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Cantabile License Agreement

INTRODUCTION

1) This Licence Agreement ("LICENCE AGREEMENT") is a legal agreement between you (either an individual or a single entity) and Brad Robinson trading as Topten Software ("TOPTEN SOFTWARE") under which TOPTEN SOFTWARE is licensing software which includes computer software, and may include associated media, printed materials and online electronic documentation (the "SOFTWARE PRODUCT") on the terms and conditions stated below.

OWNERSHIP OF SOFTWARE

2) The SOFTWARE PRODUCT is owned by TOPTEN SOFTWARE and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

GRANT OF LICENSE

3) TOPTEN SOFTWARE grants you a nonexclusive licence to install and use one copy of the SOFTWARE PRODUCT on a single computer.

4) Where the SOFTWARE PRODUCT is properly licensed for a particular computer, the primary user of that computer may install additional copies of the SOFTWARE PRODUCT on other home and/or portable computers without paying additional licence fees if the user has only one copy of the SOFTWARE PRODUCT in use at any time.

RESTRICTION ON USE AND TRANSFER

5) You may not reverse engineer, decompile or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Further, you may not electronically distribute or make available the SOFTWARE PRODUCT to any third party, modify or vary the SOFTWARE PRODUCT in any way, or license or permit or purport to license or permit a third party to do any of the things referred to in this clause. Subject to clauses 4 and 5, you may not copy the SOFTWARE PRODUCT except that you may make 1 copy of the software portion of the SOFTWARE PRODUCT solely for backup or archival purposes.

6) The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated.

7) You may permanently transfer all of your rights under this LICENCE AGREEMENT if you retain no copies and the transferee agrees to be bound by the terms and conditions of this LICENCE AGREEMENT. Such a transfer terminates your licence. You may not rent, lease or lend the SOFTWARE PRODUCT or otherwise transfer or assign the right to use the SOFTWARE PRODUCT except as stated in this paragraph.

CONSIDERATION

8) The fee payable by you to Topten Software for the licence granted under this LICENCE AGREEMENT shall be the one-time fee listed at TOPTEN SOFTWARE's internet web site (http://www.toptensoftware.com) at the time the licence is granted.

SUPPORT SERVICES

9) Subject to clause 12, TOPTEN SOFTWARE may, in its absolute discretion, provide you free of charge with "helpline" support services relating to the SOFTWARE PRODUCT. Any such support services will be provided via Internet electronic mail (e-mail) only.

10) From time to time as seen fit by TOPTEN SOFTWARE general patches, corrections or fixes to the SOFTWARE PRODUCT (other than new versions or upgrades of the SOFTWARE PRODUCT) may be made available to you for download free of charge from the TOPTEN SOFTWARE Internet web site. Any such software downloaded becomes part of the SOFTWARE PRODUCT and is subject to the terms and conditions of this LICENCE AGREEMENT.

11) TOPTEN SOFTWARE'S current policy is to support (as set out in clauses 11 and 12) the most recently released version of the SOFTWARE PRODUCT and the next prior version and to cease maintenance of earlier versions. However, TOPTEN SOFTWARE reserves the right to change this policy in its discretion and reserves the right to discontinue support of SOFTWARE PRODUCTS or versions of SOFTWARE PRODUCTS at any time without cause.

LIMITED WARRANTY

12) Subject to clause 16, TOPTEN SOFTWARE warrants that the software portion of the SOFTWARE PRODUCT will perform substantially in accordance with the documentation portion of the SOFTWARE PRODUCT for a period of 90 days from the date of your receipt of the SOFTWARE PRODUCT.

13) Subject to any warranties expressed in this Agreement and to those warranties which cannot be excluded under the law, TOPTEN SOFTWARE makes no warranties with respect to the SOFTWARE PRODUCT or the use of the SOFTWARE PRODUCT.and ALL OTHER TERMS, CONDITIONS, WARRANTIES, UNDERTAKINGS OR INDUCEMENTS, WHETHER EXPRESS OR IMPLIED, ARE HEREBY EXPRESSLY EXCLUDED.

14) IN RELATION TO ANY TERM, CONDITION OR WARRANTY EXPRESSED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOPTEN SOFTWARE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT TOPTEN SOFTWARE'S CHOICE, EITHER (A)THE REPLACEMENT OF THE SOFTWARE PRODUCT OR THE SUPPLY OF AN EQUIVALENT PRODUCT, (B) THE REPAIR OF THE SOFTWARE PRODUCT, (C) THE PAYMENT OF THE COST OF REPLACING THE SOFTWARE PRODUCT OR OF ACQUIRING AN EQUIVALENT PRODUCT, OR (D) THE PAYMENT OF HAVING THE GOODS REPAIRED. Any replacement or repaired SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

15) This LIMITED WARRANTY is void to the extent that failure of the SOFTWARE PRODUCT results from modification, accident, abuse or misapplication.

16) SUBJECT TO CLAUSE 15, IN NO EVENT WILL TOPTEN SOFTWARE BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFIT, LOST SAVINGS OR OTHER INCIDENTAL ON CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR FAILURE OF OR FAULT IN THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages the above limitation may not apply to you.

TERMINATION

17) TOPTEN SOFTWARE may terminate this LICENCE AGREEMENT if you fail to comply with the terms and conditions of this LICENCE AGREEMENT. In such event, you must erase from your computer and destroy all copies of the SOFTWARE PRODUCT.

MISCELLANEOUS

18) This agreement is governed by the laws of the State of New South Wales, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts which have jurisdiction to hear appeals from any of those courts.

19) This Agreement embodies the entire understanding and agreement between the parties as to the subject matter of this agreement.

20) TOPTEN SOFTWARE may assign its rights and obligations under this licence agreement without your prior consent.

21) U.S. Government Restricted Rights. The SOFTWARE PRODUCT is provided with Restricted Rights. Use, duplication, or disclosure by the US Government is subject to restrictions set forth in subparagraph (c)(1) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Supplier is TOPTEN SOFTWARE.

If you have any questions concerning this LICENCE AGREEMENT or wish to contact TOPTEN SOFTWARE for any reason, please email contact@toptensoftware.com