TERMS AND CONDITIONS

ACCEPTANCE OF TERMS AND CONDITIONS

The following terms and conditions of this User Agreement (the “Terms and Conditions”) govern the agreement between you and Intelliwave Technologies Inc. and its subsidiaries and affiliates’ (hereinafter the “Company”, “we” or “us”, as applicable) with respect to your use Company’s websites and Company software downloaded from third party websites. Please read the Terms and Conditions carefully. By using the Company’s websites and Company software downloaded from third party websites, you are agreeing to the Terms and Conditions and are bound by them. If you do not agree with these Terms and Conditions, do not access or use the Company’s websites and Company software downloaded from third party websites. If you have entered into another agreement with us concerning other services or the Software (as defined below) provided by us, then the terms of that agreement is paramount and supersedes these Terms and Conditions in the case of any inconsistency.

CHANGES TO THE TERMS OF USE

We reserve the right, in our sole discretion, to revise these Terms and Conditions by posting updates and revisions at any time. You are responsible for reviewing the Terms and Conditions each time you use the Company’s websites and Company software downloaded from third party websites in order to ensure your compliance with them.

SPECIFIC INFORMATION REGARDING SOFTWARE

Any and all software that we have made available from the Company’s websites or downloaded from third party websites (the “Software”) is the Company or its suppliers/licensors’ copyrighted work. Your use of the Software is governed by the Terms and Conditions on this page which is also provided by us with the Software (the “Software License Agreement”). You are prohibited from installing or downloading any Software that is accompanied by or includes a Software License Agreement unless you agree with the terms and conditions to the Software License Agreement. We have made available the Software solely for use by you according to the Software License Agreement. Any reproduction or redistribution of the Software not in accordance with the Software License Agreement is expressly prohibited.

COPYRIGHT AND INTELLECTUAL PROPERTY

All names, logos, trademarks, photographs, text and material appearing on the Company’s websites and Company software downloaded from third party websites, except as otherwise noted, are the property of the Company or have been licensed to us by the owner(s) of said material. This material is protected by copyrights and/or other intellectual property rights of the Company or its licensors. None of the photographs, text or other copyright protected material used in the Company’s websites and Company software downloaded from third party websites may be used by anyone in any form without the express written consent of the Company, except to the extent permitted under applicable laws. None of the Company’s logos, designs, trademarks or images used anywhere in the Company’s websites and Company software downloaded from third party websites may be used without the express written consent of the Company. Breach of these Terms and Conditions may violate copyright, trademark and other applicable intellectual property laws. If you are found to be in breach, your right to use the Company’s websites and Company software downloaded from third party websites will cease immediately and you must return or destroy any copies of the materials you have made. No right, title or interest in or to the content of the Company’s websites and Company software downloaded from third party websites is transferred to you. All rights are reserved by the Company.

INDEMNIFICATION AND DISCLAIMER OF LIABILITY

ALTHOUGH WE MAKE EVERY ATTEMPT TO ENSURE THAT ONLY ACCURATE AND UP TO DATE INFORMATION IS CONTAINED IN THIS WEBSITE, OTHER COMPANY WEBSITES, COMPANY SOFTWARE OR COMPANY DOWNLOADABLE SOFTWARE APPLICATIONS FROM THIRD PARTY WEBSITES (THE “PRODUCTS”), WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY OF THE INFORMATION PROVIDED IN CONNECTION WITH THE PRODUCTS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NONINFRINGEMENT, THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE PRODUCTS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. ALL MATERIAL PROVIDED IN CONNECTION WITH THE PRODUCTS IS PRESENTED “AS IS” AND BY USING THE PRODUCTS YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS FROM AND AGAINST ANY CLAIM, LOSS, LIABILITY, COST AND ANY EXPENSES (INCLUDING LEGAL EXPENSES) INCURRED IN CONNECTION WITH YOUR ACCESS OR USE OF THE PRODUCTS IN ANY MANNER WHATSOEVER OR BREACH OF THESE TERMS AND CONDITIONS. RELIANCE ON THE INFORMATION PROVIDED HEREIN SHALL BE AT YOUR OWN RISK. THE COMPANY ASSUMES NO LIABILITY FOR ANY DAMAGES, LOSSES, LIABILITY, COSTS OR ANY EXPENSES (INCLUDING LEGAL EXPENSES) WHATSOEVER, WHETHER DIRECTLY OR INDIRECTLY INCURRED, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR USE) RELATED TO THE USE OF THE PRODUCTS OR LINKS TO THIRD PARTY WEBSITES, INCLUDING: ACTIONS OR CHOICES MADE BY RELIANCE ON ANY INFORMATION CONTAINED IN THE PRODUCTS; ANY INACCURACIES, INCONSISTENCIES OR ERRORS CONTAINED IN THE PRODUCTS; LOSS OR DISCLOSURE OF YOUR PERSONAL INFORMATION; COMPUTER VIRUSES OR TRANSMISSION AND OPERATIONAL ISSUES RELATED TO ACCESS TO OR USE THE PRODUCTS; THE UNAUTHORIZED USE OF, OR REPRODUCTION OF, INFORMATION FROM THE PRODUCTS; AND THIRD PARTY INFORMATION, PRODUCTS, SERVICES OR ADVICE ON OR OTHERWISE LINKED TO THE PRODUCTS.

PROHIBITED USES

You may use the Company’s websites and Company software downloaded from third party websites in accordance with these Terms and Conditions and only for lawful use. By using the Company’s websites and Company software downloaded from third party websites, you agree not to use it to: breach or attempt to breach the security of the Company’s websites and Company software downloaded from third party websites or our servers; violate any applicable federal, provincial, municipal or international law; violate the legal rights (including the rights of publicity and privacy) of others; send, knowingly receive, upload, download, use or re-use any material which may Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person, transmit or procure any advertising or promotional material without our prior written consent or give the impression that such material is transmitted on our behalf or endorsed by us, if this is not the case; and use the Company’s websites and Company software downloaded from third party websites in any manner that could disable, damage, or impair the Company’s websites and Company software downloaded from third party websites including the introduction of material that is malicious or technologically harmful.

WAIVER AND SEVERABILITY

No waiver by the Company of any of the Terms and Conditions shall be deemed a further or continuing waiver of said term or condition or a waiver of any other term or condition. Failure of the Company to assert a right or provision under these Terms and Conditions does not constitute a waiver of such right or provision. If any provision of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, the remaining provisions will continue in full force and effect.

LINKS

The Company’s websites and Company software downloaded from third party websites may contain links to connect with other third party websites that are not controlled by or associated with the Company. The Company does not make any representations or warranties concerning the privacy practices or terms of use of third party websites, nor are we responsible for the third party websites and content therein. The inclusion of such link in the Company’s websites and Company software downloaded from third party websites to third party websites does not imply any endorsement by the Company of the third party website, the information on the third party website or of the website’s provider. It is your responsibility to review and adhere to the terms and conditions of all third party websites that you may access via the Company’s websites and Company software downloaded from third party websites. Your use of third party websites is at your own risk.

PRIVACY AND CONFIDENTIALITY

Our Privacy Statement shall apply to your use of this website and can be found here.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed and interpreted by the laws of the Province of Alberta and the laws of Canada applicable therein. Should a dispute arise in relation to use of this website, such dispute shall be attorned to the jurisdiction of the courts of Alberta, provided, however, that we reserve the right to take proceedings in any court of competent jurisdiction.