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Neurolateral Disclaimer and License Agreement

LICENCE AGREEMENT

This is a licence agreement (the "Agreement") between you and Neurolateral Inc. (the "Licensor"). Please read it carefully before using this software. BY OPENING THIS PROGRAM, YOU ACKNOWLEDGE READING THIS AGREEMENT AND YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT OPEN THIS PROGRAM. RETURN IT, ALONG WITH ALL ASSOCIATED ITEMS WITHIN TEN DAYS TO SUITE 2, 39 LAKELAND POINT DRIVE, KINGSTON, ONTARIO, K7M 4E8.

1. PERMITTED USE.

The Licensor hereby grants to you a personal, non-transferable and non-exclusive right to use this software and all future updated or upgraded programs furnished to you by the Licensor (the "Software") solely in object code format and solely for use by you for Eye Movement Desensitization and Reprocessing ("EMDR") treatment PROVIDED (a) you have been properly trained in EMDR treatment methods and are qualified to use the Software; and (b) the Software is only used in strict compliance with EMDR Institute methodology and practices. You are permitted to use the Software solely on a single computer at any one time in accordance with the terms of this Agreement only. If you wish to use the Software on additional computers, you must obtain a separate licence for each.

2. RESTRICTIONS ON USE.

You agree that you will not: (a) copy the Software except that you may make one copy of the Software solely for backup purposes; (b) copy any of the written materials for any purpose; (c) assign this Agreement or transfer, lease, export or grant a sublicence of the Software or the licence contained herein to any other party unless authorized by the Licensor in writing; (d) network the Software or otherwise use it on more than one computer system at any one time unless the appropriate site or network fees have been paid; (e) reverse engineer, decompile or disassemble the Software; (f) copy, modify, network, rent, lease, sell or otherwise distribute the Software; (g) make the software available by bulletin boards, online services, remote dial-in, or network or telecommunications links of any kind; (h) create derivative works or any other works that are based upon or derived from the Software in whole or in part; (i) use the Software except as authorized herein; and (j) permit third parties to use the Software in any way that would constitute a breach of this Agreement.

3. OWNERSHIP AND COPYRIGHT.

The Licensor is the sole owner of all intellectual property rights in the Software, related written materials, logos, names and other supporting materials furnished in this package. No interest in or title to the intellectual property in the Software, the documentation, magnetic media or any other material provided therewith is transferred to you by this Agreement. TO BE CLEAR, THIS AGREEMENT DOES NOT CONSTITUTE A SALE OF THE SOFTWARE.

4. LIMITED WARRANTY.

(a) The Licensor warrants to you that the, CD-Rom media on which the Software is recorded is free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you. If such a defect occurs within that time, return the CD-Rom to the Licensor with proof of purchase and we will replace the CD-Rom free, as provided in paragraph 5(b) below. This is your exclusive remedy for a breach of this warranty. (b) THE SOFTWARE AND RELATED MATERIAL IS PROVIDED ON AN "AS IS" BASIS. THE LICENCEE ACKNOWLEDGES THAT NEITHER THE LICENSOR NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES OR AGENTS MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THIS SOFTWARE, THE PACKAGE OR INFORMATION OR DATA CONTAINED THEREIN, OR THE USE, DESIGN OR PERFORMANCE THEREOF, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR ARISING OTHERWISE IN LAW OR FROM A SOURCE OF DEALING OR USING IN TRADE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OF FITNESS FOR THE PARTICULAR PURPOSE OF THE LICENCEE. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE ERROR-FREE. (c) THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND THE MATERIALS PROVIDED WITH IT IS ASSUMED BY YOU.

5. LIMITATION OF REMEDIES.

The Licensor’s entire liability and your exclusive remedy shall be: (a) refund of the purchase price if the Software package is unopened and the package is returned to the Licensor within ten (10) days with proof of purchase; (b) the replacement of any media not meeting the Limited Warranty herein which is returned to the Licensor within ninety-five (95) days from the date of delivery, with proof of purchase; or (c) termination of this Licence Agreement.

6. LIMITATION OF LIABILITY:

THE LICENSOR, ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES OR AGENTS SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR FAILURE TO REALIZE ANTICIPATED SAVINGS OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS WHATSOEVER, ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER ARISING OUT OF AN ACTION IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR UNDER ANY WARRANTY OR CONDITION, IRRESPECTIVE OF WHETHER THE LICENSOR HAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR FOR CLAIMS BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO CLAIMS BY PATIENTS OR CLIENTS WHO ARE HARMED BY THE USE OF THE SOFTWARE, OR SUCH DAMAGES ARE FORESEEABLE, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS. DESPITE THE FOREGOING, THE LICENSOR’S TOTAL LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT, WHETHER IN RESPECT OF A SINGLE OCCURRENCE OR SERIES OF OCCURRENCES, SHALL NOT EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRODUCT PRICE. THE LICENSOR NEITHER ASSUMES NOR AUTHORIZES ANYONE TO ASSUME FOR IT ANY OTHER LIABILITIES.

7. TERMINATION.

This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software and related materials or by returning same to the Licensor by prepaid registered mail. This licence will terminate immediately without notice to you if you fail to comply with any of its terms. Any such termination shall be in addition to and without prejudice to such rights and remedies as may be available to the Licensor, including injunction and other equitable remedies. Upon termination you shall immediately (a) cease using the Software; (b) return to the Licensor, the Software and all written documentation and all magnetic media provided to you (or destroy all copies thereof in your possession); and (c) within five (5) days thereafter, provide the Licensor with a written confirmation that you have complied with the foregoing. The provisions of Sections 2, 3, 4 and 5 herein shall survive termination of this Agreement.

8. DISCLAIMER.

(a) In providing this Software and information contained therein and associated documentation, the Licensor is not rendering medical or other professional services or providing medical or professional advice. The Software program should only be used in association with the services of competent medical/health care professionals who have received proper training in EMDR treatment methods and are qualified to use the Software, and should only be used in strict compliance with EMDR Institute methodology and practice. (b) Every effort is made to keep the information contained in this Software program as current and as accurate as possible. However, the Licensor makes no representation or warranties regarding the accuracy of the information, nor of the outcome or use to which the information in this Software program is put and are not assuming any liability for any claims, losses or damages, reasonably foreseeable or not, arising out of the use of this Software program. The information contained in this Software program is NOT medical advice and shall not be construed as medical advice. The reader should not rely on the Licensor for any professional advice of any type, including but not limited to medical advice.

9. COMPATIBLE THIRD PARTY PRODUCTS.

The Software and material contained in the package may contain references to complimentary third party products which are not under the control of the Licensor and the Licensor is not responsible for the contents contained in any such complimentary product. The Licensor and any such third party are independently owned and operated, and none of which has any financial or other interest in the business or products of the other. Any references provided to third party products are provided for your interest or convenience and do not represent or imply any endorsement by the Licensor of such product.

10. MISCELLANEOUS.

This is the entire agreement between you and the Licensor pertaining to your right to use the Software, and supersedes all prior or collateral oral or written representations or agreements related thereto. In the event that one or more of the provisions is found to be illegal or unenforceable, this Agreement shall not be rendered inoperative but the remaining provisions shall continue in full force and effect. This Agreement shall be governed by the laws of the Province of Ontario, without reference to the conflicts of laws principles thereof.