, software and Internet access required to use the SOFTWARE. TITLE AND COPYRIGHT. Title to and all intellectual property rights in the SOFTWARE (with the exception of any Provider branding information) shall be owned by and remain in Multiactive. You agree that you will not, whether during or after the termination of this Agreement, contest or challenge the title to the intellectual property rights in the SOFTWARE or any of them. The SOFTWARE is protected by both United States and Canadian copyright laws and international treaty provisions. Multiactive authorizes you to make one archival copy of the SOFTWARE for the sole purpose of protecting your investment from loss. Otherwise, it is illegal to make copies of the SOFTWARE without the written permission of Multiactive. In particular, it is illegal to give a copy to another person by transferring the SOFTWARE electronically or by any other means.

OTHER RESTRICTIONS.

You may not rent or lease the SOFTWARE. You may not reverse engineer, decompile, disassemble, or create derivative works from the SOFTWARE. You agree to use the SOFTWARE for legal purposes only and in compliance with the terms and conditions of the Internet Service Provider or Web Presence Provider (each of which is referred to as a "Provider") hosting your web site. In the event of a conflict between the terms and conditions of the Provider hosting your web site and this Agreement, the terms of this Agreement shall prevail and shall govern your relationship with Multiactive and your use of the SOFTWARE.

ACCOUNTABILITY AND LIABILITY

You are solely responsible for everything contained in your web page, including, without limitation any advertisements and any other material you or a third party with access to your web page posts to your web page (collectively, "Your Postings"), and all products and/or services offered through your web page. You will be held legally liable for the contents of Your Postings, and may be held legally accountable if Your Postings include, without limitation, messages, data, images or programs that are obscene, pornographic, threatening, abusive, hateful, libelous, defamatory, tortious, deceitful or unlawful, or if Your Postings offer illegal goods and/or services, promote or provide instructional information about illegal activities, promote material or physical harm or injury against any group or individual, or if Your Postings infringe the copyright, trade-marks, trade secrets, patents, other intellectual property rights or any other rights of others.

ORDER/INQUIRY PROCESSING FUNCTION

The SOFTWARE provides a means whereby visitors to your website ("Shoppers") can find and contact you. You acknowledge that orders and inquiries from Shoppers for or about the products or services advertised on your web site will be processed through the facilities of Multiactive EC Services Inc. ("Multiactive EC"). Multiactive EC will accept orders and inquiries from Shoppers, and forward them to you by electronic mail (the "Order Processing Function"). Multiactive EC is not responsible in any way for the fulfilling of Shoppers' orders or responding to Shoppers' inquiries. Multiactive and/or Multiactive EC reserve the right to charge you for the Order Processing Function if the aggregate number of orders and inquiries processed by Multiactive EC relating to your web site exceed 10 per day. Multiactive EC does not guarantee the reliability, accuracy or timeliness of the Order Processing Function, nor the level of security provided by the encryption method used. Multiactive EC may discontinue the Order Processing Function at any time, but before it discontinues the Order Processing Function, it will provide you with 10 days notice and instructions and/or make available a software patch so that you can receive orders and inquiries directly from Shoppers.

Any business relationship or transaction between Shoppers and you are subject to the terms and conditions negotiated between the Shopper and you, and any recourse in respect of any product or service contracted for between Shopper and you shall be solely against you or Shopper as applicable, and not Multiactive or Multiactive EC. Multiactive and Multiactive EC expressly disclaim all liability and responsibility with respect to any business relationship or transaction which may result between you and Shoppers.

INDEMNITY

You agree to indemnify and hold harmless Multiactive, Multiactive EC, their employees, agents, suppliers and contractors from and against any loss, liability, claim, damage and expenses (including attorneys' fees) arising from or in connection with Your Postings and products and/or services, or any use of the SOFTWARE or Order Processing Function made by you, Shoppers or other third parties, whether or not authorized by you.

DISCLAIMERS

Multiactive and Multiactive EC provide software, service and information on an "as is", "as available" basis and do not warrant that they will be uninterrupted, error free or that defects will be found or corrected.

MULTIACTIVE AND MULTIACTIVE EC EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED WITH RESPECT TO THE OPERATION OF THE SOFTWARE AND THE ORDER PROCESSING FUNCTION WHICH ARE NOT CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF QUALITY, PERFORMANCE, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. WITHOUT LIMITATION, MULTIACTIVE AND MULTIACTIVE EC DO NOT REPRESENT OR WARRANT THAT:
(i) THE OPERATION OF THE SOFTWARE OR THE PERFORMANCE OF THE ORDER PROCESSING FUNCTION WILL BE ERROR FREE OR UNINTERRUPTED OR THAT THE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE OR RELIABLE;
OR
(ii) ALL PROGRAMMING ERRORS CAN BE CORRECTED OR FOUND IN ORDER TO BE CORRECTED.

This limited warranty gives you specific legal rights. You may have others, which vary according to local laws (e.g. by state or province).

IN NO EVENT SHALL MULTIACTIVE, MULTIACTIVE EC OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, DEALERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE ORDER PROCESSING FUNCTION, EVEN IF MULTIACTIVE OR MULTIACTIVE EC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states and/or provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION OR DEMAND, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE ANY FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT, OR OF ANY REMEDY CONTAINED IN THIS AGREEMENT. Because some states and/or provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

IF YOU LIVE IN A PROVINCE, STATE OR JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE, MULTIACTIVE'S AND MULTIACTIVE EC'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL MULTIACTIVE'S OR MULTIACTIVE EC'S LIABILITY TO YOU OR ANY OTHER PERSON IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR THE ORDER PROCESSING FUNCTION EXCEED ANY FEES PAID BY YOU TO MULTIACTIVE, MULTIACTIVE EC OR THEIR DEALERS OR SUPPLIERS, REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR ANY OTHER FORM OF CLAIM.

GOVERNING LAW.

The rights and obligation of the parties under this agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods. This License shall be construed, interpreted, and governed by the laws of the Province of British Columbia, Canada, provided that to the extent that the laws of the United States are determined to be applicable then this License shall be construed, interpreted, and governed by the laws of the State of Georgia.

U.S. GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Multiactive EC Technologies, Inc., 1066 West Pender Street, 3rd Floor, Vancouver, B.C. V6E 3X1.

Remember, if you click on "I AGREE" you are acknowledging that you have read, understand and agree to be bound by the terms of this License. If you do not agree with the terms of this License, or are not willing to be bound by them, please click on "I DON'T AGREE" and you will exit from this application.