FREE USE LICENSE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.

YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:

YOU CLICK THE 'ACCEPT' BUTTON, OR
YOU COPY, INSTALL, OR USE THIS COPY OF 'SONIC BEACON' SOFTWARE, OR
YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS SOFTWARE.

IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.


1. SOFTWARE COVERED BY THIS LICENSE

This license agreement ('Agreement') applies only to the version of the 'sonic beacon' software package ('sonic beacon') with which this Agreement is included. Different license terms may apply to other software packages or other materials, and license terms for later versions of 'sonic beacon' may also be changed.


2. FREE USE LICENSE.

(a) Original Distribution Package Necessary. In order to qualify for the free use license described below, you must have downloaded or received 'sonic beacon' in the form of an original 'sonic beacon' distribution package, including all files contained in such package ('Original Distribution Package'). Copies of 'sonic beacon' not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others.

(b) You may, free of charge:

install and use 'sonic beacon' free of charge, for the purpose of creating, changing, storing, distributing and transmitting software description data files in '.process' file format(s).

copy, store, distribute and transmit, free of charge, identical copies of this Original Distribution Package of 'sonic beacon' to others.

store, and distribute and transmit to others, the software description data files created in '.process' file format(s) by proper use of this version of 'sonic beacon' ('proper use' is defined below).

describe and designate the software description data files created in '.process' file format(s) by proper use of this version of 'sonic beacon' program.

'Proper use' of 'sonic beacon' is use of the program fully in accordance with 'owners' guidelines, as such guidelines may be changed, clarified or corrected by the 'owner' from time to time. If you have any questions as to proper use of this 'sonic beacon' program, or other guidelines regarding use of the terms '.process' file formats, you may contact the 'owner' via the contact information included in this Original Distribution Package.

(c) You may not:

permit others to use this 'sonic beacon' program unless they are properly licensed by the 'owner', either under this Agreement or another agreement from the 'owner'.

modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this 'sonic beacon' program.

copy 'sonic beacon' except as described above.

sell or license copies of 'sonic beacon' to others.

remove any proprietary notices or labels on 'sonic beacon' or any other software by the 'owner'.

use 'sonic beacon' in or for High Risk Activities (defined below)

(d) All rights not expressly granted by the 'owner' in this Agreement are entirely and exclusively reserved to the 'owner'.


4. SUPPORT. 'sonic beacon' contains online help files. However, hard-copy documentation, telephone assistance and other support are not available under this free license.


5. '.process' FILE FORMAT AND OTHER LICENSES.

(a) The '.process' file formats are data file formats that are owned by solely by the 'owner', and specified and changed from time to time solely by the 'owner'.

(b) This 'sonic beacon' program, as distributed in this Original Distribution Package and when properly used as designated solely by the 'owner', is intended to create data files in '.process' file format(s) endorsed by the 'owner' at the time this Original Distribution Package was first made publicly available by the 'owner'. The 'owner' reserves the right to change any '.process' file format at any time at his sole discretion.

(c) You acknowledge and agree that it may become necessary to use software other than this version of 'sonic beacon' to create files that may be referred to publicly by you or others as '.process' files in the future.

(d) If you wish to create '.process' format files without using this 'sonic beacon' software, there are other ways to do so.

(e) All use and distribution of '.process' format files is subject to license from the 'owner'. If you have any questions as to current specifications or license terms for '.process' file format(s), you may contact the 'owner' via the contact information included in this Original Distribution Package.


6. DISCLAIMER OF WARRANTY. THE 'owner' DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST 'SONIC BEACON' BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING 'SONIC BEACON' AND DISTRIBUTING FILES CREATED THROUGH USE OF 'SONIC BEACON', AND THAT IF YOU USE 'SONIC BEACON' IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF 'SONIC BEACON' IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.


7. LIMITATION OF LIABILITY. IN NO EVENT SHALL 'owner', OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF 'owner', FILES CREATED USING 'SONIC BEACON', OR YOUR RELATIONSHIP WITH THE 'owner'. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.


8. TITLE. The 'owner' or its licensors own the 'sonic beacon' software, all other materials in this 'sonic beacon' Original Distribution Package, '.process' File Format, and the names and marks 'sonic beacon' and '.process', under the copyright laws and all other laws that may apply.


9. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the 'sonic beacon' software and all other materials in this 'sonic beacon' Original Distribution Package and, at the 'owners' sole discretion, any or all of the files created by you using 'sonic beacon' and distributed to others.


10. HIGH RISK ACTIVITIES. 'sonic beacon' is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of 'sonic beacon' could lead directly to death, personal injury, or severe physical or environmental damage ('High Risk Activities'). The 'owner' and his suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.


11. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and the 'owner'. Waiver by the 'owner' of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to 'sonic beacon' or to this Agreement shall be governed by the is governed by the laws of the Province of Ontario,
Canada. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to the 'owner' or the matters in this Agreement shall be exclusively in courts located in the Judicial District of York,
Province of Ontario. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by the 'owner' herein.

12. Should you have any questions concerning this End User License Agreement, or if you wish to contact Sonic beacon for any reason, please write the 'owner'.

13. The 'owner' on the 'sonic beacon' Certificate of Registration of Copyright (Registration Number 1046285) is

Mario Kodrzynski
155 Indian Hill Road
Pakenham
Ontario, Canada
K0A 2X0.