END-USER LICENSE AGREEMENT FOR CONCISE BEAM VERSION 4 (Black Mint Software Inc., August 5, 2002) _________________________________________________________________ IMPORTANT NOTICE: Black Mint Software Inc.("Black Mint") licenses the accompanying software (the "Software") to you only upon the condition that you accept all of the terms contained in this license agreement. Please read the terms carefully before continuing the installation, as pressing the "Yes" button will indicate your assent to them. If you do not agree to these terms, please press the "No" button to exit install, as the Licensor is unwilling to license the Software to you, in which event you should remove the Software from your system. THE SOFTWARE IS TO BE USED SOLELY BY A QUALIFIED LICENSED PROFESSIONAL OR QUALIFIED STRUCTURAL ENGINEER. _________________________________________________________________ What is the Evaluation Version? The Evaluation Version of the Software lets you try it out before buying it. While evaluation versions are copyrighted, and Black Mint retains all rights, Black Mint specifically grants you the right to evaluate and distribute the program as per the Evaluation Version License Grant. After using the Evaluation Version for the defined trial period, you must purchase a license by registering the program or remove the Evaluation Version from your system. 1. EVALUATION VERSION LICENSE GRANT. Black Mint grants you the right to use one copy of the Software on a single terminal connected to a single computer for a period of 30 days from installation of the Software, in exchange for the consideration of your evaluation of the Software for purchase. You may distribute copies of this Evaluation version as packaged by Black Mint Software. You may not network the Software or otherwise use it on more than one computer or computer terminal at the same time. The Evaluation Version may be installed on your system only once without the expressed written consent of Black Mint. The Evaluation Version is not be used for commercial use and printouts are not to be disseminated or included in a design brief. The printouts are to be used in-house only, for the purpose of software evaluation. _________________________________________________________________ What are the Beta Release, Educational, or other Non-Commercial Versions? Certain time-limited versions of the Software will be made available to selected users for beta testing, education or other non-commercial use. While these versions are copyrighted, and Black Mint retains all rights, Black Mint specifically grants you the right to use the program as per the Non-Commercial Version License Grant. After using the Non-Commercial Version for the pre-defined usage period you must remove this version from your system. 2. NON_COMMERCIAL VERSION LICENSE GRANT. Black Mint grants you the right to use one copy of the Software on a single terminal connected to a single computer for a pre- defined usage period. The Non-Commercial Version is not be used for commercial use. _________________________________________________________________ What is the Registered Commercial Version? You may extend your Evaluation Version of the Software to a Registered Commercial Version by registering with Black Mint and purchasing a license. This will allow you to use the Software within the full privileges and limitations of the Registered Commercial Version License Agreement. 3. REGISTERED COMMERCIAL VERSION LICENSE AGREEMENT The Software which accompanies this license is the property of Black Mint, or its licensers and heirs, and is protected by Canadian copyright law and international treaty provisions. While Black Mint continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows: YOU ARE ALLOWED TO: (i) use only one copy of the Software on a single computer; (ii) make one copy of any software media provided by Black Mint for archival purposes, or copy the software onto the hard disk of your computer and retain the original media for archival purposes; (iii) use the Software on a network, provided that you have a license for the Software for each computer that has sufficient privileges to access the Software over that network (the Software may not be specifically designed for network installation - please see the installation documentation); (iv) physically transfer the Software from one of your computers to another provided that you conform to the license conditions. (v) if a single person uses the computer on which the Software is installed at least 80% of the time, then that person may also use the Software on a single home or portable computer. YOU ARE NOT ALLOWED TO: (i) copy or duplicate any written materials which accompany the Software; (ii) sublicense, rent or lease any portion of the Software; (iii) reverse engineer, de-compile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; (iv) provide any person or persons with the license key provided by Black Mint. In other words, the license key is for the party who has effected a proper registration payment to Black Mint and neither the registrant nor any other party may give or otherwise transmit a license key to any other party; or (v) install this software onto any computers that are not the property of the person or entity who legally acquired or registered the Software. _________________________________________________________________ 4. SOFTWARE UPDATES Black Mint reserves the right to revise this software program and make changes from time to time to the content of the software program and any accompanying written materials, including this license agreement. _________________________________________________________________ 5. LIMITED WARRANTY RETURNS OR REFUNDS FOR SOFTWARE LICENSES CANNOT BE GRANTED. Please use the evaluation version of the software to carefully evaluate the software, as well as any and all available product information, before making your purchase.  