SEAGULL AS STANDARD TERMS AND CONDITIONS OF SALE Important: By accepting a Seagull quotation or ordering Seagull products, you ar e agreeing

to be bound by these terms and conditions of sale. 1. General. 1.1 These terms and conditions of sale may only be altered in writing by an official of Seagull AS, with a 3 month written notice. 1.2 All quotations are made subject to these terms and conditions. 2. License. 2.1 The demonstration, application and system software including any updates thereto (the software) and related documentation are licensed to you by Seagull AS, Horten, Norway. Seagull AS is the licensor under this Standard terms pursu ant to rights granted by Seagull AS, a corporation organized under the laws of N orway, with its head office at Gamleveien 36, 3194 Horten, Norway (hereinafter r eferred to as Seagull ). Seagull does not assume and shall have no obligation of l iability to the license holder under this License Agreement or otherwise. 3. Payment. 3.1 All prices are exclusive of taxes, customs duties and delivery costs unl ess otherwise is agreed to by Seagull AS in writing. 3.2 Standard terms of payment is net per 30 days. 3.3 For delayed payment Seagull AS will charge 1% interest pr. month. 3.4 Payment to be made in Norwegian Kroner (NOK) unless otherwise agreed. 3.5 Seagull AS reserves the right to ask for a bank guarantee or letter of c redit for an amount equal to 6 months subscription fee. 4. Delivery. 4.1 Time of delivery is 6 weeks from receipt of order or signing of contract , provided that all necessary information is made available to Seagull AS. 4.2 If delivery is postponed upon request by the customer, Seagull AS shall have the right to invoice according to the schedule originally agreed upon. 4.3 Freight cost will be charged separately 5. Use of the Seagull subscribed software. 5.1 The Seagull subscribed software must not be copied or duplicated in any way. CUSTOMER may not network, distribute, lease, rent, loan, sell, modify or cr eate derivative works based upon the Software in whole or in part, unless a perm ission is given in writing by Seagull. 5.2 The subscription agreement allows the customer to use each of the Compac t Disks on a single computer and the software may not be transferred to another party. 5.3 The CUSTOMER may transfer the software from one ship or office to anothe r ship or office. In order to maintain a sufficient support, Seagull must be inf ormed about the change in location of the software. 6. Transfer of Risk 6.1 CUSTOMER is responsible for any damage or loss of subscription products, which appear after it is delivered from the premises of Seagull to CUSTOMER, un less covered by warranty or service/support agreement. 7. Guarantees. 7.1 Seagull warrants the disks on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of nine ty (90) days from the date of purchase as evidenced by a copy of the receipt. 7.2 During the applicable warranty period Seagull will repair (or at its opt ion replace) free of charge such disks that prove defective provided they are re turned properly packaged to Seagull s principle office in Norway, all transportati on charges prepaid together with your name, address and telephone number, a desc

ription of the problem and proof of date of purchase. 7.3 All disks replaced under warranty become the property of Seagull. Seagu ll will not have any responsibility to replace a disk, which in the opinion of S eagull has been damaged by accident, abuse or misapplication. 7.4 Any implied conditions or warranties on the diskettes including the impl ied warranties of merchantability and fitness for a particular purpose are limit ed in duration to one hundred and twenty (120) days from the date of delivery. 8 Termination. 8.1 The subscription agreement may be terminated on three 3 months written n otice. 8.2 Seagull will agree to termination when all payments have been made to Se agull AS at the time of termination. Upon termination the CUSTOMER will cease to use the Software, and a authorized person shall confirm in writing on behalf of the customer that the program bearing media is destroyed and that all copies ha ve been deleted on the customers hardware. 9 Governing Law. 9.1 All subscription agreements with Seagull AS shall be governed by and con strued in accordance with the laws of NORWAY. 10 Insolvency. 10.1 Seagull AS shall have the right to cancel the subscription agreement if the customer becomes bankrupt or insolvent or compound with creditors or if acti on is taken to liquidate the customer. 11 Limitation of Liability. 11.1 Under no circumstances including negligence shall Seagull be liable for any incidental, special or consequential damages that result from the use or of inability to use the software or related documentation, even if Seagull or a Sea gull representative has been advised of the possibility of such damages. In no e vent shall Seagull s total liability to you for all damages, losses, and causes of action (whether in contract tort (including negligence) or otherwise) exceed th e amount paid by you for the Software. 12 Force Majeure. 12.1 Should an extraordinary situation arise which is beyond the control of t he parties and which precludes the fulfillment of the obligations under this agreement, and which according to ordinary sales law provisions must be consider ed as force majeure, the obligations of the affected party should be suspended f or the same period. 12.2 In force majeure situations the other party may relinquish the agreement only with the consent of the affected party or if the situation lasts, or is pr esumed to last, for more then 180 days, as from the date when the situation occu rs, and then only with 15 days notice. 13 Acknowledgement. 13.1 The CUSTOMER acknowledge that he have read this standard terms and Limit ed Warranty, understand them, and agree to be bound by their terms and condition s. CUSTOMER also agree that the Limited Warranty are the complete and exclusive statement of agreement between the parties and supersede all proposal or prior a greements, oral or written, and any other communication between the parties rela ting to the subject matter of the License Agreement or the Limited Warranty.