DAVIS SOFTWARE BS1 PROFESSIONAL TIME BILLING END-USER LICENSE AGREEMENT This is a legal agreement between you and Davis Software. YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE RUNNING THE INSTALL PROCEDURE FOR THE SOFTWARE PACKAGE. INSTALLING THE SOFTWARE PACKAGE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DELETE THE BS1 PROFESSIONAL TIME BILLING SOFTWARE FILES FROM YOUR COMPUTER. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR FILES. DAVIS SOFTWARE MAY MODIFY THIS AGREEMENT AT ANY TIME, FOR ANY REASON WITHOUT PRIOR NOTICE TO YOU. 1. Davis Software grants you a non-exclusive, royalty-free license, as provided for herein, for the use of Davis Software's computerized accounting system ("BS1 PROFESSIONAL TIME BILLING") in association with your IBM or compatible personal computer, modem and printer and for no other purpose. You agree to adhere to Davis Software's instructions as provided in BS1 PROFESSIONAL TIME BILLING and its related materials for the installation and use of BS1 PROFESSIONAL TIME BILLING. Davis Software may modify or upgrade BS1 PROFESSIONAL TIME BILLING at any time for any reason. 2. BS1 PROFESSIONAL TIME BILLING is owned by Davis Software and is protected by Canadian copyright laws, international treaty provisions and all other applicable national laws. Therefore, you must treat BS1 PROFESSIONAL TIME BILLING like any other copyrighted material (e.g. book). You may not copy any written materials accompanying BS1 PROFESSIONAL TIME BILLING. 3. You may not rent or lease BS1 PROFESSIONAL TIME BILLING, sub-license or otherwise transfer or encumber its rights or obligations hereunder without the prior written approval of Davis Software. 4. You understand and acknowledge that the License is strictly limited to its terms and, in particular, grants no rights to any other person and is restricted in its application solely for use by you. You may not transfer, transmit, disclose, modify, translate, adapt, reproduce, decompile, reverse engineer or disassemble BS1 PROFESSIONAL TIME BILLING or any documentation related thereto without Davis Software's written approval. 5. You shall indemnify and save harmless Davis Software from and against any and all claims, suits, actions, costs (including reasonable legal fees and disbursements) or other liabilities to any person whatsoever arising in any way out of or in respect of any breach by you of your obligations or the restrictions set forth in this Agreement. 6. Davis Software represents and warrants that BS1 PROFESSIONAL TIME BILLING is provided "as is" without warranty of any kind, for your use and at your sole risk. DAVIS SOFTWARE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO BS1 PROFESSIONAL TIME BILLING AND ANY ACCOMPANYING WRITTEN MATERIALS. THERE ARE NO WARRANTIES THAT BS1 PROFESSIONAL TIME BILLING WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT IN BS1 PROFESSIONAL TIME BILLING WILL BE CORRECTED. DAVIS SOFTWARE MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THE RESULTS OF YOUR USE OF BS1 PROFESSIONAL TIME BILLING WITH RESPECT TO ITS CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY DAVIS SOFTWARE OR AN AUTHORIZED REPRESENTATIVE OF DAVIS SOFTWARE SHALL CREATE A WARRANTY. 7. IN NO EVENT SHALL DAVIS SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE INSTALLATION, USE OR REMOVAL OF OR INABILITY TO USE BS1 PROFESSIONAL TIME BILLING, EVEN IF DAVIS SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. This License will terminate without notice to you upon your failure to comply with any provision of this License or Davis Software's instructions regarding BS1 PROFESSIONAL TIME BILLING. Upon termination you must immediately cease using BS1 PROFESSIONAL TIME BILLING and delete all copies of same from your computer. The provisions of Sections 2, 6, and 7, will survive termination of this Agreement. 9. This Agreement constitutes the entire Agreement between the Parties relating to the subject matter hereof and supersedes all prior agreements, written or oral, between the Parties relating to the subject matter hereof. There are no other terms including without limitation any representation and warranties other than those provided herein. No waiver, amendment, addition or deletion to this Agreement shall be binding unless approved in writing by Davis Software. 10. This Agreement is governed by the laws of the Province of British Columbia. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of British Columbia and further agrees to commence any litigation which may arise hereunder in the courts of British Columbia. SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, OR IF YOU DESIRE TO CONTACT DAVIS SOFTWARE FOR ANY REASON, PLEASE WRITE: Davis Software, 201 - 1069 K. L. O. Road, Kelowna, BC, V1Y 4X6, Canada.