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QUASAR ACCOUNTING, RETAIL AND POINT-OF-SALE COMMERCIAL LICENSE AGREEMENT

NOTICE TO USER:

PLEASE READ THIS LICENSE AGREEMENT. QUASARTM ACCOUNTING, QUASARTM RETAIL AND/OR QUASARTM POINT-OF-SALE SOFTWARE IS AVAILABLE FOR INSTALLATION FROM THIS FILE SET. IF YOU CHOOSE TO INSTALL THIS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE WITH THE INSTALLATION AND/OR RETURN THE COMPLETE PACKAGE TO LINUX CANADA INC., OR ITS RESELLER FROM WHERE THE PACKAGE WAS OBTAINED, FOR A FULL REFUND, IF APPLICABLE.  THIS DOWNLOAD, DVD, CDROM OR OTHER SUPPLIED MEDIA/DISTRIBUTION IS PROVIDED WITHOUT TECHNICAL SUPPORT.  This Agreement has 4 parts.  At least two parts will apply to you. Part I applies if you have not purchased a license to the accompanying software (the "Software").  Part II applies if you have purchased a license to the Software. Part III applies to binary license grants to the Software within the categories of Part I or PartII.  Part IV applies to source code license grants to the Software within said primary categories.  If you initially acquired a copy of the Software without purchasing a license and you wish to purchase a license, contact Linux Canada Inc. on the Internet at http:/www.linuxcanada.com or call (403) 720-8682.

PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID TO LINUX

CANADA INC.

Linux Canada Inc. grants you a non-exclusive license to use the Software in binary form free of charge if your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period is limited to 90 days. If you are using the Software free of charge for evaluation purposes you are not entitled to support or telephone assistance. Linux Canada Inc. grants you a non-exclusive license to use the Software in binary form free of charge if you utilize the basic single computer edition. This limits the use to one computer with one Quasar client, no point-of-sale clients, no network or remote access.  

DISCLAIMER OF WARRANTY FOR EVALUATION

Software obtained free of charge, whether in source and binary forms, are provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non- infringement. The entire risk as to the quality and performance of the Software is born by you.

PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID

GRANT. Subject to payment of applicable license fees, Linux Canad Inc. grants to you a non-exclusive license to use the Software in binary and source form and accompanying online documentation ("Documentation") in the manner described in Parts III and IV belowunder "Scope of Grant."

LIMITED WARRANTY FOR COMMERCIAL USE.

Linux Canada Inc. warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. Linux Canada Inc. does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, the security mechanisms implemented by Linux Canada Inc. software have inherent limitations, and you must determine that the Software sufficiently meets your requirements.  Linux Canada Inc. also warrants that the media containing the Software, if provided by Linux Canada Inc., is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Linux Canada Inc's  sole liability for any breach of this warranty shall be, in Linux Canada Inc's  sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are demonstrated to be impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) Linux Canada Inc. advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform Linux Canada Inc. in writing of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will Linux Canada Inc. be obligated to honor this warranty. Linux Canada Inc. will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY LINUX CANADA INC..  LINUX CANADA INC. MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO LINUX CANADA INC. DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

PART III -- TERMS APPLICABLE TO BINARY LICENSE GRANTS

SCOPE OF GRANT FOR QUASAR ACCOUNTING AND QUASAR RETAIL

For the binary license grants listed above, you may: use the Software on any single computer; use the Software on a network provided that you have purchased additional Quasar Client licenses for each concurrent remote computer it is being used on; copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices and icense terms; or You may not: permit concurrent use of the Software without proper licenses; copy the Software other than as specified above; rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or remove any proprietary notices, licenses  or labels on the Software.

SCOPE OF GRANT FOR QUASAR POINT-OF-SALE

For the binary license grants listed above, you may: use the Software on multiple computers provided that a license has been purchased for each concurrent point-of- sale computer; copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices and license terms; or You may not: permit concurrent use of the Software without proper licenses; copy the Software other than as specified above; rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or remove any proprietary notices, licenses  or labels on the Software.

PART IV -- TERMS APPLICABLE TO SOURCE CODE GRANT

GRANT.

LINUX CANADA INC. grants you a non-exclusive license to use the Software in source code form provided a license is obtained from Linux Canada Inc. before any products or derivative works are shipped for commercial gain that utilize the Software, its components or derivative works.   For the source code license grant, you may: use the Software on any single computer; use the Software on a network, provided that each person accessing the Software through the network agrees to the terms and conditions of this license; use the Software on as many computers as needed provided that each person accessing the Software agrees to the terms and conditions of this license; copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices, marks and license terms. modify, translate, compile, disassemble, or create derivative works based on the Software provided any modification, translation, compilation, disassembly or derivative work used for commercial gain requires a separate license from Linux Canada Inc. as per the terms of the BINARY LICENSE GRANTS in PART III or this Agreement; You may not: permit other individuals to use the Software except under the terms listed above; copy the Software other than as specified above; rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or remove any proprietary  notices , licenses or labels on the Software.

TITLE.

Title, ownership rights, and intellectual property rights in the Software and all derivative works whether in binary and source forms shall remain in Linux Canada Inc. and/or its suppliers unless otherwise specified in a separate agreement with Linux Canada Inc.. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may also be protected by applicable law. This License gives you no rights to such content.

TERMINATION.

The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.

EXPORT CONTROLS.

None of the Software or underlying information or technology may be exported or re-exported into (or to a national or resident of) any country to which Canada has embargoed goods. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LINUX CANADA INC. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LINUX CANADA INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LINUX CANADA INC. RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LINUX CANADA INC.  SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 

MISCELLANEOUS.

If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software.  This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.  This Agreement shall be governed by Alberta law (except for conflict of law provisions). Linux Canada Inc. Suite #1230 246 Stewart Green S.W. Calgary, Alberta Canada T3H 3C8  Phone: (403) 720-8682 email: sales@linuxcanada.com
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