BORDERWARE TECHNOLOGIES INC.
WEB SITE TERMS OF USE

LAST UPDATE:

May 26, 2008

1. Acceptance of Terms

These Terms of Use (the “Terms”) apply to all users of the BorderWare Technologies Inc. (“BorderWare”) website, and to all products, services, resources, information, materials and other content available on the site (which we collectively refer to in these Terms as the “Content”).

These Terms incorporate by reference the BorderWare Privacy Policy.

THESE TERMS CONTAIN CERTAIN INDEMNITIES, LIMITATIONS OF LIABILITY AND RESTRICTED WARRANTIES. BY ACCESSING THE WEBSITE, YOU ARE DEEMED BY US TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY AND TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.

2. Ownership and Copyright

All Content on this site, including, without limitation, text, documents, notes, case studies, brochures, graphics, logos, button icons, images, design elements, products, software, text, audio, music, and all other materials originated or used by us at the website, is the property of BorderWare or its content suppliers and protected by Canadian laws and international treaties. The compilation of all Content on this site is the exclusive property of BorderWare and protected by Canadian law and international treaties. Unless specifically authorized, you may not modify, copy, reproduce, publish, upload, post, transmit, distribute, or commercially exploit in any way any Content.

3. Trademarks

The trademarks, logos and trade names (“Marks”) displayed on this website are the property of BorderWare or other third parties. You are not permitted to use such Marks without the prior written consent of BorderWare or such third party which may own the Mark.

4. License and Site Access

BorderWare grants you a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content. This license does NOT include and expressly prohibits: (i) any resale or commercial use of this site or its Content; (ii) any collection or use of any product listings, descriptions, or prices; (iii) any derivative use of this site or its Content; or (iv) any use of data mining, robots, spiders, or similar data gathering and extraction tools. This website (or any portion of this website) may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BorderWare without express prior written consent. Any unauthorized use terminates the permission or license granted by BorderWare.

5. Additional Terms

Your use of certain resources made available on the site or your participation in certain transactions on the site may be subject to additional terms and conditions, which we will make available to you prior to or at the time you access these resources or conduct these transactions.

6. Your Account

In the event you create or are provided with an account in order to utilize certain restricted portions of the site, in consideration of permitting you access to such portions of this site (the “Service”), you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or BorderWare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BorderWare has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

7. Product Descriptions

BorderWare attempts to be as accurate as possible. However, BorderWare does not warrant that product descriptions or Content of this site is accurate, complete, reliable, current, or error-free.

8. Third Party Sites and Products

BorderWare may provide links to various third party web sites solely as a convenience for our users and these Terms DO NOT apply to such sites. These sites are not under BorderWare’s control or direction and BorderWare has not reviewed them. BorderWare does not endorse or sponsor, and is not responsible or liable for, the contents, products or services available at any such linked site or the practices of these web sites (including without limitation, their privacy and data gathering policies and practices). You assume all risk of use thereof.

From time to time BorderWare may offer third party products and services for purchase by users. These products and services are subject to the policies, representations and warranties that those third parties generally provide to their customers with respect to such products and services and BorderWare provides no representations or warranties whatsoever regarding them.

9. Disclaimer of Warranties and Limitation of Liability

THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE RELIED UPON. THE CONTENT IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. THE CONTENT ON THIS WEBSITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED BY BORDERWARE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANITES AS TO UNINTERUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTBILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BORDERWARE, NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF BORDERWARE OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BORDERWARE OR ITS SUPPLIERS BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF BORDERWARE, EEVN IF BORDERWARE OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BORDERWARE OR ITS SUPPLIERS CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS WEBSITE, IN THE YEAR IN WHICH THE CLAIM AROSE.

10. Indemnity

You agree to indemnify and hold BorderWare, and its subsidiaries, affiliates, officers, agents, partners, directors and/or employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising directly or indirectly out of or from your activities in connection with this website or its Content, including, without limitation, your violation of these Terms or your violation of any rights of another.

11. Termination

BorderWare may terminate, without notice, your access and use of the website, with or without cause, in BorderWare’s sole and unfettered discretion, BorderWare may terminate, without notice, your access and use of the website if you have violated these Terms.

12. Changes

BorderWare reserves the right to change these Terms at its sole discretion and without notice. Changes are effective on the date they are posted (which you can determine by looking at the top of this page). BorderWare recommends that you print a copy of these Terms for future reference and revisit these Terms from time to time to ensure you are aware of any changes. Your continued use of the site signifies your acceptance of any changed Terms.

13. Governing Law

BorderWare controls the website (excluding third party linked sites) from its corporate offices within the province of Ontario, Canada. By visiting the website, you agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BorderWare. Choice of law principles and the United Nations Convention for the International Sale of Goods and any legislation implementing such Convention are hereby expressly excluded. You consent and submit to the non-exclusive jurisdiction of Ontario courts and waive trial by jury, except to the extent a waiver of a jury trial is not permitted by applicable law.

BorderWare makes no representation that the website or Content are appropriate or available for use in other locations. Accessing the website or Content from jurisdictions where they are illegal is prohibited. If you choose to access this website from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the website and its Content and your purchase of any products or services. The Content and/or products and services available through the website may be subject to Canadian export controls.

14. Survival

In the event of termination of your access to or use of the website or its Content, the provisions respecting BorderWare’s Disclaimer of Warranties and Limitations of Liability; Governing Law; Ownership and Copyrights; and Trademarks will survive.

15. Severance

If any provision of these Terms will be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms, will not affect the validity and enforceability of any remaining terms and will be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. The section titles are for convenience only. Our failure to enforce these Terms, for whatever reason, will not be construed as a waiver of any right to do so at any time.

16. Basis of Bargain

The limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of the bargain between us. We would not be able to provide the website or its associated products or services on an economic basis without such limitations.

© BorderWare Technologies, Inc., 2007, Ontario, Canada. Internet Communications Made Safe, BorderWare, Intercept, MXtreme, SIPassure, S-Core and related marks are trademarks of Borderware Technologies Inc. Other product and/or company names mentioned are trademarks and/or registered trademarks of their respective holders.