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<br />INTIME SOLUTIONS INC. <br /> <br />the warranties. <br /> <br />6.2 OTHER THAN THE WARRANTIES EXPLICITLY SET OUT IN SECTION 6.\ ABOVE, THE <br />SERVICES ARE SUPPLIED WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF <br />ANY KIND INCLUDING THOSE REGARDING NONINFRINGEMENT OF THIRD PARTY RIGHTS, <br />DURABILITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. <br /> <br />6.3 IF FOR ANY REASON EITHER PARTY BECOMES LIABLE TO THE OTHER FOR DIRECT (or any <br />other) DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (in <br />contract, tort or otherwise) INCURRED IN CONNECTION WITH THIS AGREEMENT, OR THE SERVICES, <br />THEN THE AGGREGATE LIABILITY OF A PARTY FOR ALL DAMAGES, INJURY AND LIABILITY <br />INCURRED BY THE OTHER PARTY IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT <br />(AND ANY AND ALL RECOVERABLE LEGAL COSTS) SHALL BE LIMITED TO THE FEES PAID IN <br />THAT YEAR FOR MAINTENANCE AND SUPPORT SERVICES. <br /> <br />6.4 IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, <br />INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS. <br /> <br />7. Miscellaneous. <br />7. t Except as described below, this Agreement is the only agreement between Customer and InTime pertaining <br />to the provision of the Services and InTi me IS NOT BOUND BY ANY PROVISION OF ANY PURCHASE <br />ORDER, RFP, RFQ, CORRESPONDENCE, OR OTHERWISE UNLESS SPECIFICALLY AGREED TO IN <br />WRITING. <br /> <br />7.2 Governing Law. This Agreement is governed by the laws of the Province of British Columbia, Canada. <br />All disputes arising out of or in connection with this Agreement, shall be referred to and finally resolved by <br />arbitration or mediation under the rules of the British Columbia International Arbitration Centre. The place of <br />arbitration of mediation shall be Vancouver, British Columbia, Canada. <br /> <br />7.3 Force Majeure. Dates or times by which either party is required to perform under this Agreement, <br />excepting the payment of any fees or charges due hereunder, may be postponed to the extent that any party is <br />prevented from meeting them by causes beyond its reasonable control. <br /> <br />7.4 Non-Assignable. This Agreement is not assignable by the Customer, and any attempted or alIeged <br />assignment by Customer is void. <br /> <br />7.5 No Agency. The parties acknowledge that each is an independent contractor and nothing herein constitutes a <br />joint venture or partnership and neither party has the right to bind nor act for the other as agent or in any other <br />capacity. <br /> <br />7.6 Notice. Any notice required by this Agreement or given in connection with it, shall be in writing and shalI <br />be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight <br />delivery services. <br /> <br />If to InTime: If to Customer: <br /> <br />Contracts Administrator <br />InTime Solutions Inc. <br />#700 - 5945 Kathleen A venue <br />Burnaby, B.C. Canada <br />V5H 4L5 <br /> <br />7.7 Headings. The Headings used in this Agreement are provided for convenience only and shalI not be used to <br /> <br />ENTERPRISE SOFTWARE LICENSING AGREEMENT <br />Confidential Document <br /> <br />Page 14 of 16 <br />