This License is granted by BorjTek Corporation and includes the following:

1. Your Acceptance of this Agreement
2. General License Agreement Terms and Definitions
3. Trial or Starter Version Addendum to the General License Agreement
4. Academic Edition Addendum to the General License Agreement
5. Pre-release Version Addendum to the General License Agreement

1 - Your Acceptance of this Agreement

IMPORTANT: PLEASE, CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS PRODUCT

BorjTek MAY REVISE AND UPDATE THIS EULA AT ANY TIME WITHOUT NOTICE BY POSTING THE AMENDED EULA. YOUR CONTINUED USE OF THE PRODUCT MEANS THAT YOU ACCEPT AND AGREE TO REVISED EULA. IF YOU DISAGREE WITH EULA (AS AMENDED FROM TIME TO TIME), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.

THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY ACCESSING THE TERMS OF USE THROUGH THE WEBSITE LINK www.borjtek.com/?id=legal

Unless you have a written agreement with BorjTek providing for additional use, the below agreement gives you permission to install and use one (1) copy of this Product on one (1) computer or electronic device at any given time as set out in more detail below. This agreement also imposes certain restrictions on your use of this Product. Unless you have another written agreement directly with BorjTek, or one of its subsidiaries, that expressly supersedes this agreement and controls and alters your use or distribution of the Product, this Product is provided under the following end user license agreement and all applicable addenda ('License') which define what you may do with the Product and contain limitations on warranties and/or remedies. This License does (i) not grant any concurrent right in the software; and (ii) not apply to any software installed on a terminal server. A separate license agreement must be concluded with BorjTek to obtain these rights.

2 - Downloading

IF YOU ARE DOWNLOADING THIS PRODUCT, READ CAREFULLY THE TERMS AND CONDITIONS OF THE LICENSE BEFORE DOWNLOADING THIS PRODUCT. BY DOWNLOADING THIS PRODUCT:

1. you certify that you are not a minor and that you agree to be bound by all of the terms and conditions set out in this License. Downloading and/or using the Product will be an irrevocable acceptance of the terms and conditions of the License;
2. you agree to be responsible for any and all internet service provider fees, telecommunication and other charges that may apply as a result of your download of the Product;
3. you represent and warrant to BorjTek, if you are accepting on behalf of a company or other legal entity, that you have full authority to bind such entity; and
4. all risk of damage to the Product during transmission and download is assumed by you.

IF YOU DO NOT AGREE WITH THE ABOVE, DO NOT DOWNLOAD THIS PRODUCT.

3 - General Terms and Definitions

IMPORTANT: THIS LICENSE, IN ADDITION TO THE LEGITIMATE PROOF OF PURCHASE OF THE PRODUCT, IS EVIDENCE OF YOUR RIGHT TO USE THE PRODUCT. PLEASE PRINT THIS LICENSE AND KEEP IT FOR YOUR RECORDS.

3.1 DEFINITIONS:

1. 'BorjTek' trademark of Borj Software Inc and point to Borj Software Inc Corporation.
2. 'Affiliates' means any corporation, company or other entity that directly or indirectly, is controlled by, or is under common control with, BorjTek Corporation.
3. 'Computer' means a computer or an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions;
4. 'Documentation' means any accompanying printed materials, this License, any other agreement you may have with BorjTek relating to this Product, and 'online' or electronic documentation;
5. 'Permitted Number' means one (1) unless otherwise indicated under a valid license granted by BorjTek or one of its subsidiaries;
6. 'Product' means a computer program, computer software (including its code) objects (including their APIs) as well as any images, photographs, templates, animations, video, audio, music, text and 'applets' incorporated into the software, and where applicable, storage media containing all the above, including any Documentation;
7. 'Use' means to access, install, download, copy or otherwise benefit from using the functionality of the Product in accordance with the Documentation.

3.2 License:

BorjTek provides you with a Product and grants you a non-exclusive license to use the Product in accordance with the terms of this License. Any supplemental software code and supporting materials provided to you as part of support services provided by BorjTek for the Product shall be considered part of the Product and subject to the terms and conditions of this License. The copyright and all other rights to the Product shall remain with BorjTek or its licensors. This License permits you to make limited number of copies of the Product and to the extent you do so, you must reproduce any copyright or other notices marked on the Product on all copies you make. Some third party materials included in the Product may be subject to other terms and conditions which are typically found in the 'Help About' box. To the extent that any third party's intellectual property is incorporated within the Product, you agree that such third party is a third party beneficiary of the terms of this License to the extent of the third party's license to BorjTek.

