GEODYSSEY LIMITED GALILEO PRODUCT LICENSING AGREEMENT ------------------------------------------------------ LICENSE The software product co-located with this Agreement, consisting of computer programs, scripts, data and documentation collectively known as Galileo(TM) ("Galileo") is owned exclusively by Geodyssey Limited of Calgary, Alberta, Canada ("Geodyssey") and is protected by Canadian copyright law and international treaty provisions. Geodyssey hereby grants you a non-exclusive license to use and/or distribute Galileo as set forth below. You may: . use or distribute without compensation unmodified Galileo software programs, scripts, data or documentation for use on any number of appropriately configured computers, providing that this licensing Agreement and its contained Geodyssey copyright notice accompanies any Galileo components distributed. RESTRICTIONS You may not: . use, copy, modify, or transfer Galileo, in whole or in part, except as expressly provided for in this license, . sell, rent or lease for compensation any part of Galileo or its documentation to any third party, . modify or adapt Galileo components or documentation in whole or in part including but not limited to translating or creating derivative works for any purpose except that for your own personal use or for use in developing and delivering educational materials without compensation, . disassemble or reverse compile Galileo programs for the purpose of discovering or reproducing the underlying functionality of Galileo. COPYRIGHT Galileo and its documentation are copyrighted (C) 2003 and are proprietary to Geodyssey. You may not copy or use Galileo or its documentation except as specifically allowed hereunder. All other copies and uses of Galileo or its documentation are in violation of this Agreement and constitute infringement of copyright which may be the subject of legal sanction. REDISTRIBUTION RIGHTS Under this Agreement, you have no rights to distribute for compensation programs or products incorporating components of Galileo, whether modified or not. Under a separate license, however, you may be granted certain rights to reproduce and distribute for compensation Galileo or your own works that incorporate components of Galileo. TERMINATION This Agreement and your license to use Galileo will automatically terminate if you fail to comply with any provision of the Agreement. SELECTION AND USE You assume full responsibility for the selection of Galileo to achieve your intended results and for the installation, use and results obtained from Galileo. Geodyssey does not warrant that the functions contained in Galileo will meet your requirements or that operation of Galileo will be uninterrupted or error free. Because of the inherent complexity of computer software you are advised to verify your results. WARRANTY Galileo is made available "as is", WITHOUT warranty of any kind. LIMITATIONS OF REMEDIES AND LIABILITIES GEODYSSEY'S LIABILITY AND YOUR EXCLUSIVE REMEDY ARE AS SET FORTH ABOVE AND GEODYSSEY DISCLAIMS ALL OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO MODIFICATION OR ADDITION TO THIS WARRANTY IS AUTHORIZED UNLESS IT IS SET FORTH IN WRITING, IT REFERENCES THIS AGREEMENT AND IT IS SIGNED ON BEHALF OF GEODYSSEY BY AN AUTHORIZED OFFICIAL. IN NO EVENT WILL GEODYSSEY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF GEODYSSEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, GEODYSSEY IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, THE COST OF RECOVERING SUCH INFORMATION, THE COST OF SUBSTITUTE SOFTWARE, OR CLAIMS BY THIRD PARTIES. IN NO CASE SHALL GEODYSSEY'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU. THIS AGREEMENT GIVES YOU CERTAIN LEGAL RIGHTS. YOU MAY HAVE OTHERS UNDER LAW. GENERAL This agreement shall be governed by the laws of the Province of Alberta and the laws of Canada. By use of Galileo or its redistribution, you acknowledge that you have read this Agreement, understand it, agree to be bound by these terms, and that this Agreement is the complete and exclusive statement of the agreement between us, superseding all prior and other agreements, communications, and representations, written or oral, express or implied, between us relative to Galileo and its documentation and uses. If you have any questions concerning this Agreement, please contact: Geodyssey Limited Suite 240, 815 Eighth Avenue SW, Calgary, Alberta, T2P 3P2, Canada Tel 1-403-234-9848 Fax 1-403-243-3979 http://www.geodyssey.com