LICENSE TITLE Astromist ("the Software") is Copyright (c) 2003 2006 by Cyrille Thieullet, All Rights Reserved. Title, ownership rights, and intellectual property rights in the Software shall remain with Cyrille Thieullet. The Software is protected by the copyright laws and treaties of France. TERMS Cyrille Thieullet grants you the right to use this copy of the Software if you agree to the following license terms: You may use the Software without a license key and in Trial or Demo mode for educational or non-commercial purposes only. You may transfer or copy a license key or license key database for the Software only if required in the normal use of one PalmOS handheld unit. You may also make one copy of the Software license key if required for backup purposes. You are required to keep all Astromist license keys confidential. You may not loan, rent, transfer or assign the license key to another user except with (a) the permission of Cyrille Thieullet and (b) as a permanent transfer of the Software and the license key. You may not reverse engineer, decompile, or disassemble the Software. Commercial distribution of the Software is not allowed without the express permission of the copyright holder. Contact Astromist for details about obtaining a license. Usage of the Software is also subject to the following limitations and disclaimers. WARRANTY AND DISCLAIMER The Software is distributed in the hope that it might be useful, but WITHOUT ANY WARRANTY OF ANY KIND; not even the implied warranties of MERCHANTABILITY, fitness for ANY particular purpose, or for non-infringement of any intellectual property rights. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CYRILLE THIEULLET OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL CYRILLE THIEULLET BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT I RECEIVED FROM YOU FOR A LICENSE TO THIS SOFTWARE, EVEN IF CYRILLE THIEULLET SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THIS SOFTWARE INFRINGES UPON ANY OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS, THE LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT THE LICENSOR'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID TO THE LICENSOR AND ITS AUTHORISED DISTRIBUTORS OR (B) REPLACEMENT OF THE SOFTWARE WITH NON-INFRINGING SOFTWARE. LIMITATION OF HIGH RISK ACTIVITIES The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Cyrille Thieullet, Astromist, and its suppliers SPECIFICALLY disclaim ANY express or implied warranty of fitness for High Risk Activities. This license is governed by the laws of Frane and European Community. If, for any reason, a court of competent jurisdiction finds any provision, or portion thereof, of this license to be unenforceable, the remainder of this license shall continue in full force and effect. AGREEMENT If you do not agree to the terms of this LICENSE, you are not authorized to use the Software. Palm, PalmOS are trademarks of Palm Computing. Copyright 2003-2006 Cyrille Thieullet, thieulletc@astromist.com