3.3 YOU MAY:

1. install and use one (1) copy of the Product on a Computer up to the Permitted Number of Computers.
2. install one (1) copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other Computers within an internal network up to the Permitted Number. You must acquire and dedicate a license for each Computer on which the Product is installed or run from the storage device. A single license for the Product may not be shared or used concurrently on different Computers unless you have another agreement with BorjTek permitting you to do so;
3. make one copy of the Product solely for archive or backup purposes;
4. except in the case of Academic/Education/Student and Teacher Edition, OEM Edition and Pre-release Version Products which are non-transferable (see Academic/Education/Student and Teacher Edition Addendum, OEM Edition Addendum and Pre-release Version Addendum below), transfer the Product to someone else only if you assign all of your rights under this License, cease all use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your use of the Product, and ensure that the person to whom you wish to transfer the Product agrees to the terms of this License;
5. if you have purchased this Product as an upgrade to a BorjTek product, you may continue to use your previous product with this Product. If you transfer this Product, you must either transfer the previous product at the same time you transfer the Product or destroy the previous product at the same time you transfer the Product. If the Product you have purchased is an upgrade of a BorjTek product, you now may use that previous product only in accordance with this License;
6. Use only one (1) of the language versions if the Product provides you with a selection of multiple language versions;
7. Install and use only one (1) of the product versions if the Product provides you with a selection of multiple machine bits versions.

3.4 YOU MAY NOT:

1. use the Product or make copies of it other than as permitted in this License;
2. translate, reverse engineer, decompile, or disassemble the Product;
3. rent, lease, assign, sell, sublicense, lend or transfer the Product except as set out in Section 1.3 above;
4. modify the Product or merge all or any part of the Product with another program;
5. redistribute the fonts included with the Product;
6. separate the component parts of the Product for use on more than one (1) Computer;

3.5 Product Updates, New Versions and Third Parties Software:

1. Installation of Updates, Patches, Additional Features or Functions, etc.: You acknowledge that BorjTek may, but is under no obligation to, from time to time provide you with additional features, functions, patches, plug-ins, service packs, updates or other similar files related to this Product. You further acknowledge and accept that BorjTek need not provide you with advance notice of the installation of any such additional features, functions, patches, plug-ins, service packs, updates, or files.
2. Use of Updates, Patches, etc.: Any additional features, functions, patches, plug-ins, service packs, updates or other files you obtain or receive may only be used in conjunction with the BorjTek application software product for which it was designed (the 'Original Application') and is subject to this License including, without limitation, to BorjTek's Limited Warranty, Disclaimer and Limitation of Liability (as set out in Sections 3.8, 3.9 and 3.10) and Eligibility provisions, as applicable. You are granted a non-exclusive license to use such patches, plug-ins, service packs, updates or other files only with the Original Application provided that you still possess a valid license from BorjTek for the Original Application.
3. New Versions: You acknowledge and agree that BorjTek has no obligation to make available to you any subsequent versions of the Product. You also agree that you may have to enter into a renewed version of this License in the event you want to use a new version of the Product. Furthermore, you acknowledge and agree that BorjTek, in its sole discretion, may modify or discontinue or suspend your ability to use any version of the Product, and/or disable any Product you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where you, at BorjTek's discretion, are in breach of this License, creating problems, possibly legal liabilities, acting inconsistently with the letter or spirit of BorjTek's policies, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. BorjTek will not accept any liability in relation to the direct or indirect damages caused by: (i) the release and/or the absence of release of new versions of the Product; and (ii) by the suspension or termination of this License by BorjTek and/or by you.
4. Third Parties: You acknowledge and agree that the Product may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Product falls under the scope of this License. Any and all other third party software or technology that may be distributed together with the Product ('Bundled Third Party Software') will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you have not entered into a contractual relationship with BorjTek regarding such Bundled Third Party Software and you will look solely to the applicable third party and not to BorjTek to enforce any of your rights.

