RASTRACKER(tm) End-User Software License Agreement NOTICE TO ALL USERS: THIS AGREEMENT ("AGREEMENT") IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. THE SOFTWARE IS COPYRIGHTED AND LICENSED. THIS AGREEMENT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE, OR DESTROY ALL COPIES OF THE SOFTWARE THAT YOU HAVE INSTALLED. IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE IMMEDIATELY FOR A FULL REFUND. 1. Definitions (a) "NORTHERN" shall mean Northern Parklife AB, a Swedish corporation. (b) "Software" shall mean computer programs (and their storage medium) supplied by NORTHERN and known collectively as "RASTRACKER" in which NORTHERN has property rights, or licensed rights, including any user manuals, operating instructions, brochures and all other documentation relating to the said computer programs (the expression "Software" to include all or any part or any combination of Software). (c) "Server Software" shall mean Software that provides services on a computer called Server, or used as a Server. (d) "Client Software" shall mean Software that allows a computer or workstation to access or otherwise utilize the services provided by the Server Software. (e) "Port" shall mean a physical or virtual connection point for remote access communication, a COM or VPN port for example. If a Server is equipped with several connection points, each is classified as a Port. 2. License This NORTHERN product contains Server Software and Client Software. Subject to the terms and conditions of this Agreement, NORTHERN hereby grants you a non-exclusive, non-transferable right to use the Software as follows: (a) Install and use the Server Software on the number of computers authorized by the purchase. (b) Install and use the Client Software on any one or more computers or workstations connected to that Server. (c) Use the Software to control up to the maximum number of concurrently used Ports authorized by the purchase. (d) Install the Client Software on a storage device, such as a network server, and run the Client Software on an internal network. (e) Make one copy of the Software in machine-readable, object code form only solely for backup purposes. Your backup copy of the Software must contain all copyright notices and any other proprietary legends held on the original. (f) If you have purchased a multi-pack license for the Software product, or a license to make multiple installations of the Software, you may concurrently use the number of copies of the Software authorized by that purchase. 3. License Restrictions (a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. You may not reverse compile, reverse engineer, reverse assemble, or otherwise translate or reduce the Software to a human perceivable form. You may not rent, lease, assign, sublicense or share your rights to the Software. You may not modify the Software or create derivative works based upon the Software. (b) You acknowledge and agree that the Software and accompanying material are the proprietary products of NORTHERN and are protected under U.S. and international copyright laws. You further acknowledge and agree that all right title, and interest in and to the Software, including associated intellectual property rights, are and shall remain with NORTHERN. This Agreement does not convey to you an interest in or to the Software other than a limited right of use revocable in accordance with the terms of this Agreement. (c) Should you fail to carry out any other obligation under this Agreement, NORTHERN may, at its option, in addition to other available remedies, immediately terminate this Agreement. In the event of such a breach of the Agreement, you agree to return the Software and any copies thereof to NORTHERN. 4. Upgrades If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier end-user software license agreement and that you will not continue to use the previous version of the Software nor transfer it to another. 5. Limited Warranty NORTHERN warrants that for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with the recommended hardware configuration, the Software shall perform in substantial conformance with the documentation supplied with the Software; and (ii) the media on which the Software is furnished shall be free from defects in materials and workmanship under normal use. NORTHERN does not warrant that the Software will be error-free in all circumstances. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, NORTHERN DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. No oral or written information or advice given by NORTHERN, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty. 6. Exclusive Remedy Your exclusive remedy during the limited warranty period as set forth in Section 5, above, is to return the Software to the place you acquired it with a copy of your receipt and a description of the problem. NORTHERN shall use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or, at its discretion, refund to you your purchase price for the Software. NORTHERN shall have no responsibility if the Software has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than the recommended hardware configuration. You agree that the foregoing constitutes your sole and exclusive remedy for breach by NORTHERN of any warranties made under this Agreement. 7. Limitations of Damages (a) NORTHERN SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF NORTHERN OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) NORTHERN'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE PAID TO NORTHERN FOR THE USE OF THE SOFTWARE. (c) To the extent provided by applicable law and subject to Section 8, below, the foregoing limitations of damages do not apply to damages for personal injury to you, if any. 8. High Risk Activities The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively "High Risk Activities"). NORTHERN EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. 9. Basis of Bargain The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the Agreement between NORTHERN and you. NORTHERN would not be able to provide the Software on an economic basis without such limitations. 10. Consumer End-Users The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e. a person acquiring goods otherwise than in the course of a business. 11. Governing Law and Notice This Agreement shall be governed by the laws of the Kingdom of Sweden. It contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: In the U.S.: Northern Parklife, Inc. Attn: Chief Financial Officer 5201 West Kennedy Blvd., Suite 615 Tampa, FL 33609 E-mail: info@northernparklife.com Other countries: Northern Parklife AB Gävlegatan 18B SE-113 30 Stockholm Sweden E-mail: info@northernparklife.com 12. Trademark RASTRACKER is a trademark owned by NORTHERN. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark. 13. Miscellaneous (a) The reference to any third-party products, companies and/or Web-sites in RASTRACKER is for informational purposes only and constitutes neither an endorsement nor a recommendation. NORTHERN assumes no responsibility with regard to the selection, performance or use of these products or vendors. A URL to a non-NORTHERN Web-site does not mean that NORTHERN endorses or accepts any responsibility for the content or use of such Web-site. NORTHERN provides this reference only as a convenience. (b) Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. (c) If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys fees and expenses of litigation. RASTRACKER(tm) Copyright (c) 1995-2000 by Northern Parklife AB. All rights reserved. Microsoft, Windows NT, Windows 2000 are registered trademarks. Other names are trademarks of their respective holders.