Appendix F: License and Limited Warranty
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Using this software implies acceptance of this
Software License Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND HANDHELD SYSTEMS LTD ("HHS"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.

We are not responsible for anything at all. Nothing. Even if we are held responsible, the limit of our liability is the licensing fees you paid. The full text of our license agreement follows. You should read the terms and conditions carefully. Use of our software and any redistribution implies acceptance in full.

NON-REGISTERED USERS

    1. NON-REGISTERED USERS are granted a limited license to use our software on a 30-day (or limited number of uses) trial basis. Continued use of the software after the initial trial period requires registration. The use of unlicensed copies of our software outside of the initial 30-day (or limited number of uses) trial by any person, business, corporation, government agency or any other entity is strictly prohibited.
    2. The terms applicable to registered users also apply.

REGISTERED USERS

Registered users will be supplied a license key for each product that has been purchased.

    1. GRANT OF LICENSE. HHS, as Licensor, grants to you, the LICENSEE, a nonexclusive right to use one copy of the software program acquired with this license ("SOFTWARE") on a single COMPUTER at a single location so long as you comply with the terms of this License. Each workstation upon which the SOFTWARE is used, whether such workstation is a stand-alone computer, a networked computer or terminal or a terminal on a multi-user computer must have a separately licensed copy of the SOFTWARE.
    2. SITE AND CORPORATE LICENSE GRANT. If you acquired a "SITE LICENSE" or a "CORPORATE LICENSE", HHS grants to you the right to use the number of copies of the SOFTWARE for which you have paid. For single-user computers or workstations attached to a network ("Network Stations"), the quantity of the SOFTWARE in use is considered to be the maximum number of Network Stations on which the SOFTWARE is either loaded in memory or virtual memory or stored on a hard disk or other storage device at any one time. For a multi-user computer, a use is counted for every session of the SOFTWARE running on the computer. If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses for which you have paid, you must have a process in force to assure that the number of concurrent users of the SOFTWARE does not exceed the number of Licenses.
    3. OWNERSHIP OF SOFTWARE. HHS retains the copyright, title and ownership of the SOFTWARE and the written materials regardless of the form or media in or on which the original and other copies may exist. The SOFTWARE is protected by British Copyright Laws, international treaty provisions, and all other applicable national laws. You may make one (1) copy of the SOFTWARE solely for backup purposes. You must reproduce and include the copyright notice on the backup copy.
    4. TERMINATION. This License is effective until terminated. This License will terminate automatically without notice from HHS if you fail to comply with any provision of this License. Upon termination you shall destroy the written materials and all copies of the SOFTWARE, including modified copies, if any.
    5. TRANSFERS. You may physically transfer the SOFTWARE from one of your computers to another provided that the SOFTWARE is used on only one computer at a time. You may not distribute copies of the SOFTWARE or accompanying written materials to others. You may not transfer the SOFTWARE to anyone without the prior written consent of HHS. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the SOFTWARE on a temporary basis.
    6. US GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and any accompanying materials are provided with Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraph (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is HANDHELD SYSTEMS LTD
    7. LIMITED WARRANTY. HHS warrants the media on which the SOFTWARE is furnished to be free of defects in material and workmanship, under normal use, for a period of thirty (30) days following the date of delivery to you. In the event of defects, HHS's sole liability shall be to replace the defective media which has been returned to HHS or the supplier with your dated invoice and is shown to be defective. In the event that HHS is unable to replace defective media, HHS shall refund your money upon termination of this license.
    8. DISCLAIMER OF WARRANTIES. HHS disclaims all other warranties, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose.
    9. HHS shall not be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the product even if HHS has been advised of the possibility of such damages.
    10. Should any other warranties be found to exist, such warranties shall be limited in duration to thirty (30) days following the date of delivery to you. In no event will HHS's liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.

THIS LICENSE SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ENGLAND AND SHALL BENEFIT HHS, ITS SUCCESSORS AND ASSIGNS

HandHeld Systems Ltd