3.6 Intellectual Property Rights:

Except as expressly licensed to you in this License, BorjTek retains all right, title and interest in and to the Product and any copies you are authorized by BorjTek to make. The Product is protected by copyright, including without limitation by Canadian copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this License does not grant you any intellectual property rights in the Product. All rights not expressly granted are reserved by BorjTek.

3.7 Term:

This License shall remain in effect only for so long as you are in compliance with the terms and conditions of this License. This License will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Intellectual Property Rights, Limited Warranty, Disclaimer and Limitation of Liability provisions set out in Sections 3.6, 3.8, 3.9, 3.10, 3.11, 3.12 and 5.2 shall continue in force even after any termination.

3.8 Limited Warranty:

Except as may be otherwise provided in this Agreement or unless the Product is a Trial Version as set forth in Section 3 or a Pre-Release Version as set out in Section 4, BorjTek warrants to the person or entity that first purchases a license to use this Product that this Product will be free from defect in materials and workmanship for ninety (90) days from the date you acquire it. If such a defect occurs, contact BorjTek Customer Service at www.borjtek.com to obtain a RMA Number to return the media and BorjTek will replace it free of charge.

THIS REMEDY IS YOUR EXCLUSIVE REMEDY AND BorjTek's AND ITS SUPPLIERS AND DEALERS ENTIRE LIABILITY FOR BREACH OF THIS WARRANTY OR, WHERE PERMITTED BY APPLICABLE LAW, FOR ANY OTHER CAUSE OF ACTION (INCLUDING NEGLIGENCE) CONCERNING ANY DEFECT IN MATERIALS OR WORKMANSHIP IN RELATION TO THE PRODUCT. THIS LIMITED WARRANTY GIVES YOU CERTAIN LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.

3.9 Disclaimer

EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE PRODUCT IS PROVIDED ON AN 'AS IS' BASIS, WITHOUT ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BorjTek AND ITS SUPPLIERS AND DEALERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. WHERE ANY NON-EXCLUDABLE TERMS ARE IMPLIED INTO THIS LICENSE BY OPERATION OF LAW, TO THE EXTENT PERMISSIBLE BY LAW, BorjTek LIMITS ITS LIABILITY TO, AT ITS OPTION, THE REPAIR OR REPLACEMENT OF THE GOODS, THE RE-SUPPLY OF EQUIVALENT GOODS, OR THE COST THEREOF.

3.10 Limitation of Liability:

SUBJECT TO THE EXPRESS LIMITED WARRANTY ABOVE, IN NO EVENT WILL BorjTek, ITS DEALERS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION WHATSOEVER) OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF A BorjTek REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. BorjTek IS ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. IN THE EVENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT VALID IN YOUR JURISDICTION, BorjTek's MAXIMUM AGGREGATE LIABILITY AND THAT OF BorjTek's DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. 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 FOREGOING EXCLUSIONS AND LIMITATIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. BorjTek IS ACTING ON BEHALF OF ITS DEALERS AND SUPPLIERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND/OR LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY AS PROVIDED IN THIS LICENSE, BUT IN NO OTHER RESPECTS.

3.11 General:

This License is the entire agreement between you and BorjTek, superseding any other agreement or discussions, representations or advertising, oral or written, other than a separate, valid, existing and applicable license agreement entered into between you and BorjTek or any of its subsidiaries (the 'Other License') in which case that Other License governs to the extent of any inconsistency between this License and that Other License. This License may be modified only by a written document signed by an authorized officer of BorjTek. This License shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, and the parties agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec, Canada where permitted by applicable law, unless there is an Other License, in which case the choice of law and jurisdiction specified in that Other License shall prevail. This License specifically excludes (i) that body of law applicable to choice of law, and (ii) the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. Except as expressly set forth herein to the extent permitted by applicable law, this License shall not prejudice the non-excludable, statutory rights of any party dealing as a consumer. You agree that this Agreement and all documents contemplated hereby be drawn up in English.

3.12 Compliance with Licenses:

If you are a business or organization, you agree that upon request from BorjTek or BorjTek's authorized representative, you will within thirty (30) days fully document and certify that use of any and all BorjTek product at the time of the request is in conformity with your valid licenses from BorjTek.

