Red Mercury, LLC

http://www.red-mercury.com

presents

Atom Smash

Copyright (C) 2002 Red Mercury, LLC

Red Mercury, LLC
Electronic End User License Agreement
for Atom Smash

Notice to user:
This is a contract. By installing this software you accept all the
terms and conditions of this agreement.

This Red Mercury, LLC ("Red Mercury") End User License Agreement
accompanies the Atom Smash product ("Software"). The term "Software"
also shall include any upgrades, modified versions or updates of the
Software licensed to you by Red Mercury. Please read this Agreement
carefully. If you do not wish to accept this Agreement, you may not
install the Software on a PalmPilot or compatible device, simulator,
emulator, or otherwise execute the Software or make use of its content.
Usage of this software implies consent to the terms of this Agreement.

1. Use of the Software
You may install the Software on PalmPilot or compatible devices.
You may make and distribute copies of the Software (not including
copies for commercial distribution). Each copy that you distribute
must contain this Agreement and the same copyright and other
proprietary notices pertaining to this Software. You may transmit
copies of the Software between PalmPilot or compatible devices.
You may not distribute modified versions of this Software. You may
offer unmodified versions of this Software for download. You may
not charge a fee for the Software. You may not offer the Software
for download from a page with advertising or other revenue generating
mechanism without written permission from Red Mercury. If you purchase
the Software, you are granted the right to use the Software on one
PalmPilot or compatible device. If you do not purchase the Software,
you may use the software during the Trial Period as enforced by
the original and unmodified Software. You may not use the Software
beyond the Trial Period without purchasing the Software. The Trial
Period will be the shorter of 15 days or the period enforced by the
Software.

2. Copyright. The Software is owned by Red Mercury
and its structure, organization and code are the valuable trade secrets
of Red Mercury. The Software also is protected by United States
Copyright Law and International Treaty provisions. This Agreement
does not grant you any intellectual property rights in the Software.

3. Restrictions. You agree not to modify, adapt, translate, reverse
engineer, decompile, disassemble or otherwise attempt to discover the
source code of the Software.

4. No Warranty. The Software is being delivered to you AS IS and
Red Mercury makes no warranty as to its use or performance. RED MERCURY
DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN
BY USING THE SOFTWARE OR DOCUMENTATION. RED MERCURY MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL
RED MERCURY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR
SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF
A RED MERCURY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or
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, so
the above limitations may not apply to you.

5. Governing Law and General Provisions. The Agreement will be governed
by the laws of the State of Illinois, U.S.A. This Agreement will not
be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly
excluded. If any part of this Agreement is found void and unenforceable,
it will not affect the validity of the balance of the Agreement, which
shall remain valid and enforceable according to its terms. You agree
that the Software will not be transferred or exported into any country
or used in any manner prohibited by the United States Export
Administration Act or any other export laws, restrictions or regulations.
This Agreement shall automatically terminate upon failure by you to
comply with its terms. This Agreement may only be modified in writing
signed by an authorized officer of Red Mercury.

Unpublished-rights reserved under the copyright laws of the United States.
Red Mercury, LLC
Chicago, Illinois
http://www.red-mercury.com