BETA SOFTWARE USAGE AGREEMENT AND RELEASE Rev.022508 TO

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							                        BETA SOFTWARE USAGE AGREEMENT AND RELEASE

TO:            PixelPoint, ULC. ("PixelPoint")

AND TO:                                                               ("Distributorr")

RE:                                                                    (“Beta Software”)
               Product Name                           Build No.

IN CONSIDERATION OF PixelPoint granting to
                                             (the "Customer") a royalty-free, personal, non-transferable and non-
exclusive license (the "License") to use the Beta Software upon and subject to the provisions of PixelPoint's
standard End User License Agreement (the "EULA"), and other good and valuable consideration, the receipt
and sufficiency of all of such consideration is hereby acknowledged, the parties hereby agree as follows:

(1)     Customer hereby acknowledges and agrees the Beta Software has not been tested for general release on
a commercial basis and that neither PixelPoint nor Distributor make any representations or warranties regarding
the use, completeness, accuracy or operation of the Beta Software, including but not limited to representations
or warranties of merchantability or fitness for a particular purpose. Each of PixelPoint and Distributor
disclaims any responsibilities for any liability that may arise out of the use or possession of the Beta Software
by Customer or any other party. In no event shall either or both of PixelPoint or Distributor be liable to
Customer or any other person for indirect or consequential damages arising under this Agreement or the use or
possession of the Beta Software. In no event shall PixelPoint's and Distributor's cumulative liability for all
costs, loss or damages of any kind whatsoever arising to of or in any way connected with this Agreement or the
use or possession of the Beta Software or the performance of PixelPoint or Distributor exceed the aggregate
amount paid to PixelPoint and Distributor by Customer hereunder.

(2)     Customer shall have the sole responsibility for adequate protection and backup of its data used in
connection with the evaluation and testing of the Beta Software and Customer shall not claim against either or
both of PixelPoint or Distributor for lost data, rerun time, inaccurate input, work delays or lost profits resulting
from the use of the Beta Software.

(3)     Customer hereby releases and forever discharges each of PixelPoint and Distributor (collectively, the
"Companies"), their respective subsidiaries, predecessors, successors, agents, employees, officers, directors and
assigns (hereinafter collectively referred to as the "Releasees") from any and all actions, causes of action, suits,
proceedings, claims and demands whatsoever and wheresoever at law or at equity, arising out of or in any way
related to the Beta Software.

(4)     The provisions of this Agreement shall supplement, but not replace, the provisions of the EULA as in
effect from time to time. In the event of any conflict between the provisions of the EULA and the provisions of
this Agreement, the provisions of this Agreement shall prevail.




Rev.022508
                       BETA SOFTWARE USAGE AGREEMENT AND RELEASE

(5)    This Agreement shall terminate on the earlier of, a date agreed to in writing by PixelPoint or the
termination of the EULA. The parties hereto also agree that the termination of this Agreement shall also
terminate the EULA in accordance with its provisions.

(6)    The provisions of this Agreement shall enure to the benefit of the each of the Companies, the Releasees
and their respective heirs, executors, administrators, legal personal representatives, successors and permitted
assigns and shall be binding upon the undersigned and its successors and assigns.

(7)    This Agreement may not be assigned by Customer without the prior written consent of PixelPoint. This
Agreement constitutes the entire agreement between the parties hereto and supersedes all prior agreements and
understandings, oral or written, by and between any of the parties hereto with respect to the subject matter
hereof. This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of
Canada applicable therein.


DATED the ______ day of ________________, 20___.



Legal Company Name (“Customer”)


Address


Per: _________________________
Name:
Title:
I have authority to bind the corporation.



                                             PIXELPOINT, ULC.
Distributor


Per: _________________________               Per: _________________________
Name:                                        Name:
Title:                                       Title:
I have authority to bind the corporation.    I have authority to bind the corporation.




Rev.022508

						
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