3.13 Activation, Registration, Marketing, Privacy and Data Collection:

1. if this Product requires mandatory activation or registration, your License and ability to use this Product is contingent upon you successfully completing the activation or registration process and providing BorjTek with accurate information as required by such process; and
2. BorjTek may provide you with product and marketing information regarding this Product and other BorjTek, and BorjTek third party marketing partners', products and services while you are Using the Product. Specifically, you acknowledge and agree that BorjTek may monitor your use of the Product, and collect, use, and share with BorjTek's third party marketing partners, data relating to your use of the Product for advertising, marketing and operational purposes, all in accordance with BorjTek's Privacy Policy located at www.borjtek.com/?id=legal. Use of the Product constitutes consent to such monitoring and data collection, and to receipt of in-Product messages from BorjTek and its third party marketing partners. In the event that your Product contains a 'Message Center' and is not a 'Trial', 'Starter', 'OEM' or other special version of the Product, you may elect not to receive any in-Product marketing information through the Message Center by altering your 'Message Preferences' in the Product. Please see BorjTek's Privacy Policy at www.borjtek.com/?id=legal for further information on the Message Center and on BorjTek's collection and use of information. If you fail to activate or register a Product which requires mandatory activation or registration in the amount of time specified in the Product, you will be unable to use this Product and your License to use the Product shall be suspended until such time as you promptly complete the activation and/or registration process. Any attempt to circumvent the activation or registration technology or other mechanism contained within the Product is a violation of this License and shall result in the automatic and immediate termination of your License to use the Product.

4 - Trial or Starter Version addendum to the General License Agreement

1. If this Product is a Trial or Starter Version, your use of the Trial or Starter Version Product is governed by the terms of the General License Agreement as modified by the terms of this Trial or Starter Version Addendum until such time as you purchase a license to the full retail version of the Product. In the event of any conflict between the terms of the General License Agreement and this Trial or Starter Version Addendum, the terms of the Trial or Starter Version Addendum shall govern.

   The Trial Version of the Product will become inoperable after a designated period of time (e.g. 30, 45 or 60 days) or after a specific number of product executions as specified by the Product after installation. After this date or this number of product executions, the License hereunder shall terminate and you will not be able to access any files created with this trial version unless you have licensed a retail version of the product. The Starter Version of the Product will include software code intended to disable functionality of certain premium features of the Product after a designated period of time (e.g. 30, 45 or 60 days) or after a specific number of product executions as specified by the Product after installation. After this date, the License hereunder shall survive for the remaining features in the Product.

   This Trial or Starter Version of the Product allows you to access a limited number of major module(s) included in the retail version of the Product and these are the only module(s) you will be able to install. Extra value components and applications of the retail version of the Product are not licensed to you with this Trial or Starter Version. All references to other applications or extra libraries that may appear in this Trial or Starter Version of the Product are not applicable.

   BorjTek is licensing this Trial or Starter Version of the Product on an 'as is' basis, solely as a demonstration model and it should only be used in a dedicated test environment that does not hold any risk of loss or damage to production data. You are granted a license to use the Trial or Starter Version of the Product only. Such License shall continue for the period specified in the Trial or Starter Version of the Product, after which time your License to use the Trial or Starter Version shall terminate.

   Any attempt to circumvent any expiry date technology/time bomb mechanism or other mechanism contained within the Product which is intended to limit your ability to use the Product only as a Trial or Starter Version or to a specified period is a violation of this License and shall result in the automatic and immediate termination of your License to use the Product.

2. BorjTek DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND (INCLUDING IN NEGLIGENCE), HOWEVER, WHERE LEGAL LIABILITY CANNOT BE EXCLUDED FOR TRIAL VERSION SOFTWARE, BUT IT MAY BE LIMITED, BorjTek's LIABILITY AND THAT OF ITS SUPPLIERS AND DEALERS SHALL BE LIMITED TO, AT BorjTek's OPTION, THE AMOUNT PAID BY YOU FOR THE PRODUCT, OR THE REPAIR OR REPLACEMENT OF THE GOODS, THE RE-SUPPLY OF EQUIVALENT GOODS, OR THE COSTS THEREOF.

