This License Agreement ("License Agreement") is a legal agreement between you (either an individual or a single entity) and Dyband Corporation ("Dyband") for the Dyband software product that may include associated printed materials, and "online" or electronic documentation (collectively the "Product"). By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not install or use the Product. You may return this to your place of purchase for a full refund.

The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed, not sold.

Initially you will be granted a non-exclusive, non-transferable thirty (30) day evaluation license to use the Shaper component of the Product on a single server to manage the bandwidth specifically authorized in your license from Dyband and to use the CMon, Archiver, Miner, and ProfilePush components, which may be installed on multiple workstations, to access and control the Shaper component. At the end of the thirty (30) day period, the Product will cease to operate unless you pay the license fee applicable for a production license for the Product.

If you pay a production license fee for the Product, Dyband grants to you a non-exclusive, non-transferable license to use the Shaper component of the Product on a single server to manage the bandwidth specifically authorized in your license from Dyband and to use the CMon, Archiver, Miner, and ProfilePush components, which may be installed on multiple workstations, to access and control the Shaper component. The Product contains a key that will only permit the use of the Shaper component of the Product on a single server. You may purchase a license to manage additional bandwidth by paying the incremental license fee.

You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

You may not rent, lease, or lend the Product.

This License Agreement shall be governed by the laws of the Province of Ontario.

Disclaimer of Warranty

THIS PRODUCT IS LICENSED ON AN "AS IS" BASIS WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various environments into which Product may be put, THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the Product. Any liability of Dyband and its resellers and distributors will be limited exclusively to product replacement or refund of the license fee. To the maximum extent permitted by applicable law, in no event shall Dyband, its distributors, resellers, or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Product, even if Dyband has been advised of the possibility of such losses or damages.

You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement.

Without prejudice to any other rights, Dyband may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy all copies of the Product.

The Product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Dyband, 215 Stafford Road West, Unit 103, Ottawa, Ontario K2H 9C1.