SOFTWARE LICENCE AGREEMENT

This software licence agreement, including the Warranty Disclosure set forth below is a legal agreement between you (either an individual or an entity) and Kinesi Systems. By opening the sealed software packet and/or using the software, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the unopened software packet and the accompanying items (including any Kinesi Systems written materials, binders, or other containers) to Kinesi Systems for a full refund.

GRANT OF LICENCE.
Kinesi Systems grants you the following non-exclusive limited licence and privileges:

This Licence Agreement permits you the user to use one copy of the software program included in this package (the "Software") on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., Hard disk or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution shall not constitute "use" for which a separate licence is required, provided you have a separate licence for each computer to which the SOFTWARE is distributed.

COPYRIGHT.

The SOFTWARE (including any images, photographs and text incorporated into the SOFTWARE) is owned by Kinesi Systems and is protected by Canadian copyright laws and international treaty provisions and all other applicable national laws. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the user documentation accompanying the SOFTWARE.

Portions of this application are the copyright © of ProMatrix Corporation, Tampa, Florida 1994 - 1997. Unauthorized use, duplication or distribution are prohibited.

ADDITIONAL RESTRICTIONS.

a. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and any accompanying user documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You must notify Kinesi Systems in writing of the fact that you have transferred your license and to whom the licence was transferred.

b. You may not reverse engineer, de-compile, or dissemble the SOFTWARE.

c. You may not use Equine Solutions code to create a product that competes with Equine Solutions.

All rights not specifically granted in this Licence are reserved by Kinesi Systems. This agreement shall be construed, interpreted and governed by the laws of the Province of Alberta, Canada. If any provision of this licence is found void or unenforceable, it will not affect the validity of the balance of this licence.

WARRANTY DISCLOSURE

To the maximum extent permitted by applicable law, Kinesi Systems makes no warranty of any kind, expressed or implied, without limitation, any warranties of merchantability and/or fitness for a particular purpose. Kinesi Systems liability, if any for damages arising from the use of this software shall be limited to the original licence fee for the software.

In no event will Kinesi Systems be liable for any additional damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use of, or inability to use, this software and its accompanying documentation, even if Kinesi Systems has been advised of the possibility of such damages.

By installing Equine Solutions on your computer, you agree to the above terms.

WebMaster

Last update: 12 Feb 2003

Copyright © 2003 Kinesi Systems Incorporated. All rights reserved.