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INTIME SOLUTIONS INC. the warranties. 6.2 OTHER THAN THE WARRANTIES EXPLICITLY SET OUT IN SECTION 6.1 ABOVE, THE SERVICES ARE SUPPLIED WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND INCLUDING THOSE REGARDING NON INFRINGEMENT OF THIRD PARTY RIGHTS, DURABILITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. 6.3 IF FOR ANY REASON EITHER PARTY BECOMES LIABLE TO THE OTHER FOR DIRECT (or any other) DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (in contract, tort or otherwise) INCURRED IN CONNECTION WITH THIS AGREEMENT, OR THE SERVICES, THEN THE AGGREGATE LIABILITY OF A PARTY FOR ALL DAMAGES, INJURY AND LIABILITY INCURRED BY THE OTHER PARTY IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT (AND ANY AND ALL RECOVERABLE LEGAL COSTS) SHALL BE LIMITED TO THE FEES PAID IN THAT YEAR FOR MAINTENANCE AND SUPPORT SERVICES. 6.4 IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENT AL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS. 7. Miscellaneous. 7.1 Except as described below, this Agreement is the only agreement between Customer and InTime pertaining to the provision of the Services and InTi me IS NOT BOUND BY ANY PROVISION OF ANY PURCHASE ORDER, RFP, RFQ, CORRESPONDENCE, OR OTHERWISE UNLESS SPECIFICALLY AGREED TO IN WRITING. 7.2 Governing Law. This Agreement is governed by the laws of the Province of British Columbia, Canada. All disputes arising out of or in connection with this Agreement, shall be referred to and finally resolved by arbitration or mediation under the rules of the British Columbia International Arbitration Centre. The place of arbitration of mediation shall be Vancouver, British Columbia, Canada. 7.3 Force Majeure. Dates or times by which either party is required to perform under this Agreement, excepting the payment of any fees or charges due hereunder, may be postponed to the extent that any party is prevented from meeting them by causes beyond its reasonable control. 7.4 Non-Assignable. This Agreement is not assignable by the Customer, and any attempted or aJleged assignment by Customer is void. 7.5 No Agency. The parties acknowledge that each is an independent contractor and nothing herein constitutes a joint venture or partnership and neither party has the right to bind nor act for the other as agent or in any other capacity. 7.6 Notice. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services. If to InTime: If to Customer: Contracts Administrator InTime Solutions Inc. #700 - 5945 Kathleen Avenue Burnaby, B.C. Canada V5H 4L5 7.7 Headings. The Headings used in this Agreement are provided for convenience only and shall not be used to ENTERPRISE SOFTWARE LICENSING AGREEMENT Confidential Document Page 14 of 16