=================================== END-USER SOFTWARE LICENSE AGREEMENT =================================== 1. PRE-AMBLE: 1.1 This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a business entity, referred to as "USER") and COINSoft Technologies, Inc. ("COINSOFT") for phpCOIN, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("THE SOFTWARE"). 1.2 YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT AGREE, THEN DO NOT INSTALL OR USE THE SOFTWARE. 2. GENERAL: 2.1 COINSOFT provides THE SOFTWARE as part of its operations, and licenses its use by USER. 2.1.1 COINSOFT retains ownership of all rights in THE SOFTWARE and of all proprietary technology embodied therein. 2.1.2 USER is not receiving title to THE SOFTWARE but rather is being granted only a license to use THE SOFTWARE in accordance with the terms and conditions of this EULA. 2.1.3 All rights not specifically granted to USER herein are reserved to COINSOFT. 2.2 THE SOFTWARE may contain or utilize third-party software subject to a seperate license. If the third-party software is included with THE SOFTWARE, the relevant license documentation is provided with such software and USER is bound by the terms of such license as it relates to that portion of THE SOFTWARE. 2.3 Each operational database containing unique data maintained by THE SOFTWARE is an installation ("INSTALLATION"): 2.3.1 If USER has more than one domain or web-site but all of them share a single database, all the domains or web-sites combined are considered to be a single INSTALLATION. 2.3.2 If USER has more than one domain or web-site and they do not share a single database, then each domain or web-site that is not sharing a database is considered to be a seperate INSTALLATION. 2.3.3 A backup copy of a database, no matter how it was made, is not considered as an INSTALLATION. 2.3.4 A load-balanced database runing on two or more servers is considered to be a single INSTALLATION if the content of the database is intended to be identical on each server. 2.4 USER acknowledges that the unauthorized distribution or use of THE SOFTWARE will cause Material Damage to COINSOFT. 2.5 USER assumes responsibility for the selection of software to achieve intended results, and for the installation, use, and results obtained from THE SOFTWARE. 3. WARRANTY: 3.1 COINSOFT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE SOFTWARE AND ANY DOCUMENTATION, INCLUDING ALL WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3.2 COINSOFT TECHNOLOGIES INC.'S LIABILITY FOR DAMAGES TO USER FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, SHALL NOT EXCEED THE TOTAL LICENSE FEE PAID BY USER FOR THE LICENSE TO USE THE SOFTWARE UNDER THIS AGREEMENT. 3.3 COINSOFT TECHNOLOGIES INC. SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, PROFITS OR USE OF EQUIPMENT, OR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. 4. USAGE RIGHTS AND LIMITATIONS: 4.1 Based solely on USER's acceptance in whole of this EULA, the following non-exclusive rights have been granted to USER when using THE SOFTWARE: 4.1.1 Payment of a fee to use THE SOFTWARE is not required. Donations to COINSOFT to help offset development and support costs are appreciated, but not required. 4.1.2 USER may install and run THE SOFTWARE as intended, which is to say, one licensed copy of THE SOFTWARE is to be used for each INSTALLATION. 4.1.3 USER may alter any of the source-code provided for THE SOFTWARE as desired for USER's own use only, and subject to any limitations specified elsewhere in this EULA. 4.1.4 The phpCOIN logo that is visible when THE SOFTWARE is first installed is for display purposes only. USER is expected and encouraged to utilize USER's own logo on all web-sites and in all communications. 4.2 Based solely on USER's acceptance in whole of this EULA, the following restrictions are in effect when using THE SOFTWARE: 4.2.1 USER may not, in any manner, convey to others that the author of THE SOFTWARE is anyone other than Mike Lansberry if THE SOFTWARE is version 1.2.0 or lower, or COINSOFT if THE SOFTWARE is version 1.2.1 or higher. 4.2.1.1 USER may not under any circumstances edit or remove the credit or copyright text in any file. 4.2.1.2 USER may not edit the code to modify or remove the '' html output from THE SOFTWARE. 4.2.1.3 USER may not edit the code to remove the "Powered By phpCOIN" line ("FOOTER LINE") from the final html output, or to make FOOTER LINE difficult for a human to easily see, unless USER is the holder of a valid license to do so purchased from COINSOFT: 4.2.1.3.1 Each license to remove FOOTER LINE is valid for one INSTALLATION only. 4.2.1.3.2 Whether USER has a valid license to remove FOOTER LINE or not, the wording of FOOTER LINE may not be altered. 4.2.2 USER may not use portions of THE SOFTWARE code for the purpose of creating standalone scripts or alternatives to THE SOFTWARE. 4.2.3 USER must leave this EULA with THE SOFTWARE, in the designated location, to permit license verification. 