JotSmart distribution permissions and end-user license agreement

DailyToast(tm) Software License Agreement for JotSmart(tm) Software

IMPORTANT-READ CAREFULLY: This End User License Agreement
("EULA") is a legal agreement between you (either an individual or a
single entity) and DailyToast(tm) Inc. ("The Company"), for The Company
software product(s) identified above, which includes computer software
and associated media and printed materials, and may include "online"
or electronic documentation and support/help information ("SOFTWARE
PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using
the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, promptly return the
unused SOFTWARE PRODUCT to the place from which you obtained it for a
full refund.


The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The SOFTWARE PRODUCT is licensed, not sold.

This EULA grants you the following rights:

Systems Software - You may install and use one copy of the SOFTWARE
PRODUCT on a single computer at a time and only by one user at a time.

Storage/Network Use - You may also store or install a copy of the
SOFTWARE PRODUCT on a storage device, such as a network server, used
only to install or run the SOFTWARE PRODUCT on your other computers over
an internal network; however, you must acquire and dedicate a license
for each separate computer on which the SOFTWARE PRODUCT is installed or
run from the storage device. A license for the SOFTWARE PRODUCT may not
be used concurrently on different computers.

License Pack - If you have acquired this EULA in a The Company
Multi-User License Pack, you may make the number of additional copies
of the computer software portion of the SOFTWARE PRODUCT authorized
on the printed copy of this EULA, and you may use each copy in the
manner specified above.

Limitations on Reverse Engineering, Decompilation, and Disassembly - You
may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, except and only to the extent that such activity is expressly
permitted by applicable law not withstanding this limitation.

Separation of Components - The SOFTWARE PRODUCT is licensed as a single
product. Its component parts may not be separated for use on more than
one computer.

Rental - You may not rent or lease the SOFTWARE PRODUCT, unless specifically
licensed by The Company for such purpose under a separate written agreement.

Software Transfer - You may permanently transfer all of your rights
under this EULA, provided you retain no copies, you transfer all of the
SOFTWARE PRODUCT (including all component parts, the media and printed
materials, any upgrades and this EULA), and the recipient agrees to the
terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer
must include all prior versions of the SOFTWARE PRODUCT.

Termination - Without prejudice to any other rights, The Company may
terminate this EULA if you fail to comply with the terms and conditions
of this EULA. In such event, you must destroy all copies of the
SOFTWARE PRODUCT and all of its component parts.

3. UPGRADES -- If the SOFTWARE PRODUCT is an upgrade from another
product, whether from The Company or another supplier, you may use or
transfer the SOFTWARE PRODUCT only in conjunction with that upgraded
product, unless you destroy the upgraded product. If the SOFTWARE
PRODUCT is an upgrade of The Company product, you now may use that
upgraded product only in accordance with this EULA. If the SOFTWARE
PRODUCT is an upgrade of a component of a package of software programs
that you licensed as a single product, the SOFTWARE PRODUCT may be used
and transferred only as part of that single product package and may not
be separated for use on more than one computer.

4. COPYRIGHT -- All title and copyrights in and to the SOFTWARE
PRODUCT (including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets," incorporated into
the SOFTWARE PRODUCT), the accompanying printed materials, and any
copies of the SOFTWARE PRODUCT, are owned by The Company or its suppliers.
The SOFTWARE PRODUCT is protected by copyright laws and international
treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like
any other copyrighted material except that you may either (a) make one
copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or
(b) install the SOFTWARE PRODUCT on a single computer provided you keep
the original solely for backup or archival purposes. You may not copy
the printed materials accompanying the SOFTWARE PRODUCT.

more than one medium. Regardless of the type or size of medium you
receive, you may use only one medium that is appropriate for your single
computer. You may not use or install the other medium on another
computer. You may not loan, rent, lease, or otherwise transfer the
other medium to another user, except as part of the permanent transfer
(as provided above) of the SOFTWARE PRODUCT.

documentation 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 subparagraphs (c)(1) and (2) of
the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19,
as applicable.

Manufacturer is:
DailyToast(tm), Inc.
11230 Sorrento Valley Rd.
Suite 160
San Diego, CA 92121

If you acquired this product in the United States, this EULA is governed
by the laws of the State of California.

If this product was acquired outside the United States, then local law
may apply.

Should you have any questions concerning this EULA, or if you desire to
contact The Company for any reason, please contact The Company
subsidiary or agent serving your country, or write:

DailyToast, Inc.
11230 Sorrento Valley Rd.
Suite 160
San Diego, CA 92121

Phone: (See website for contact information)
FAX: (See website for contact information)

The Company warrants that (a) the SOFTWARE PRODUCT will perform
substantially in accordance with the accompanying written materials for
a period of ninety (90) days from the date of receipt. Some states and
jurisdictions do not allow limitations on duration of an implied
warranty, so the above limitation may not apply to you. To the extent
allowed by applicable law, implied warranties on the SOFTWARE PRODUCT,
if any, are limited to ninety (90) days.

The Company and its suppliers` entire liability and your exclusive
remedy shall be, at The Company`s option, either (a) return of the price
paid, or (b) repair or replacement of the SOFTWARE PRODUCT that does not
meet The Company`s Limited Warranty and which is returned to The Company
with a copy of your receipt. This Limited Warranty is void if failure
of the SOFTWARE PRODUCT has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE PRODUCT will be warranted for
the remainder of the original warranty period or thirty (30) days,
whichever is longer. Outside the United States, neither these remedies
nor any product support services offered by The Company are available
without proof of purchase from an authorized international source.

To the maximum extent permitted by applicable law, The Company and it`s
suppliers disclaim all other warrantees, either express or implied,
including, but not limited to, implied warrantees of merchantability and
fitness for a particular purpose, with regard to the software product,
and any accompanying hardware. This limited warranty gives you specific
legal rights. You may have others, which vary from state/jurisdiction
to state/jurisdiction.

To the maximum extent permitted by applicable law, in no event shall
The Company or it`s suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, without
limitation, damages for loss of business profits, business interruption,
loss of business information, or any other pecuniary loss) arising out
of the use of or inability to use the software product, even if
The Company has been advised of the possibility of such damages.
Because some states and jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the
above limitation may not apply to you.

Copyright Notice
JotSmart(tm), JotSmart(tm) Software and DailyToast are trademarks
of DailyToast, Inc.

DailyToast(tm) Software Distribution License Agreement for JotSmart(tm) Software

This software may be distributed in it`s free 45-day trialware version
only by an agent, customer or distributor (e.g. shareware software
distribution website) of The Company with Internet or Intranet based
online services, electronic bulletin boards or other electronic
distribution media provided the Software is distributed in it`s
entirety, unmodified and at no cost to the customer.

Agents, End Users or distributors of The Company`s Software are
expressly forbidden to conduct or complete all or parts of the
following tasks without the express written consent of The Company:

(1) Distributed the Software on CD-ROM, disk, or other physical
media with our without a fee.
(2) Alter this software in any way, including but not limited to
changing, modifying or removing any messages or windows.
(3) Decompile, reverse engineer, disassemble or otherwise reduce
this software to a human perceivable form.
(4) Modify, rent or resell for profit this software, or create
derivative works based upon this software.
(5) Publicize or distribute any registration code algorithms,
information, or registration codes used by this software.

The Company expressly does not grant any distribution rights with
this trialware free-version distribution license agreement to end
users, customers, agents, distributors or other company
representatives for paid or site licensed versions of The
Company Software.

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