MPC OM-20000072 Software License

MPC User Manual Rev 0D 8

Software License

BY OPENING THE SEALED DISK PACKAGE (ENVELOPE), YOU ARE AGREEING TO BE BOUND BY THE TERMS

OF THIS AGREEMENT. IF YOU D O NOT A G REE TO T H E TERM S OF THIS A G REEM ENT, PROMPTLY RETUR N

THE UNOPENED DISK PACKAGE AND THE ACCOMPANYING ITEMS TO NovAtel Inc.

1. License: NovAtel Inc. (“NovAtel”) grants you a non-exclusive license (not a sale) to use one copy of the

enclosed NovAtel software on a single computer, and only with the product whose model number and

serial number ap pear on the envelo pe .

2. Copyright: NovAtel owns, or has the right to sublicense, all copyright, trade secret, patent and other

proprietary rights in the software and the software is protected by national copyright laws, international

treaty provisions and all other applicable national laws. You must treat the software like any other

copyrighted material except that you may either (a) make one copy of the software solely for backup or

archival p ur poses , or ( b) tr an sfer th e sof twa re to a si ngle ha rd dis k provid ed you kee p t he ori gin al so lely

for backup or archival purp oses. You may not copy the product manual or wr it t en materi als acco mpanying

the so ftware.

3. Restrictions: You may not: (1) copy (other than as provided for in paragraph 2), distribute, rent, lease or

sublic ense a l l or an y porti on of the software; (2) m o dify or prepare deriva tive wo rks of th e softw are; (3) use

the software in connection with computer-based services business or publicly display visual output of the

softw are; (4) transmit the so ftware over a ne twork, by telep hone or ele ctronically using any mean s; or (5)

reverse en gineer, decom pile or disa ssemble th e software. You agree to keep con fident ial and use y our best

efforts to prevent an d prote ct the conte nts of the software from unau thori ze d disclosure or us e.

4. Term and Termination: This Agreement is effective until terminated. You may terminate it at any time by

destroying the software, including all computer programs and documentation, and erasing any copies

residing on computer equipment. If you do so, you should inform NovAtel in writing immediately. This

Agreement also will terminate if you do not comply with any of its terms or conditions. Upon such

termi nati on you are ob ligat ed to dest roy th e soft ware an d er ase al l copie s residi ng on com puter equ ipm ent.

NovA tel reserves the ri ght to termin ate this A greement for reason of m i suse o r abuse of thi s software.

5. Warranty : F or 9 0 da ys from th e dat e of ship men t, Nov At el wa rran ts that th e me dia (f or exam ple , dis ke tte)

on which the software is contained will be free from defects in materials and workmanship. This warranty

does not cover damage caused by improper use or neglect. NovAtel does not warrant the contents of the

software or that it will be error free. The software is furnished "AS IS" and without warranty as to the

performance or results you may obtain by using the software. The entire risk as to the results and

performanc e of the software is as sumed by you.

6. For software UPDATES and UPGRADES, and regular customer support, contact the NovAtel GPS Hotline

at 1-800-NOVATEL (U.S. or Canada only), or 403-295-4900, Fax 403-295-4901, e-mail to

support@novatel.ca, webs ite: http://www.novatel.com or write to:

NovAtel Inc.

Customer Service Dept.

1120 - 68 Avenue NE,

Calgary, Alberta, C anada T2E 8S5

7. Discla im er of Warranty and Li mitation of L ia bi li t y:

a.THE WARRANTIES IN THIS AGREE MENT REPL ACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULA R PURPOSE. NovAtel

DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES. IN NO EVENT WILL NovAtel’s LIABILITY OF ANY

KIND INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS,

EVEN IF NovAtel HAS KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.

b.NovAtel will not be liable for any loss or damage caused by delay in furnishing the software or any other performance

under th i s A greement.

c.NovAtel’s enti re liability a nd y ou r exclusive remedies f or our liability of any k in d (in cluding lia bi lity for neg ligence)

for the software covered by thi s A greem ent and all ot her perf ormance or non- perfor m ance by No vAtel under or re la t ed

to this Agre eme nt ar e to t h e rem edi e s sp e cified by th is Ag ree men t.

This Agreement is governed by th e l aw s of the Province of Alber t a, C anada. Each of the parties he reto irr evocabl y

attorns to the jurisdiction of the courts of the Province of Alberta.