Stormceptor System - Registration

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You must register prior to using or downloading PCSWMM for Stormceptor.
By registering with Imbrium Systems you agree to the following licensing agreement.
IMPORTANT – READ CAREFULLY. 

To use the Software Product, You must complete the registration
 form below and agree to the following terms and conditions 
 below.  If you submit the form, you are entering into a 
 binding agreement containing all of the terms and conditions 
 below.   We recommend that you print or download a copy of the
 terms and conditions for your records if you accept the 
 agreement. If You do not complete the registration form and
 agree to the following terms and conditions, You must return
 the Software to Us. In this agreement, "We", "Us", and "Our"
 means Stormceptor Canada Inc. and "You" and "Your" means the
 individual or entity. 

RECITALS
We have developed pollution control devices called the 
Stormceptor System.  The Stormceptor System is available in 
different sizes and materials.  We have developed, and are 
entitled to license to others, including You, a software 
product called “Stormceptor Sizing Program Version 4.0.0”, which
includes computer software and may include, related printed or
electronic documentation (the “Software Product”).

The Software Product can help You determine which Stormceptor 
System best suits You.  You wish to use the Software Product, 
and We have agreed to license such use, pursuant to the terms 
of this agreement.


FOR VALUE RECEIVED and good and valuable consideration, the 
parties agree as follows:


– PERMITTED USE Subject to the terms of this agreement, We 
hereby grant to You a personal, revocable, non-transferable 
and non-exclusive licence to use the Software Product and any 
software bundled with the Software Product, solely in 
executable code format and solely for Your own internal 
Business Purpose. In this agreement, “Business Purpose” means
 the purpose of determining which Stormceptor System best 
 suits You. Your right to use the Software Product and any 
 software bundled with the Software Product is limited to those
  rights expressly set out herein. 
  
This Agreement grants a license only under the Software Product
and any software bundled with the Software Product, and not to
or under any other intellectual property of Ours, including 
any patents, trademarks, copyrights, trade secrets or other 
software. 


– RESTRICTIONS ON USE You shall:
Not use the Software Product to evaluate the products of any 
competitor of Ours; 

Not make the Software Product available to any third party in
any manner, including on an application service provider or 
service bureau basis; 

Not copy the Software Product or any software bundled with 
the Software Product except as necessary to read the Software 
Product or such bundled software into the memory of a computer 
solely for the purpose of executing it or to make one copy 
thereof solely for backup purposes. Such copies shall be 
subject to the provisions of this agreement and shall contain 
the same proprietary notices which appear on and in the 
Software Product and any software bundled with the Software 

Not assign this agreement or transfer, lease, export or grant
a sublicence of the Software Product or the licence contained
herein to any third party except as and when authorized to 
do so by Us in writing;

Not alter, reverse engineer, decompile or disassemble the 
Software Product or any software bundled with the Software 
Product;

Not use the Software Product except as authorized herein; and
prevent third parties from using the Software Product in any 
way that would constitute a breach of this agreement including, 
without limitation, such precautions as You would otherwise 
take to protect Your own proprietary software, hardware or 
information. 


– OWNERSHIP

Title to and ownership of all intellectual property rights in 
the Software Product and any software bundled with the Software 
Product, including copies thereof, any other physical media and 
all information generated through the use of the Software 
Product shall remain with Us and our suppliers.


– CONFIDENTIAL INFORMATION

You acknowledge that the Software Product contains information, 
including without limitation methods and formulas, that is 
confidential and proprietary to Us (“Confidential Information”). 
You agree not to disclose any Confidential Information to any 
third party, or to use any Confidential Information for any 
purpose other than the purposes set forth above.


– NO WARRANTY

THE SOFTWARE PRODUCT IS PROVIDED, “AS IS”, WITHOUT WARRANTY, 
REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, IN
 FACT OR IN LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF 
 NONINFRINGEMENT OR THAT THE SOFTWARE PRODUCT IS BUG FREE, THE 
 IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, 
 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE 
 ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF 
 DEALING OR USAGE OF TRADE.


– SOFTWARE PRODUCT MERELY A TOOL

The Software Product is merely intended to be only a tool to 
assist You and is not a substitute for Your decision. You 
acknowledge that We are not providing you with engineering or 
other professional advice by licensing the Software Product, 
and that the results provided by the Software Product do not 
constitute engineering or other professional advice. 
You acknowledge and agree that the Software Product was 
designed for use only for the Stormceptor System. Without 
limiting any other provision of this Agreement, You acknowledge
 that the output provided by the Software Product will not be 
 accurate or useful in connection with any product or system 
 other than the Stormceptor System. 


– DISCLAIMER

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY 
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL 
DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION DAMAGES 
FOR LOST BUSINESS PROFITS, OR LIABILITIES OR INJURIES TO THIRD 
PARTIES, WHETHER FORSEEABLE OR NOT, AND WHETHER IN AN ACTION IN 
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE 
OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH 
DAMAGES.

Some states or other jurisdictions do not allow the exclusion or 
limitation of incidental, consequential or special damages, or 
the exclusion of implied warranties or limitations on how long 
an implied warranty may last. 


