These Broadsword ("Web Site Terms and Conditions") govern access to and use of the Broadsword web site ("enpICDAtm Web Site") and proprietary software ("BROADSWORD SOFTWARE") located therein (hereinafter the "Service") by the purchaser of this Service and its authorized users (“Users”). Users seeking access to the BROADSWORD Web Site to use the Service must UNCONDITIONALLY ACCEPT THESE WEB SITE TERMS AND CONDITIONS. THESE WEB SITE TERMS AND CONDITIONS OF USE AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

1. ACCESS TO THE SERVICE AND TERM OF LICENSE BROADSWORD grants to Users during the period of time selected (the "Term"), a non-exclusive and non-transferable right and license to use the Service according to these Web Site Terms and Conditions.

2. USER I.D.'S AND USE OF SERVICE Access to the enpICDAtm Web Site will be controlled through the use of unique user ID's created by the purchaser of the Service for each seat that is purchased ("User IDs"). Users shall be solely responsible for any and all unauthorized, or improper use of the Service and for all activity, calculations or transactions performed using their User ID, including the use of User ID by personnel or agents who are no longer engaged by the purchaser of the Services. In addition, Users agree that they shall not:

i. use the Service illegally, or for any illegal purpose;

ii. sell, assign, sub-license, rent, broadcast or re-transmit the Service, in whole or in part, including without limitation, using the Service in connection with any service bureau activities; or

iii. copy, reverse engineer, de-compile, disassemble, modify, adapt or translate the BROADSWORD Software or the Service, or create a derivative work of, or otherwise attempt to discover any source code of the BROADSWORD Software or communicate the same to any other person or otherwise reduce or attempt to reduce the BROADSWORD Software to human perceivable form.

3. COMPUTER AND INTERNET CONNECTION Users shall be responsible for supplying, at their own expense, all computer and telecommunication or cable equipment required to enable them to access the Services, including an Internet browser equivalent to Internet Explorer (4.0 or above), or Netscape (4.0 to 4.7).

4. THIRD PARTY SOFTWARE Users shall be responsible for downloading off the Internet at their own risk and expense, any and all third party software that may be required form time to time to enable them to access the Service, including Sun Microsystem's Java Runtime Environment and 3D Environment. Users shall be responsible for complying with all terms and conditions and licenses regarding such third party software.

5. RESPONSIBILITY FOR USE AND CONTROL OF DATA Users acknowledge that the Service is intended to facilitate calculations using data provided by Users and that Users, not BROADSWORD, control the input of this data and associated information. BROADSWORD is not responsible for the accuracy, meaning, completeness or legality of any data input into or results calculated using the Service. BROADSWORD agrees to take such reasonable precautions against loss of or damage to Users' data and information as is standard for providers of services of a similar nature to the Service.

6. USE OF DATA Users grant BROADSWORD the right to use any data or information inputted by them for BROADSWORD'S internal business use.

7. TERMINATION This license may be terminated by BROADSWORD immediately without notice if a User fails to comply with any term, condition or provision of these Web Site Terms and Conditions.

8. LIMITED WARRANTIES AND LIABILITIES

a. Limited Warranty: BROADSWORD DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ALL TIMES, but does warrant that it will use all reasonable commercial efforts to resolve (whether by correction or work around), in a timely manner, any defects in the BROADSWORD Software that come to its attention, and that it will use all reasonable commercial efforts to maintain availability of the Service. BROADSWORD DOES NOT WARRANT THAT INTERNET ACCESS TO THE SERVICE WILL BE AVAILABLE AT ALL TIMES, AND ASSUMES NO RESPONSIBILITY FOR USER’S FAILURE TO ACCESS THE SERVICE AS A RESULT OF PROBLEMS WITH USER’S ABILITY TO ACCESS THE INTERNET.

b. "As Is" and "As Available" Use: NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND BROADSWORD SPECIFICALLY DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS OR WARRANTIES NOT SPECIFICALLY SET OUT HEREIN. BROADSWORD SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE SERVICE IS ERROR FREE, THAT IT WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF USERS, OR THE ACCURACY OF THE RESULTS OF THE CALCULATIONS, OR THAT IT CONFORMS TO ANY STATUTE, LAW OR REGULATION OF ANY FEDERAL, PROVINCIAL OR STATE REGULATORY AUTHORITY HAVING JURISDICTION OVER ANY USERS. BROADSWORD SPECIFICALLY DOES NOT WARRANT ANY THIRD PARTY SOFTWARE USED IN CONNECTION WITH THE SERVICE OR SOFTWARE.

c. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BROADSWORD EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY IN EXCESS OF THE AMOUNT PAID FOR THE SERVICE FOR THE CURRENT TERM PRORATED FOR THE NUMBER OF DAYS REMAINING IN THE TERM AFTER THE DATE OF THE LOSS (THE "COMPENSATION AMOUNT"), HOWSOEVER CAUSED, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

d. IN NO EVENT SHALL BROADSWORD BE LIABLE TO USERS FOR ANY LOSS WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFITS OR INVESTMENT OR THE LIKE, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OF OTHER FINANCIAL LOSS OR PERSONAL INJURY, INCIDENTAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED (INCLUDING NEGLIGENCE), RELATING TO USERS' USE OF THE SERVICE INCLUDING UNAUTHORIZED ACCESS AND USE OF USER'S DATA BY ANY PERSON OR PERSONS, THE PERFORMANCE, FAILURE OR INTERRUPTION OF THE SERVICE, EVEN IF THE USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

e. IN THE EVENT ANY EXCLUSION, LIMITATION OR OTHER PROVISION CONTAINED IN THESE TERMS & CONDITIONS OF USE SHALL BE HELD TO BE INVALID FOR ANY REASON AND BROADSWORD BECOMES LIABLE FOR LOSS OR DAMAGE, SUCH LIABILITY IS LIMITED TO THE COMPENSATION AMOUNT AND NO MORE.

9. GENERAL

a. Use of User's Names and Logos: Users agree that BROADSWORD may use User's names and/or logos to identify Users as customers of BROADSWORD on the BROADSWORD Web Site, and as part of a general list of BROADSWORD's customers for use and reference in BROADSWORD corporate, promotional and marketing literature. Additionally, Users agree that BROADSWORD may issue a press release identifying Users as BROADSWORD customers and describing User's intended utilization and the benefits Users expect to receive from use of the Service. The context of any press release will be subject to User's prior approval which will not be unreasonably withheld.

b. Governing Law: These Web Site Terms and Conditions shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein, and the parties do hereby irrevocably submit and attorn to the jurisdiction of the courts of the Province of Alberta for all matters arising out of or in connection with these Web Site Terms and Conditions.

c. Entire Agreement: These Web Site Terms and Conditions constitute the entire agreement between the parties in relation to the subject matter hereof and supercede and replace any and all prior agreements, written or oral, between them regarding same.

d. Assignment: Neither this Agreement nor any of the rights granted herein may be assigned by Users without the prior written consent of BROADSWORD. I have read and understood the Web Site Terms and Conditions