Inletex Easy Remote Control Free – Licensing Agreement

(c) Copyright WEX Computing Solutions Inc., Canada

End User License Agreement (For Inletex Free Applications)

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE “EULA”) BEFORE DOWNLOADING, INSTALLING OR USING THE INLETEX EASY REMOTE CONTROL FREE APPLICATION OR INLTEX EASY MEETING CLASSIC APPLICATION OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY THE “SOFTWARE”). THIS IS A LEGAL AGREEMENT BETWEEN WEX COMPUTING SOLUTIONS INC (“WEX”) AND YOU. THIS EULA IS BETWEEN WEX AND YOU, AND NO OTHER THIRD PARTY OR ITS SUBSIDIARIES ARE A PARTY TO THIS EULA. THIS EULA GOVERNS YOUR ACCESS TO AND USE OF THE SOFTWARE. WEX is willing to license the Software to you only upon the condition that you accept all the terms contained in this EULA. By downloading, installing or using the Software, you acknowledge and agree that you have read and understand this EULA and accept all of its terms. If you agree to this EULA on behalf of another person or legal entity including, without limitation, another business, you represent and warrant that you have the authority to bind that entity to this EULA and your agreement to this EULA will be treated as the agreement of the entity. In that event, “you” and “your” will refer and apply to that entity. If you do not accept this EULA in its entirety, then WEX is unwilling to license the Software to you, you may not access or use the Software and any use of the Software by you will be considered a violation of Intellectual property laws and may subject you to civil and/or criminal penalties. In addition, by accessing and using the Software you acknowledge and agree to the privacy and legal policies contained hereof. WEX reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If WEX materially modifies this EULA it will post the updated EULA or make it available by other reasonable means now known or hereafter developed. WEX will also update the “Last Updated Date” at the end of the page. By continuing to use the Software after WEX has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to cease using the Software.

1. License to Software and Use.

Conditioned upon your compliance with the terms and conditions of this EULA, WEX hereby grants to you a limited, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of the Software on a single computer or device, (whether mobile device or other), solely for your personal or non-profit use, provided that you use the Software on a computer, device (whether mobile device or other) owned or controlled by you. WEX reserves all rights in the Software not expressly granted to you in this EULA.

2. License Restrictions.

Except as expressly specified in this EULA, you may not: (a) modify the Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or (c) use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You agree not to disassemble, decompile or otherwise reverse engineer any components of the Software provided in object code or any other Inletex products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

3. Proprietary Rights.

The Software is licensed, not sold to you. You agree that WEX owns all right, title and interest in and to the Software, including without limitation all intellectual property rights therein. The Software is protected by Canadian, United States (and other countries) copyright and other statutory and common law and international treaties. You will not delete or in any manner alter the copyright and other proprietary rights notices or markings appearing on the Software as delivered to you.

4. Privacy and Legal Rights

If you believe that your legal or privacy rights have been violated while using the Software, WEX encourages you to report such matters to WEX at your earliest convenience (to report, please visit the “Contact Us” section at the Inletex website, at http://inletex.com/). WEX will, at its discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of WEX’s commitment to providing a positive user experience.

5. Representations and Warranties.

You agree to comply with all applicable laws, rules and regulations when using the Software. You will not use the Software to infringe anyone’s copyrights.

6. No Obligation.

WEX is not obligated to maintain or support the Software, or to provide you with updates, fixes, or services related thereto.

7. Disclaimer of Warranty.

You expressly acknowledge and agree that you assume all the responsibility and risk for your use of the Software and the results and performance thereof. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. WEX DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WEX OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. WEX DOES NOT REPRESENT OR WARRANT THAT: (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SOFTWARE AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE SOFTWARE MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND WEX WILL HAVE NO LIABILITY WITH RESPECT THERETO. WEX MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SOFTWARE OR THE THIRD PARTY CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO DELETE AND CEASE USE OF THE SOFTWARE.

8. Limitation of Liability.

IN NO EVENT WILL WEX, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE “WEX GROUP”) AND WEX’S THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SOFTWARE OR ANY THIRD PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE WEX GROUP OR ITS THIRD PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL WEX’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE SOFTWARE.

9. Indemnification.

You agree to indemnify and hold the WEX Group harmless from and against any loss, liability, costs or expenses (including but not limited to reasonable attorneys fees) arising from or incurred as a result of any third party claims, to the extent that such claims relate to or are based on your breach of this EULA or your use of the Software.

10. Term and Termination.

Your license to use the Software under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time, by discontinuing use of all or any of the Software and by destroying all copies of the Software in your possession and control. This EULA and the license granted to you under this EULA terminate automatically if you breach any term of this EULA. Upon termination, you must at WEX’s option either promptly destroy or return to WEX all copies of the Software in your possession or control. Sections 1, 3, 5 through 8, and 11 shall survive the termination of this EULA.

11. Miscellaneous.

(a) This EULA and all the policies referenced herein constitute the entire agreement between WEX and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of WEX. (b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance. (c) This EULA shall be governed by and interpreted under the laws of Canada, without regard to its conflicts of laws provisions. All actions relating to this EULA and the Software shall be brought in the competent court in Canada. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. WEX reserves the right, at our discretion, to update or revise this EULA. (f) Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. (g) You may not assign your rights under this EULA to any party without WEX’s consent. (h) If any provision of this EULA shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions. (i) Nothing in this EULA will be construed as creating a joint venture, partnership, employment or agency relationship between you and WEX, and you do not have any authority to create any obligation or make any representation on WEX’s behalf. (j) If you have any questions about the Software, please visit the our website at http://www.inletex.com.

12. Software Questions, Comments, and Contact Information.

If you have any questions, complaints and/or claims, you may contact WEX at: Inletex, the product of WEX Computing Solutions Inc. PO Box 53013 Winnipeg, MB, R2N 3X9 Canada E-mail: support@inletex.com   Last updated: February, 2012