DEFINITIONS

The iWap (Integrated Web Applications) accompanying software and any updates thereof (collectively, such software and updates shall be referred to as the "Software") is owned by Binary Systems and Solutions and was designed and should only be utilized as a client administration and debiting system.

ACCEPTANCE

By accepting the agreement below, you indicate your acceptance of this Agreement. If you do not agree to be bound by the terms of this Agreement, you may not use the Software, and, unless you received the Software bundled with third party products on a single non-erasable CD or other medium, you must promptly return the unused Software and any accompanying materials, together with your proof of purchase, to the person or entity from whom you obtained the Software if you obtained the Software on media, or delete your copy of the Software if you received it electronically.

LICENSE

Binary Systems and Solutions grants you (an entity or person), subject to the terms and conditions set forth in this Agreement, a non-exclusive, non-transferable license to install the Software and use the Software, including the program binary code and other files. Subject to the terms and conditions of this Agreement, the Software may be installed and used on any computer the client deems fit.

COPYRIGHT

Binary Systems and Solutions and/or Binary Systems and Solutions’ licensors shall retain all right, title and interest, including all intellectual property rights, in and to the Software. You acknowledge that the Software is protected by South African copyright laws and international treaty provisions and agree not to remove any copyright or other proprietary or product identification notices contained thereon. Therefore, you must treat the Software like any other copyrighted material (e.g., a book) except that if the software is not copy protected you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the Product manual(s) or written materials accompanying the Software. You acknowledge and agree that the Software may have been developed by and may include software licensed by third party licensors named in the copyright notice(s) included with the Software, who shall be authorized to hold you responsible for any copyright infringement or violation of this Agreement.

RESTRICTIONS

You may not sub-license, rent or lease the Software. You may not reverse engineer, reverse compile, reduce to human perceivable form, or disassemble the Software. You may not copy or modify the Software or the written documentation except as necessary to execute the Software. The Software may be installed from the copy of the Software that you have been licensed, on additional computers by and for the use of end users who have read and who agree to be bound by the terms of this Agreement, but only if (i) the copy of the Software that you have been licensed is not bundled with separately licensed products on a single medium, and (ii) such installation does not violate the terms of other applicable end user agreements or the intellectual property rights of third parties. The software is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g., hard disk, CD ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of one or more computer(s) to gain access to the software shall not constitute "use" in this case provided that such computer(s) are connected to the server containing the software. You may not transmit the Software over a network, Intranet or Internet.

TERMINATION

This Agreement is effective from the date you receive the Software and remains in force until terminated. You may terminate the license pursuant to this Agreement at any time by destroying all tangible embodiments or copies of the Software in your possession, including all backup copies and all related materials. Your license rights hereunder will automatically terminate without notice if you fail to comply with any provision herein. Upon termination, you must destroy all tangible embodiments or copies of the Software in your possession. The user information contained within the iWap database(s) shall remain the property of the user. It will remain the users responsibility to safely extract all user data prior to the destruction of such software.

EXPORT LAW

This Agreement is expressly subject to any laws, regulations, orders or other restrictions on the export from the Republic of South Africa of the Software or of information about the Software that may be imposed from time to time by the government of the Republic of South Africa. Notwithstanding anything contained in this Agreement to the contrary, you may not export or re-export, directly or indirectly, any Software or information pertaining thereto to any country for which an export license or other governmental approval is required at the time of export or re-export without first obtaining such license or approval.

DISCLAIMER OF WARRANTIES

Binary Systems and Solutions and its licensors disclaim all warranties or conditions, either expressed or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade, with respect to the software. In particular, Binary Systems and Solutions does not warrant that use of the software will be uninterrupted or error-free, or that you will have uninterrupted, error-free or continued access to the software.

LIMITATION OF LIABILITY

In no event will Binary Systems and Solutions, its licensor(s), any partner or employer thereof be liable for any damages, including any lost profits, lost savings or other indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the software even if Binary Systems and Solutions has been advised of the possibility of such damages, in any case, Binary Systems and Solutions’s entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the software.

SPECIFIC PERFORMANCE

Without limiting the rights of each party hereto to pursue all other legal and equitable rights available to such party for the other party's failure to perform its obligations under this Agreement, you acknowledge and agree that the remedy at law for any failure to perform your obligations hereunder or for your breach of the terms of this Agreement may be inadequate and you further agree that Binary Systems and Solutions shall be entitled to seek specific performance, injunctive relief or other equitable remedies in the event of any such failure or breach. The prevailing party in any action or proceeding to enforce or interpret this Agreement is entitled to recover reasonable attorneys fees and disbursements.

GENERAL

You may not use, copy, modify, sub-license, rent, sell, assign or transfer the license granted pursuant to this Agreement, or the Software, except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforce ability; (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. The paragraph headings contained in this Agreement are for the purposes of convenience only and are not intended to define or limit the contents of said paragraphs. Binary Systems and Solutions and you are independent contractors under this Agreement. Binary Systems and Solutions’ failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Binary Systems and Solution of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Binary Systems and Solutions shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Binary Systems and Solutions.