5. DEVELOPERS AND SERVICE PROVIDERS RIGHTS AND LIMITATIONS: 5.1 USER may create additional functionality in the form of modules, themes, translations, etc.: 5.1.1 USER may distribute USER's work in whatever manner and under whatever terms USER sees fit. 5.1.2 USER may obtain compensation for USER's work, if USER wishes. 5.1.3 USER is expected to add his/her contact information to the headers of any files provided by USER. 5.1.4 If USER provides themes for THE SOFTWARE, USER may display USER's own "Theme by" or "Designed by" text and/or link, provided that the text or link specifies that it applies to USER's theme and does not cause confusion about applying to THE SOFTWARE itself. 5.1.5 If USER provides add-on modules for THE SOFTWARE, USER may display USER's own "Created by" or "Copyright" text and/or link, provided that the text or link specifies that it applies to USER's add-on and does not cause confusion about applying to THE SOFTWARE itself. 5.1.6 If USER's provides translation files for THE SOFTWARE, USER may display USER's own "Translation by" text and/or link, provided that the text or link specifies that it applies to USER's translation and does not cause confusion about applying to THE SOFTWARE itself. 5.1.7 There is no requirement to obtain permission from COINSOFT, and no fee payable to COINSOFT, for provision of USER's additional functionality. 5.2 USER may obtain financial compensation for provision of USER's services relating to installation, customization, non-authorized support, or hosting services related to THE SOFTWARE. 5.2.1 If USER creates installation/upgrade functionality for THE SOFTWARE that is alternate to the built-in installation/ upgrade functionality, then USER must ensure that during the installation/upgrade process the contents of this EULA are viewable by the person doing the install or upgrade, and that person has specifically accepted this EULA. 5.2.2 USER may not advertise that USER provides AUTHORIZED support services for THE SOFTWARE unless USER has successfully completed any training program(s) offered by COINSOFT and USER is then-currently recognized by COINSOFT as an "Authorized Support Agent". Pending setup and operation of the "Authorized Support Agent Training Program", COINSOFT may elect to waive training requirements, but USER still may not advertise that USER provides AUTHORIZED support services without the expressed written consent of COINSOFT. 5.2.3 There is no requirement to obtain permission from COINSOFT, and no fee payable to COINSOFT, for provision of these services, but USER's services are subject to all rights and limitations specified in this EULA. 5.3 If USER provides a service or additional module for which USER is receiving compensation, USER must clearly indicate to USER's customer that USER is providing THE SOFTWARE itself without charge. 5.4 USER may NOT redistribute THE SOFTWARE itself, in any form, for a fee or financial compensation of any kind other than as noted in this section, without the expressed written consent of COINSOFT. 6. TRANSFER OF LICENSE: 6.1 USER may not assign or transfer USER's rights or obligations under this EULA, except that USER may assign the EULA to a successor to USER's business that results from a sale of substantially all of USER's assets, merger, or similar transaction, provided that the assignee agrees in writing to be bound by this EULA and provided that USER transfers all copies of THE SOFTWARE and related documentation to the third party or destroys any copies not transferred. 6.2 COINSOFT may assign or novate this EULA freely without notice to USER. 7. TERM: 7.1 This license is effective until terminated. 7.2 USER may terminate this license at any time by destroying THE SOFTWARE along with any copies, modifications and merged portions in any form. 7.3 The license will also terminate if USER fails to comply with any term or condition of this license. USER agrees upon such termination to destroy THE SOFTWARE together with all copies, modifications and merged portions in any form, and further agree that any and all fees paid to CONSOFT in relation to THE SOFTWARE are considered liquidated damages and are non-refundable. 8. ENTIRE AGREEMENT: 8.1 This License is the entire agreement between USER and COINSOFT and supersedes any prior agreement or understanding relating to the subject matter of this license. 9. GOVERNING LAW: 9.1 This license shall be governed by the laws of Nova Scotia, Canada and is subject to the exclusive jurisdiction of Nova Scotia courts. 9.2 COINSOFT reserves the right, but not the obligation, to pursue legal action for violation of the license in any court, in any country whatsoever. 10. RESTRICTED RIGHTS LEGEND: 10.1 Use, duplication, or disclosure by the US Government is subject to restrictions as set forth in subparagraph (c)(I)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-70