– IRREPARABLE HARM
You acknowledge and agree that the breach by You of any of the 
provisions of this agreement would cause serious and irreparable 
harm to Us which could not adequately be compensated for in 
damages and in the event of such breach by You, You hereby 
consent to an injunction being issued against You restraining 
You from any further breach of such provision, but such action 
shall not be construed so as to be in derogation of any other 
remedy which We may have in the event of such a breach.


– TERMINATION
This agreement is effective from the date on which You click 
on the "I ACCEPT" button, until terminated. You may terminate 
this agreement at any time by destroying all copies of the 
Software Product. We may terminate this agreement at any time 
(a) for breach of this Agreement immediately on notice to you, 
or (b) without cause on thirty (30) days' notice to You. Such 
termination by Us shall be in addition to and without prejudice 
to such rights and remedies as may be available to Us, including 
injunction, and other equitable remedies. Upon receipt by You of 
written notice of termination from Us or termination by You, You 
shall immediately: (a) cease using the Software Product; (b) 
return to Us all copies of the Software Product, (or destroy all 
copies thereof in Your possession) and all materials containing 
any portion of the Confidential Information; and (c) within ten 
(10) days thereafter, provide to Us, in such form as is 
satisfactory to Us, a sworn statement confirming that You have 
complied with the foregoing.

The provisions of Sections 3, 4, 5, , 7, 8, 9, 10, 11, 12 and 
13 herein shall survive the termination of this agreement.


– NOTICE
Notices under this agreement shall be deemed given and received:
 (1) in the case of personal delivery, when delivered; (2) in 
 the case of facsimile or electronic means (including e-mail), 
 on the next business day; and (3) in the case of prepaid 
 registered mail, five (5) days after having been sent by mail. 
 All notices to US will be sent to Stormceptor Canada Inc. 
 Attention: President, 12 Madison Avenue, Toronto, Ontario, 
 M5R 2S1. All notices to You will be sent to Your physical or 
 electronic address noted in the registration form above.


– U.S. Government restricted rights
For United States Department of Defense contracts, the Software 
Product is commercial computer software and the United States 
Government shall have only the rights specified in this 
Agreement in accordance with 48 CFR 227.720-3(a). If acquired 
by or on behalf of a civilian agency, the Software Product is 
licensed subject to RESTRICTED RIGHTS, and use, duplication or 
disclosure by the United States Government or any person or 
entity acting on its behalf is subject to restrictions as set 
forth in paragraphs (c)(1) and (2) of the Commercial Computer 
Software-Restricted Rights clause in FAR 48 CFR 52.227-19.


– Export restrictions 
You shall comply with any laws, which may impact Your right to 
export, import or use the Software Product (including without 
limitation United States and Canadian export laws). You shall 
not use the Software Product for any purposes prohibited by 
export laws. You shall be responsible for procuring all required 
permissions for any subsequent export, import or use of the 
Software Product. 


– MISCELLANEOUS
This agreement is the entire agreement between Us and You, 
pertaining to Your right to use the Software Product and 
supersedes all prior or collateral oral or written 
representations or agreements related thereto. 

This agreement shall be governed by the laws of the Province 
of Ontario and the laws of Canada applicable in the Province 
of Ontario. Each of the parties hereto irrevocably submits to 
the non-exclusive jurisdiction of the courts of the Province 
of Ontario. 

Except as otherwise provided herein, no term or provision 
hereof shall be deemed waived and no breach excused unless 
such waiver or consent shall be in writing and signed by 
the party claimed to have waived or consented. Any consent 
by any party to, or waiver of, a breach by the other, whether
 express or implied, shall not constitute consent to, waiver 
 of, or excuse for any other different or subsequent breach. 


Unless otherwise specified, words importing the singular 
include the plural and vice versa and words importing gender 
include all genders.

The division of this agreement into sections, the insertion 
of headings and the provision of a table of contents are for 
convenience of reference only and are not to affect the 
construction or interpretation of this agreement. 

This Agreement shall inure to the benefit of Us and our 
successors and assigns. 

In the event any provision of this Agreement is held to be 
invalid or unenforceable, the remaining provisions of this 
Agreement will remain in full force and effect.


You are hereby notified that Autodesk, Inc. (“Autodesk”), 
111 McInnis Parkway, San Rafael, California 94903 is a third 
party beneficiary to this agreement to the extent that this 
agreement contains provisions which relate to Your use of 
Autodesk’s software which is bundled with the Software Product. 
Such provisions are made expressly for the benefit of 
Autodesk and are enforceable by Autodesk in addition to Us. 


September 02, 2003
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	Yes. Please register me for my free subscription to Drainage, the newsletter of Stormceptor, and other Stormceptor information updates. Stormceptor respects our clients privacy. For details please see our privacy policy.
You may also register via fax, e-mail, or regular mail. Please fill out the form above and fax it to (416) 960 5637 or e-mail response to info@imbriumsystems.com, or mail to:
Imbrium Systems Inc.
2 St. Clair Ave W.
Suite 2100
Toronto, ON M4V 1L5
Phone (416) 960-9900
Fax (416) 960-5637
Toll Free (800) 565-4801
e-mail: info@imbriumsystems.com
Imbrium Systems Corporation
9420 Key West Avenue
Suite 140
Rockville, Maryland 20850
Phone (301) 279-8827
Fax (301) 279-5433
Toll Free (888) 279-8826