Black Mint will only replace defective media or lost license keys. BLACK MINT DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR- FREE OR UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. THE SOFTWARE AND RELATED DOCUMENTATION IS LICENSED "AS IS" AND BLACK MINT HEREBY SPECIFICALLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, STATUTORY NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM OR COURSE OF DEALING AND YOU HEREBY EXPRESSLY WAIVES ANY AND ALL SUCH WARRANTIES IN RESPECT THEREOF. _________________________________________________________________ 6. LIMITATION OF LIABILITY This Software has been designed for use by qualified professional engineers. It is the user's responsibility to ensure that the input for the Software is complete and correct, and that the results provided by the Software are interpreted correctly and conform to any design codes, standards and government regulations which may apply. YOU ASSUME THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE. UNDER NO CIRCUMSTANCES SHALL BLACK MINT OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE SOFTWARE OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, LOST GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE OR IMPAIRMENT OF OTHER GOODS, AND WHETHER ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED HEREIN. IN ADDITION, IN NO EVENT SHALL BLACK MINT’S OR ITS LICENSORS TOTAL LIABILITY RELATING TO OR IN CONNECTION WITH THIS LICENSE AGREEMENT OR THE SOFTWARE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONDITION, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE ACTUAL AMOUNT OF THE INITIAL LICENSE FEE PAID TO BLACK MINT FOR THE SOFTWARE GIVING RISE TO THE LIABILITY, NOR SHALL BLACK MINT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. NO ACTION OR CLAIM RELATING TO THIS LICENSE AGREEMENT OR THE SOFTWARE MAY BE INSTITUTED MORE THAN SIX MONTHS AFTER THE EVENT GIVING RISE TO SUCH CLAIM. _________________________________________________________________ 7. TRADEMARKS Concise, Concise Beam, and the Concise Beam logo are registered trademarks of Black Mint Software, Inc. Black Mint Software's logo, is a trademark of Black Mint Software Inc. _________________________________________________________________ 8. TERMINATION This License Agreement and the license granted hereunder is effective in perpetuity unless terminated as provided for herein. Black Mint shall have the right to terminate this License Agreement and the license granted herein immediately without further notice if Licensee fails to comply with any provision of this License Agreement or fails to pay in full the fees for the Software. Black Mint shall have the right to terminate this License Agreement and the license granted herein upon ten (10) days written notice if you i) terminate or suspend business; ii) become subject to any bankruptcy or insolvency proceeding; iii) become insolvent or becomes subject to control by a trustee, receiver or similar authority, or iv) are wound-up or liquidated, voluntarily or otherwise. Upon termination you shall remove all copies of the Software or any part thereof from your computer and destroy the same, and shall destroy all related documentation. _________________________________________________________________ 9. ASSIGNMENT You shall not assign, sublicense or otherwise transfer this License Agreement or its obligations hereunder to anyone, including any parent, subsidiaries, affiliated entities or third parties, or as part of the sale of any portion of its business, or pursuant to any merger, consolidation or reorganization, without Black Mint’s prior written consent. _________________________________________________________________ 10. GOVERNING LAW This License Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of laws, rules and principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. _________________________________________________________________ 11. MISCELLANEOUS If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this License Agreement shall not be affected thereby. No delay or failure by either party to exercise or enforce at any time any right or provision hereof shall be considered a waiver thereof, or of such party’s right thereafter to exercise or enforce each and every right and provision of this License Agreement. This License Agreement supersedes all prior oral and written and all contemporaneous oral negations, commitments and understandings of the parties.