O-Anywhere for Pocket PC distribution permissions and end-user license agreement

Abidia End User License Agreement The software that accompanies this license agreement (the "Software") is subject to the terms and conditions set forth below. In this agreement, "You" means the person or company who is licensed to use the Software; "Abidia" means Abidia Corporation. NOTICE: ABIDIA LICENSES THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. BEFORE YOU CLICK ON THE "I AGREE" BUTTON AT THE END OF THIS DOCUMENT, PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN ABIDIA IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH CASE YOU SHOULD, CLICK THE "I DO NOT AGREE" BUTTON, DISCONTINUE USE OF THE SOFTWARE AND REMOVE THE SOFTWARE FROM YOUR SYSTEM. BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. LICENSE GRANT: Abidia hereby grants you a nonexclusive license to: i. use one copy of the Software on a single computer or device; and ii. make one copy of the Software for archival purposes, or copy the software onto the hard disk of your computer and retain the original for archival purposes. TITLE: Abidia remains the owner of all right, title, and interest in the Software and in the documentation that accompanies the Software. RESTRICTIONS: The Software and the documentation that accompanies the Software are protected by the United States copyright laws and international treaties. You must treat the Software and its documentation like any other copyrighted material for example, a book. You may not: i. copy the documentation that accompanies the Software; ii. sublicense, rent or lease any portion of the Software; iii. reverse engineer, decompile, disassemble, or make any attempt to discover the source code of the Software; iv. copy the Software except to make archival or backup copies as provided above; v. modify or adapt the Software or merge it into another program; or vi. place the Software on a server so that it is accessible via a public network such as the Internet. WARRANTY DISCLAIMER: ABIDIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE SOFTWARE FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ABIDIA SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. ABIDIA MAY AUTHENTICATE THIS LICENSE ELECTRONICALLY. AT ITS OPTION, ABIDIA MAY ELECT NOT TO SUPPORT THE SOFTWARE, AND MAY ELECT NOT TO ISSUE UPDATES TO THE SOFTWARE. DISCLAIMER OF DAMAGES: REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL ABIDIA BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ABIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPLIANCE WITH APPLICABLE LAWS: You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. TERMINATION: This license agreement takes effect upon your use of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and its documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and its documentation in your possession. CONFIDENTIALITY: The Software contains trade secrets and proprietary know-how that belongs to Abidia and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS, OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS. GENERAL PROVISIONS: i. This license agreement is governed by the laws of the State of Utah. ii. This written license agreement is the exclusive agreement between you and Abidia concerning the Software and its documentation, and supersedes any prior purchase order, communication, advertising, or representation concerning the Software. iii. This license agreement may only be modified only by a writing signed by you and Abidia. iv. In the event of litigation between you and Abidia concerning the Software or its documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party. Copyright © 2002, 2005 Abidia. All Rights Reserved.

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