LandWare, Inc. Software License Agreement

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE. The software ("Software") provided along with this License, is licensed, not sold, to you by LandWare Incorporated ("LandWare") for use only under the terms of this License, and LandWare reserves any rights not expressly granted to you. You own the media on which the Software is recorded, but LandWare and its licensors retain ownership of the Software itself.

1. License. This limited, non-exclusive License allows you to: (a) Use one copy of the Software on a single handheld computer at a time. To "use" the Software means that the Software is either loaded on the permanent memory or external memory card of a handheld computer. (b) Make one copy of the Software in machine readable form solely for backup purposes. You acknowledge that making additional copies or duplicating the software by any other means including electronic transmission is illegal. You may not copy the printed materials, if any, that accompany the software, or duplicate copies of user documentation.

2. Restrictions. (a) The Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, NETWORK, PROVIDE FREE, OR CREATE DERIVATIVE WORKS OF, OR BASED UPON, THE SOFTWARE OR PART THEREOF. (b) You may not transfer your rights under this License to another party.

3. Termination. This License is effective until terminated. This License will terminate immediately without notice from LandWare or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 5, 6, and 7 will survive any termination.

4. Limitation of Liability and Damages. IN NO EVENT WILL LANDWARE, OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF LANDWARE OR A LANDWARE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LandWare's sole liability to you for any direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $50 or the money paid for the LandWare Software (based on fair market value of the Software) that caused the damages. THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. Consumer Information. As a condition of this License, LandWare may gather end-user registration and hardware and software version information. This information will be used to notify customers and make decisions about support, product and business issues.

6. General. This Agreement sets forth LandWare's entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and LandWare, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Software or any related services. This Agreement does not limit any right that LandWare or its Licensors may have under trade secret, copyright, patent, trademark or other laws. The Representatives of LandWare are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on LandWare, other than in writing signed by an officer of LandWare. Accordingly, any such additional statements are not binding on LandWare and you should not rely upon such statements.

7. Governing Law and U.S. Government Restricted Rights. This License will be construed under the laws of the State of New Jersey, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to becontrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If you are a U S Government user then the Software is provided with "RESTRICTED RIGHTS" as set forth in subparagraphs (c)(l) and( 2) of the Commercial Computer Software Restricted Rights clause at FAR52227-19 o sub paragraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 52 277-7013, as applicable Manufacturer LandWare Incorporated P.O. Box 25, Oradell, NJ.