5 - Academic Addendum to the General License Agreement

1. If this Product is identified as an Academic, Education or Student and Teacher Edition, your use of this Product is governed by the terms of the General License Agreement as modified by the terms of this Academic Edition Addendum to the General License Agreement. In the event of any conflict between the terms of the General License Agreement and this Academic Edition Addendum, the terms of this Academic Addendum to the General License Agreement shall govern. You are not entitled to use the Product unless you qualify in your jurisdiction as an Academic End User. Please contact BorjTek Customer Service or check in our web site at http://www.borjtek.com to find out whether you qualify. Notwithstanding anything to the contrary in the General License Agreement, you may not transfer or assign the Product or any copy thereof, or your License to Use the Product to a third party.
2. If this Product is a Student and Teacher Edition, your Use of the Product is governed by the terms of the General License Agreement as modified by the terms of this Student and Teacher Addendum to the General License Agreement. In the event of any conflict between the terms of the General License Agreement and this Student and Teacher Addendum, the terms of this Student and Teacher Addendum to the General License Agreement shall govern.
   1. you may use the Product if you are a member of a household which includes a person who qualifies as an academic end user in your jurisdiction;
   2. you may install and use a copy of this Product on up to three (3) computers in your household;
   3. notwithstanding anything to the contrary in the General License Agreement, you may not use the Product in any way for any commercial purpose or in any commercial enterprise or business whatsoever. The Product may only be used for personal purposes in a non-commercial environment.

6 - Pre-Release Version addendum to the General License Agreement

If this Product is identified as a pre-release or beta version ('Pre-Release Version'), your use of this Product is governed by the terms of the General License Agreement as modified by the terms of this Pre-release Version Addendum to the General License Agreement. In the event of any conflict between the terms of the General License Agreement and this Pre-release Version Addendum, the terms of this Pre-Release Version Addendum to the General License Agreement shall govern. In the event that you are an authorized BorjTek Pre-release or Beta Test Site and have been authorized to test a Pre-release Version product that has not been made publicly available by BorjTek, your use of the Pre-release Version product shall be governed by the terms of the Pre-release or Beta Test Site License Agreement entered into between BorjTek and yourself and the provisions set out below shall not apply to the extent of any conflict or inconsistency with the terms of the Pre-release or Beta Test Site License Agreement.

1. LICENSE GRANT: BorjTek grants to you a non-exclusive license to use the Product for evaluation and trial purposes only for a limited time. This license does not entitle you to hard-copy documentation, support or telephone assistance. While BorjTek intends to distribute a commercial release of the Product, BorjTek reserves the right at any time not to release a commercial release of the Product or, if released, to alter prices, features, licensing terms, or other characteristics of the commercial release.
2. TERMINATION: The License granted under this Pre-release Version Addendum will terminate thirty (30) days following BorjTek's release of a commercial release of the Product. The license will terminate automatically if you fail to comply with the limitations described herein. You must destroy all copies of the Product upon termination.
3. DISCLAIMER OF WARRANTIES: YOU ACKNOWLEDGE THAT THE PRODUCT IS A PRE-RELEASE PRODUCT AND IS PROVIDED ON AN 'AS IS' BASIS AND WITHOUT WARRANTY. THE PRODUCT MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES OR DATA LOSS AND MAY NOT PERFORM ALL FUNCTIONS FOR WHICH IT IS INTENDED OR REPRESENTED AND SHOULD ONLY BE USED IN A DEDICATED TEST ENVIRONMENT THAT DOES NOT HOLD ANY RISK OF LOSS OF OR DAMAGE TO PRODUCTION DATA. THE USE OF THE PRODUCT IS ENTIRELY AT YOUR RISK. BorjTek DISCLAIMS ANY AND ALL WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND (INCLUDING IN NEGLIGENCE). WHERE LEGAL LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, BorjTek's LIABILITY AND THAT OF ITS SUPPLIERS AND DEALERS SHALL BE LIMITED TO, AT BorjTek's OPTION, THE AMOUNT PAID BY YOU FOR THE PRODUCT, OR THE REPAIR OR REPLACEMENT OF THE GOODS OR SERVICES, THE RE-SUPPLY OF EQUIVALENT GOODS OR SERVICES, OR THE COSTS THEREOF. SUBJECT TO ANY NON-EXCLUDABLE TERMS IMPLIED BY OPERATION OF LAW, THIS DISCLAIMER IS IN LIEU OF ALL WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.