End-User License Agreement

Copyright (c) 1999-2004 Omnivex Corporation.
All Rights Reserved.

IMPORTANT - CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT FOR THE LICENSE OF SOFTWARE BY OMNIVEX CORPORATION. This End-User License Agreement ("EULA") is a legal agreement between you (either as an individual or a single entity) and Omnivex Corporation ("Omnivex") for the software product identified above, which product includes computer software and may include associated media, printed materials, and online or electronic documentation ("Software"). By installing, copying, or otherwise using the Software, you agree to have read, understood and to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the Software; in such event, if applicable, the original purchaser may, however, return it to the place of purchase within thirty days of the date of original purchase for a full refund.

In the event of a conflict between this EULA and the applicable signed Software License Agreement, the terms and conditions of the signed Software License Agreement shall control.

1. Grant of License. Subject to the terms and conditions of this EULA, Omnivex hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software. The Software is licensed as a single product. The issue of this license does not constitute a sale of the software. You may install and use one copy of the Software, or any prior version thereof for the same operating system, on a single computer, workstation, personal digital assistant, or other electronic device for which the Software was designed. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network; however, you must acquire and dedicate a distinct license for each computer using the Software from the storage device. Any given license for the Software may not be shared or used concurrently or otherwise on different computers in a given organization. You agree to indemnify, defend and hold harmless Omnivex against any claims arising out of any allegation that your use of the Software violates any such laws.

2. Term. This Agreement is effective following the date you installed the Software unless and until earlier terminated as set forth in this EULA. Without prejudice to any of Omnivex’s other rights, Omnivex may terminate this EULA if you fail to comply with the terms and conditions of this EULA. Upon termination or expiration of this EULA, you must destroy all copies of the Software. THIS SOFTWARE MAY CONTAIN A FEATURE THAT DISABLES ITS OPERATION AFTER A CERTAIN PERIOD OF TIME.

3. Ownership Rights. This Software is protected by copyright and trademark laws and international treaty provisions. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Omnivex and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this license. You may make one copy of the Software for back-up and archival purposes.

4. Restrictions. You may not rent, lease, loan or resell the Software. You may not transfer any of the rights granted to you under this EULA. You may not reverse engineer, distribute, decipher, decode, decompose, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. This includes all executable, help, installation, and readme files, as well as video and graphic files. You may not copy the Software except as expressly permitted in Section 3 above. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by Omnivex. Omnivex reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this EULA. Display, transmission, use or access of copyrighted, trademarked or other proprietary or intellectual property, including data, of a third party without proper authorization is illegal in most jurisdictions. You must obtain proper authorization before connecting to or transmitting such information. Omnivex does not have any, and assumes no, legal responsibility for the unauthorized display, transmission, use or access of such content. In particular, the information, data, artwork, text, video, audio, or pictures (collectively, "Materials") obtained through, included in, transmitted by or accessed by this computer programme are protected by copyright laws and other intellectual property rights. You may not modify or use the Materials for any other purpose without Omnivex’s express written consent. You may not display, transmit, reproduce, republish, post or distribute any Materials obtained through, included in, transmitted by or accessed by this Software.

5. Warranty Disclaimer. OMNIVEX MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE SOFTWARE OR THE RESULTS TO BE OBTAINED FROM ITS USE. THE SOFTWARE IS PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMNIVEX DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME RESPONSIBILITY FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. OMNIVEX EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY THAT ANY OTHER PRODUCT (INCLUDING WITHOUT LIMITATION ANY COPY OF THE SOFTWARE YOU MAY SUBSEQUENTLY PURCHASE) WILL CONFORM TO THE SOFTWARE PROVIDED TO YOU UNDER THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, OMNIVEX MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE, VIRUS-FREE, OR UNINTERRUPTED OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing shall be enforceable to the maximum extent permitted by applicable law.

6. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL OMNIVEX OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, PROFITS, ANTICIPATED REVENUE, SAVINGS, OTHER ECONOMIC LOSS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL OMNIVEX BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE SOFTWARE, EVEN IF OMNIVEX SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OMNIVEX SHALL HAVE NO LIABILITY OF ANY NATURE IF YOU USE THE SOFTWARE TO DISPLAY, USE OR ACCESS IN ANY WAY COPYRIGHTED, TRADEMARKED OR OTHER PROPRIETARY OR INTELLECTUAL PROPERTY OF A THIRD PARTY WITHOUT PROPER AUTHORIZATION OR MISUSES ANY OF THE SAME. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing shall be enforceable to the maximum extent permitted by applicable law.

7. Miscellaneous. This EULA is governed by the laws of the Province of Ontario. This EULA is the entire agreement between the parties and supersedes any other communications with respect to the Software. This EULA may not be modified except by a written addendum issued by a duly authorized representative of Omnivex. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Omnivex. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect. The parties confirm that it is their wish that this EULA has been written in the English language only.

8. OMNIVEX CONTACT. If have any questions concerning these terms and conditions, or if you would like to contact Omnivex for any other reason, please call (905) 761-6640, fax (905) 761-6340, email info@omnivex.com, or write: Omnivex Corporation, 50A East Caldari Road, Concord, Ontario, L4K 4N8, Canada. HTTP://www.omnivex.com.