MetaTraffic Software License Agreement -------------------------------------- METASUN SOFTWARE CORP. (HEREINAFTER "METASUN SOFTWARE") IS WILLING TO LICENSE THE ASP SCRIPTS AND THE ACCOMPANYING DOCUMENTATION (THE "SOFTWARE") TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY INSTALLING THIS SOFTWARE ON YOUR COMPUTER, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, METASUN SOFTWARE IS UNWILLING TO LICENSE THE SOFTWARE TO YOU. PLEASE REMOVE THE SOFTWARE FROM YOUR COMPUTER. 1. EVALUATION OR NON-COMMERCIAL LICENSE. If you are using the Software on a commercial web site, Metasun Software hereby grants you a nonexclusive license to install and use the Software on a single web site for an evaluation period of thirty (30) days. On the thirty-first (31) day, you must register the product or destroy all copies of the product in your possession. The Software may be used for free if it is installed on a Non-Commercial web site only. For the use of the Software, a link must be provided from the web site where the Software is installed to Metasun Software's web site. Non-Commercial Use is limited to the following web sites operated by: universities, colleges and other educational institutions (including, but not limited to elementary schools, middle schools, high schools, and community colleges), and other individual's web sites who use the Software for personal, non-commercial use only (for example, hobby sites). Under no circumstances can the Software be used by or for a for-profit organization, or be used to generate income for personal benefit beyond the stated evaluation period without purchasing a license. If you do not qualify for Non-Commercial Use, then you should purchase a license. Commercial users who purchase a license are entitled to e-mail support for the installation of the product, discounts to future MetaTraffic upgrades and permission to remove the MetaTraffic logo from the reports. Metasun Software reserves the right to further clarify the terms of "Non-Commercial Use" at its sole determination. You are permitted to reverse-engineer or otherwise modify the code-level operation of this Software however you see fit. You may copy the Software for backup purposes, provided that you leave intact and reproduce all copyright and other proprietary notices that are on or in the original copy of the Software. 2. RESTRICTIONS. Metasun Software retains all right, title, and interest in and to the Software, and any rights not granted to you herein are reserved by Metasun Software. Any attempt to transfer any of the rights, duties or obligations hereunder is void. You may not rent, lease, loan, or resell for profit the Software, or any part thereof. You may not reproduce, distribute, publicly perform or publicly display the Software except as expressly permitted under Section 1. You may not make the Software available for download to anyone else on any computer system or network. You may not remove any copyright notices, trademarks, or logos from the software. 3. PRIVACY STATEMENT. The Metasun Software Privacy Statement found online at http://www.metasun.com/privacy.asp, is incorporated herein by reference. 4. SUPPORT. Users of free or evaluation Software are entitled to only minimal support from Metasun Software. Every effort has been made to produce adequate documentation so that users can successfully install and use the software on their own. However, technical support questions may be directed to Metasun's support site at http://www.metasun.com/support/. 5. NO WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from province to province. 6. LIMITATION OF LIABILITY. IN NO EVENT WILL METASUN SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT, EVEN IF METASUN SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Metasun Software's liability in connection with the Software, regardless of the form of action, exceed $1. Some jurisdictions do not allow the foregoing limitations of liability, so the foregoing limitations may not apply to you. 7. TERM AND TERMINATION. This Agreement shall continue until terminated. You may terminate the Agreement at any time by deleting all copies of the Software. This license terminates automatically if you violate any terms of the Agreement. Upon termination you must promptly delete all copies of the Software. Sections 2, 5, 6, 10 and 11 shall survive termination. 8. EXPORT. You may not download or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations. 9. CONTRACTING PARTIES. If the Software is installed on computers owned by a corporation or other legal entity, then this Agreement is formed by and between Metasun Software and such entity. The individual executing this Agreement represents and warrants to Metasun Software that they have the authority to bind such entity to the terms and conditions of this Agreement. 10. INDEMNITY. You agree to defend and indemnify Metasun Software against all claims, losses, liabilities, damages, costs and expenses, including attorney's fees, which Metasun Software may incur, in connection with your breach of this Agreement. 11. GENERAL. The Software is a "commercial item." This Agreement is governed and interpreted in accordance with the laws of the Province of British Columbia, Canada without giving effect to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any claim arising out of or related to this Agreement must be brought exclusively in a federal or state court located in Vancouver, British Columbia and you consent to the jurisdiction of such courts. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall not be affected. This Agreement is the entire and exclusive agreement between Metasun Software and you with respect to the Software and supersedes all prior agreements (whether written or oral) and other communications between Metasun Software and you with respect to the Software.