License agreement IMPORTANT! CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THIS SOFTWARE. INSTALLATION OF THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. This software program, any printed materials, any on-line or electronic documentation, and any and all copies of such software program and materials (the "Software") are the copyrighted work of Applied Acoustics Systems DVM Inc. ("AAS"), or its subsidiaries. 1. LICENSE TO USE. The Licensee is granted a personal, non-exclusive and non-transferable license to install and to use one copy of the Software on a single computer solely for the personal use of the Licensee. The Software contains a playing interface (the "TASSMAN SE" for Licensee’s personal and/or commercial use in connection with the Software. Use of the TASSMAN SE is subject to this Agreement. 2. RESTRICTIONS ON USE. The Licensee may not nor permit third parties to (i) make copies of any portion of the Software, other than as expressly permitted under this Agreement; (ii) modify, translate, disassemble, decompile, reverse engineer or create derivative and/or competitive products based on any portion of the Software; (iii) provide use of the Software in a network, timesharing, interactive cable television, multiple CPU service bureau or multiple user arrangement to users not individually licensed by AAS, other than as expressly permitted by the terms of this license. The Software is licensed to you as a single product 3. OWNERSHIP. AAS retains title to the Software, including but not limited to any titles, computer code, themes, objects dialog concepts, artwork, animations, sounds, audio effects, methods of operation, moral rights, any related documentation and "applets" incorporated into the Software. AAS retains ownership of and title to all intellectual property rights in the Software, underlying technology, related written materials, logos, names and other support materials furnished either with the Software or as a result of this Agreement, including but not limited to trade secrets, patents, trademarks and copyrights therein. Licensee shall not remove or alter any copyright or other proprietary rights notices contained on or within the Software and shall reproduce such notices on all copies thereof permitted under this Agreement or associated documentation. 4. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AAS DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF RIGHTS OF ANY OTHER PERSON. AAS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET THE LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. 5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AAS BE LIABLE TO THE LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS WHETHER BASED IN CONTRACT, TORT OR OTHER CAUSE OF ACTION, EVEN IF AAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT IN RELATION TO GROSS NEGLIGENCE OR WILFUL BREACH OF THIS AGREEMENT BY AAS. NO AAS AGENT, REPRESENTATIVE OR DEALER IS AUTHORIZED TO EXTEND, MODIFY OR ADD TO THIS WARRANTY ON BEHALF OF AAS. THE TOTAL LIABILITY OF AAS FOR DAMAGES, WHETHER IN CONTRACT OR TORT, UNDER OR RELATED IN ANY WAY TO THIS AGREEMENT SHALL BE LIMITED TO THE LICENSE FEES ACTUALLY PAID BY LICENSEE TO AAS, OR IF NO FEES WERE PAID, AAS’ LIST PRICE FOR THE SOFTWARE COVERED BY THIS LICENSE. THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF LIABILITY IS NOT PERMITTED IN SOME JURISDICTIONS, AND SOME OR ALL OF THESE EXCLUSIONS MAY THEREFORE NOT APPLY. 6. TERMINATION. This License also shall extend to the Software and any updates or new releases thereof obtained by the Licensee, if any, subject to any changes to this Licence made by AAS from time to time and provided to the Licensee, provided AAS is under a separate obligation to provide to Licensee such updates or upgrades and Licensee continues to have a valid license which is in effect at the time of receipt of each such update or new release. This License shall remain in effect until terminated. The Licensee may terminate this Agreement at any time, upon notification to AAS. This Agreement will terminate immediately without notice from AAS if the Licensee fails to comply with any provision of this License. Any such termination by AAS shall be in addition to and without prejudice to such rights and remedies as may be available, including injunction and other equitable remedies. Upon receipt of notice of termination from AAS, the Licensee must (a) immediately cease to use the Software; (b) destroy all copies of the Software, as well as copies of all documentation, specifications and magnetic media relating thereto in Licensee’s possession or control; and (c) return all original versions of the Software and associated documentation. The provisions of Sections 1, 3, and 5 shall survive the termination of this Agreement. 7. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, without regard to the United Nations Convention On Contracts for the International Sale of Goods and conflict of laws provisions, if applicable, and the parties hereby irrevocably attorn to the jurisdiction of the courts of that province. Les parties sont d’accord à ce que cette convention soit rédigée en langue anglaise. The parties have agreed that this agreement be drafted in the English language. 8. SEVERABILITY. If any of the above provisions are held to be illegal, invalid or unenforceable, such provision shall be severed from this Agreement and this Agreement shall not be rendered inoperative but the remaining provisions shall continue in full force and effect. 9. ENTIRE AGREEMENT. This Agreement is the entire agreement between AAS and the Licensee relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgement, or similar communication between the parties during the term of this Agreement except as otherwise expressly agreed by the parties. No modification to the Agreement will be binding, unless in writing and signed by a duly authorized representative of each party. 10. NON-WAIVER. No delay or failure to take any action or exercise any rights under this Agreement shall constitute a waiver or consent unless expressly waived or consented to in writing by a duly authorized representative of AAS. A waiver of any event does not apply to any other event, even if in relation to the same subject-matter.