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 only for the purpose of creating a "branded" version of the Multiactive ecBuilder Pro software ("ecBUILDER PRO") which can contain your corporate or brand information, for distribution to your customers or clients, subject to the terms and conditions of the Distribution Agreement you have entered into with Multiactive (the "Distribution Agreement"). 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 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.

1. You are expressly prohibited from distributing ecBUILDER PRO without an executed written Distribution Agreement.
2. You are expressly prohibited from distributing ecBUILDER PRO without including in the SOFTWARE your customer identification number assigned to you through the Distribution Agreement.
3. You are expressly prohibited from removing or altering any of Multiactive's branding, reference, logo, or the ecBUILDER PRO license agreement from ecBUILDER PRO.
4. You may create as many versions of ecBUILDER PRO as you like and distribute the number of copies that have been agreed upon in the Distribution Agreement.
5. You may not reverse engineer, decompile, disassemble, or create derivative works from the SOFTWARE.
6. You may not rent or lease the SOFTWARE.

LIMITED WARRANTY.

Multiactive warrants the physical CD-ROM and the physical documentation enclosed to be free from defects in materials and workmanship for a period of 90 days from the date of purchase. When notified within the warranty period of defects in materials and workmanship, Multiactive will replace the defective CD-ROM or documentation. If you need to return a defective product, call ecBuilder Pro Technical Support to obtain a return authorization number. The remedy for breach of this warranty shall be limited to replacement and shall not encompass any other damages, including but not limited to loss of product, and special incidental, consequential damages, or similar claims.

MULTIACTIVE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED WITH RESPECT TO THE OPERATION OF THE SOFTWARE 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 DOES NOT REPRESENT OR WARRANT THAT: (i) THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT THE RESULTS OBTAINED FROM ITS 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 OR ITS DIRECTORS, OFFICERS OR EMPLOYEES 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, EVEN IF MULTIACTIVE HAS 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 LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL MULTIACTIVE'S LIABILITY TO YOU OR ANY OTHER PERSON IN CONNECTION WITH YOUR USE OF THE SOFTWARE EXCEED ANY FEES PAID BY YOU TO MULTIACTIVE 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 are 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.