SplitBill (For PocketPC) distribution permissions and end-user license agreement

SplitBill

END USER LICENSE AGREEMENT

LICENSE. You are authorized to use this application for a period of 14 days
for evaluation purposes. If you find that it meets your needs or that you use
it, you are required to purchase a legal license.

DISCLAIMER OF WARRANTY. This software is provided on an "AS IS"
basis, without warranty of any kind, including without limitation the
warranties of merchantability, fitness for a particular purpose and
non-infringement. The entire risk as to the quality and performance of
the Software is borne by you. Should the Software prove defective, you and
not WAGWARE Systems, Inc. assume the entire cost of any service and repair. In
addition, the security mechanisms implemented by WAGWARE Systems, Inc. software have
inherent limitations, and you must determine that the Software sufficiently
meets your requirements. This disclaimer of warranty constitutes an essential
part of the agreement. SOME JURISDICTIONS DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER
MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL
RIGHTS THAT VARY BY JURISDICTION.

TITLE. Title, ownership rights, and intellectual property rights for SplitBill
shall remain in WAGWARE Systems, Inc. The Software is protected by copyright
laws and treaties. Title and related rights in the content accessed through
the Software is the property of the applicable content owner and may be
protected by applicable law. This License gives you no rights to such content.
TERMINATION. The license will terminate automatically if you fail to comply
with the limitations described herein. On termination, you must destroy all
copies of the Software.

USAGE.
Information contained within this application is for the purpose of education
and information ONLY and is not a replacement or substitute for consultations
with your medical practitioner. If you have ANY concerns about your health,
please see your doctor immediately and do not rely solely on information found
here.

EXPORT CONTROLS. None of the Software or underlying information or technology
may be downloaded or otherwise exported or reexported (i) into (or to a
national or resident of) Cuba, Libya, Yugoslavia, North Korea, Iran,
Syria or any other country to which the U.S. has embargoed goods; or (ii)
to anyone on the U.S. Treasury Department`s list of Specially Designated
Nationals or the U.S. Commerce Department`s Table of Denial Orders. By
downloading or using the Software, you are agreeing to the foregoing and you
are representing and warranting that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL WAGWARE Systems, Inc. OR ITS SUPPLIERS OR RESELLERS BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES
OR LOSSES. IN NO EVENT WILL WAGWARE Systems, Inc. BE LIABLE FOR
ANY DAMAGES IN EXCESS OF THE AMOUNT WAGWARE Systems, Inc. RECEIVED
FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF WAGWARE Systems, Inc.
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line control equipment in
hazardous environments requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems, in which the failure
of the Software could lead directly to death, personal injury, or severe physical
or environmental damage ("High Risk Activities"). WAGWARE Systems, Inc. and its suppliers
specifically disclaim any express or implied warranty of fitness for High Risk
Activities.

MISCELLANEOUS. If the copy of the Software you received was accompanied by a
printed or other form of "hard-copy" End User License Agreement whose terms vary
from this Agreement, then the hard-copy End User License Agreement governs your
use of the Software. This Agreement represents the complete agreement concerning
this license and may amended only by a writing executed by both parties. If any
provision of this Agreement is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. This Agreement shall
be governed by the laws of the Commonwealth of Alabama. The application the United
Nations Convention of Contracts for the International Sale of Goods is expressly
excluded.

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