Terms and Conditions of Installing the webHancer Customer 
Companion (the "Software"). 

IMPORTANT NOTICE: 

THIS SOFTWARE RELAYS YOUR WEB SURFING 
PERFORMANCE METRICS TO WEBHANCER CORP. TO 
GENERATE PERFORMANCE REPORTS FOR THIRD 
PARTIES. AS SUCH, YOUR INTERNET CONNECTION 
WILL BE USED PERIODICALLY TO SEND AND RECEIVE 
DATA. 

WE RESPECT OUR CUSTOMERS PRIVACY. THE 
WEBHANCER PRIVACY POLICY (available at: 
http://www.webhancer.com/privacy) FORMS PART 
OF THIS AGREEMENT.  BY AGREEING TO THE TERMS 
OF THIS AGREEMENT, YOU ALSO CONSENT TO THE 
TERMS OF THE WEBHANCER PRIVACY POLICY, 
INCLUDING, WITHOUT LIMITATION, THE 
COLLECTION, USE AND DISCLOSURE OF INFORMATION 
AS SET OUT THEREIN.  IF YOU DO NOT AGREE TO 
THE TERMS OF THE WEBHANCER PRIVACY POLICY, DO 
NOT INSTALL THIS SOFTWARE.

THIS SOFTWARE SUPPORTS WINDOWS 98/2000/ME/XP 
and WINDOWS NT 4.0 Service Pack 4 and higher 
(EXCLUDING WINDOWS TERMINAL SERVER AND 
WINDOWS 2000 WITH TERMINAL SERVICES ENABLED). 

THIS IS A LICENSE, NOT A SALE. THIS END USER 
LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL 
CONTRACT BETWEEN YOU AND WEBHANCER CORP. 
("WEBHANCER") FOR THE CUSTOMER COMPANION 
SOFTWARE (THE "SOFTWARE"). THIS SOFTWARE WILL 
MAKE USE OF YOUR INTERNET CONNECTION. YOU ARE 
SOLELY RESPONSIBLE FOR ANY AND ALL NETWORK 
USAGE COSTS OR ANY OTHER COSTS ASSOCIATED 
WITH YOUR USE OF THE SOFTWARE. BY 
DOWNLOADING, INSTALLING OR USING THE SOFTWARE 
YOU AGREE TO BE BOUND BY THE TERMS AND 
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT 
AGREE WITH THESE TERMS AND 
CONDITIONS, UNINSTALL, AND DO NOT USE THE SOFTWARE. 

WEBHANCER grants to you a non-exclusive, non- transferable 
and restricted license to use the Software on a single 
computer for your internal use, subject to the terms and 
conditions of this Agreement. You may make and distribute 
unlimited copies of the Software, excluding copies for 
commercial distribution, as long as each copy that you 
distribute is distributed subject to this Agreement, and you 
reproduce in full all copyright and other proprietary 
notices pertaining to the Software that appear in the 
Software. 

This Agreement shall remain in effect for as long as you are 
in compliance with its terms and conditions. This Agreement 
shall immediately terminate if you fail to comply with any 
of its provisions. The limitations of liabilities and 
warranties will survive any termination of this Agreement 
and will remain in full force and effect even after 
termination. Should WEBHANCER release any updates, 
upgrades or new versions of the Software or 
supplemental code or supporting materials for the 
Software ("Additional Software Releases"), all such 
Additional Software Releases shall be considered part 
of the Software and subject to the terms and conditions 
of this Agreement and any additional terms and 
conditions that accompany the Additional Software 
Releases. In consideration of the foregoing license 
from WEBHANCER to you, you grant to WEBHANCER the 
perpetual, unrestricted right to record and use your 
web surfing performance metrics, in whole 
or in part, in any form or format, but in no way will the 
Software intentionally collect personally identifiable 
information. 

THE SOFTWARE IS PROVIDED TO YOU "AS IS". YOU 
ARE SOLELY RESPONSIBLE FOR THE ADEQUATE 
PROTECTION AND BACKUP OF THE DATA AND 
EQUIPMENT USED IN CONNECTION WITH THE 
SOFTWARE. WEBHANCER MAKES NO REPRESENTATIONS, 
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, 
WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED 
TO, WARRANTIES OF MERCHANTABLE QUALITY, 
SATISFACTORY QUALITY, MERCHANTABILITY, 
FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT, OR THOSE ARISING BY LAW, 
STATUTE, USAGE OF TRADE, COURSE OF DEALING OR 
OTHERWISE. WEBHANCER DOES NOT WARRANT THAT 
THE OPERATION OF THE SOFTWARE WILL BE 
UNINTERRUPTED OR ERROR FREE. YOU ASSUME THE 
ENTIRE RISK AS TO THE RESULTS AND 
PERFORMANCE OF THE SOFTWARE. 

NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL 
HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON 
OR ENTITY FOR ANY INDIRECT, INCIDENTAL, 
SPECIAL, CONSEQUENTIAL OR ANY DAMAGES 
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, 
LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED 
DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, 
EVEN IF WE HAVE BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES, OR THEY ARE 
FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR 
CLAIMS BY A THIRD PARTY. OUR MAXIMUM 
AGGREGATE LIABILITY TO YOU AND THAT OF OUR 
DEALERS AND SUPPLIERS SHALL NOT EXCEED FORTY 
DOLLARS CANADIAN ($40.00 CDN). THE 
LIMITATIONS IN THIS SECTION SHALL APPLY 
WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT 
IS A BREACH OF A FUNDAMENTAL 
CONDITION OR TERM OR A FUNDAMENTAL BREACH. 
The limited warranty, exclusive remedies and limited 
liability set out herein are fundamental elements of the 
basis of the bargain between you and WEBHANCER. You 
acknowledge and agree that WEBHANCER would not be able to 
provide the Software free of charge without such 
limitations. In jurisdictions which do not allow the 
exclusion or limitation of consequential, incidental or 
special damages, WEBHANCER's liability for such damages 
shall be limited to the maximum extent permitted by 
applicable law. 

The Software, including all copies, and all copyrights and 
all other rights, title and interest subsisting in or 
related to the Software, and all data collected there from, 
shall at all times remain the property of WEBHANCER or its 
licensors. You must reproduce any copyright or other 
proprietary notices on the Software in their entirety in all 
copies of the Software. WEBHANCER and its licensors reserve 
all rights not expressly granted to you. You shall not 
translate, reverse engineer, decompile or disassemble the 
Software or any part of the Software, except to the extent 
this restriction is not permitted by the laws of your 
jurisdiction; or modify or adapt or create derivative works 
based on the Software or any part of the Software or merge 
the Software or any part of the Software with any other 
software program. 

Notice to U.S. Government end users. If this product is 
acquired under the terms of a: GSA contract-Use, 
reproduction or disclosure is subject to the restrictions 
set forth in the applicable ADP Schedule contract; U.S. DoD 
contract- Use, duplication or disclosure by the Government 
is subject to restrictions as set forth in subparagraph (c) 
(1) (ii) of 252.227- 7013; Civilian agency contract- Use, 
reproduction, or disclosure is subject to 52.227-19 (a) 
through (d) and restrictions set forth in the accompanying 
end user agreement. Unpublished-rights reserved under the 
copyright laws of the United States. WebHancer Corp. PO Box 
72018, Kanata, Ontario Canada K2K 2P4. 

This Agreement, together with the webHancer Privacy Policy 
(available at: http://www.webhancer.com/privacy), forms the 
entire agreement between WEBHANCER and you and supercedes 
all other agreements, discussions and negotiations, whether 
oral or written. This Agreement cannot be modified or 
amended except by a written agreement signed by an 
authorized officer of WEBHANCER. This shall be governed by 
the laws of the Province of Ontario, Canada, excluding 
conflicts of law and choice of law principles and the United 
Nations Convention on Contracts for the International Sale 
of Goods, and any legislation implementing such Convention. 
You consent and attorn to the exclusive jurisdiction of 
Ontario courts and waive trial by jury, except to the extent 
a waiver of a jury trial is not permitted by applicable law. 
If any provision of this Agreement is found to be illegal, 
invalid or unenforceable, such provision shall be deemed 
severed and the remainder of the Agreement shall continue in 
full force and effect. You agree to comply with all 
applicable laws including export restrictions as they relate 
to this Agreement and your use of the Software. The parties 
have requested that this Agreement and all documents 
contemplated hereby be drawn up in English. Les parties aux 
prsentes ont exig que cette entente et tous autres 
documents envisags par les prsentes soient rdigs en 
anglais.