Mindful(TM), Software License Agreement ------------------------------------------------------------------------- Copyright (C) 2004 - 2005, Felitec Inc. All rights reserved. This Agreement governs your use of the current Felitec Inc. software product along with the documentation, manuals, disks and/or any other material associated with it (the "Software"). BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. TRADEMARKS ------------------------------------------------------------------------- "Mindful" and "Mindful SE" are trademarks of Felitec Inc. All other trademarks are the property of their respective company. GRANT OF LICENSE ------------------------------------------------------------------------- Subject to the provisions contained herein, Felitec Inc. (herein "Felitec") hereby grants you a non-exclusive license to use its accompanying proprietary software (herein "Software"), described as "Mindful", free of charge. Permission is granted to anyone to use this software for any purpose. If you use this software in a product, an acknowledgment in the product documentation would be deeply appreciated but is not required. Felitec may have patents or pending patent applications, trademarks, copyrights, or other intellectual property rights covering the Software. You are not granted any license to these patents, trademarks, copyrights, or other intellectual property rights except as expressly provided herein. Felitec reserves all rights not expressly granted. COPYRIGHT AND RESTRICTIONS ------------------------------------------------------------------------- The Software is owned by Felitec and is protected by Canadian and United States copyright laws and international treaty provisions. Felitec retains all rights not expressly granted. You must treat the Software like any other copyrighted material. You may not rent or lease the Software but you may distribute copies of it in its original distribution form. You may not reverse engineer, de-compile or disassemble the Software, except to the extent where applicable law expressly prohibits the foregoing restriction. COPY DISTRIBUTION ------------------------------------------------------------------------- You may distribute copies of the installation file as-is without any modification. You may not charge any fee for such distribution. The origin of this software must not be misrepresented; you must not claim that you wrote this software. This notice may not be removed or altered from any source distribution. WARRANTY DISCLAIMER. ------------------------------------------------------------------------- FELITEC DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. NEITHER FELITEC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF FELITEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL FELITEC'S LIABILITY FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. Some states do not allow the exclusion of the limit of liability for consequential or incidental damages, so the above limitation may not apply to you. This agreement shall be governed by the laws of the Province of British Columbia and shall inure to the benefit of Felitec Inc. and any successors, administrators, heirs and assigns. Any action or proceeding brought only in a PROVINCIAL or FEDERAL COURT of competent jurisdiction located in the Penticton district of British Columbia.