BEFORE YOU INSTALL THIS SOFTWARE, READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THIS SOFTWARE.

AirSpell, LLC End-User License Agreement (rev. 10/02)

AIRCLOCK

Summary of Key Terms

You may use this program ONLY on up to the maximum number of handheld computers and related desktop computer(s) covered by the license package you have purchased.

This program is owned by AirSpell, LLC, and is protected by U.S. and international copyright laws. No copying is permitted, except for one (1) back-up copy. No transfer, distribution, modification or translation of this program, electronic or otherwise, is permitted without AirSpell's written permission. VIOLATION OF COPYRIGHT IS A SERIOUS OFFENSE, PUNISHABLE BY MONETARY PENALTIES AND POSSIBLE IMPRISONMENT.

AirSpell, LLC makes no warranties regarding this product, except as to replacement of defective disks (if any) supplied by AirSpell, LLC. All warranties, including merchantability or fitness for a particular purpose are specifically disclaimed.

IMPORTANT - Read the full license terms and conditions below before installing. This License provides you with limited rights to use the software, conditioned upon your continued compliance with these terms and conditions. INSTALLATION OF THIS SOFTWARE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.


END-USER LICENSE

If you have purchased a single license, you may use this program only on a single handheld computer, together with the related computer(s) used by you in conjunction with that handheld computer. This group of related computers may include a desktop computer, a home computer and a laptop computer, but shall not include more than three related computers or any computer for which you are not the primary user. If you have purchased a multiple-license package, you may use this program ONLY on up to the maximum number of handheld computers covered by your license package plus their related desktop computer(s) as described in the preceding sentence. You can verify the size of your license package at any time, after you register with AirSpell, LLC as a user of this program, by contacting AirSpell, LLC at info@airspell.com.

Except for installation and maintenance of this program by you for your own authorized use on up to the maximum number of computers covered by the license package you have purchased, you may not electronically transfer, transmit or provide access to the program from one computer to another over a network, the Internet or any other means, including without limitation making the program, its features or results, available through an application service provider or the like. You may not distribute, sublicense or make available copies of the program or related documentation to others in any form, electronic or otherwise. You may not modify or translate the program or related documentation without the prior written consent of AirSpell, LLC. You may make one (1) copy of the program solely for back-up purposes. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE PROGRAM OR DOCUMENTATION, OR ANY COPY EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE AGREEMENT. This program is owned by AirSpell, LLC, and is protected by U.S. and international copyright laws. VIOLATION OF COPYRIGHT IS A SERIOUS OFFENSE, PUNISHABLE BY MONETARY PENALTIES AND POSSIBLE IMPRISONMENT.

You may not use the program for any unlawful purpose, including infringement of the copyrights or other proprietary rights of others, or in any illegal manner or for creation or distribution of illegal content. You agree to indemnify AirSpell, LLC for any and all claims arising from any violation by you of the terms of this End-User License.


AUTOMATIC COMMUNICATION WITH AIRSPELL, LLC WEB SITE

This software may include technology that periodically, if an internet connection is available, contacts AirSpell, LLC servers with information regarding your installed copy of AirClock and your Palm OS handheld. Data collected includes information regarding AirClock product specifications, registration status, type and model of Palm handheld and desktop operating system. This information is used to notify you of free maintenance upgrades, product entitlements, new version releases and additional personalized services and offers. Any collected data may also be used for general statistical purposes on an anonymous basis. AirSpell, LLC may also match your registration and/or product information to personally identifiable information in order to present you with product notifications, offers and invitations (surveys, beta programs, etc.) tailored to you. Any other use of information is governed and limited by AirSpell’s privacy policy posted at http://www.airspell.com/about/privacy.htm.


EXCLUSION OF WARRANTY

THIS PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH AIRSPELL, LLC SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT AIRSPELL, LLC OR ITS DISTRIBUTORS OR DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

AIRSPELL, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.

If the program has been licensed to you on a diskette or CD, AirSpell, LLC warrants to you, the original licensee, that the disk(s) on which the program is recorded will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of your receipt. The above express warranty is specifically limited to its terms, and the to the extent inconsistent with any disclaimer of warranty contained herein, is not intended to otherwise limit such disclaimer. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

NEITHER AIRSPELL, LLC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PROGRAM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE SUCH PROGRAM, OR DAMAGE OF LOSS CAUSED BY THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIRSPELL'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF AIRSPELL'S OBLIGATIONS IS LIMITED TO A REFUND OF ANY LICENSE FEE YOU ACTUALLY PAID TO AIRSPELL, LLC FOR THIS PROGRAM.


TERM

The End-User License is effective until terminated. You may terminate an End-User License by destroying the program and documentation and all copies thereof. The End-User License is conditioned upon your continued compliance with the Agreement and will terminate automatically and irrevocably if you fail to comply with any term or condition of this Agreement. Trial and evaluation licenses terminate automatically at the end of the trial and evaluation period. Upon any termination you agree to destroy all copies of the program and documentation in your possession or control.


EXPORT LAWS; GOVERNMENT USERS

You agree and certify that neither the software nor any other technical data received from AirSpell, LLC, nor the direct product thereof, will be exported outside the United States (i) into any country (or to a national or resident of any such country) as to which the U.S. has embargoed goods, (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) otherwise in violation of or as prohibited by the laws, rules, regulations or administrative orders of the United States, or any unit, agency or department thereof. By opening or downloading the software, you are agreeing to the foregoing and are representing and warranting that you are not located in, under the control of, or a national or resident of any such country, on any such list or order, or subject to any such prohibition.

Use, duplication or disclosure by the United States Government (or any unit, agency or department thereof), is subject to the following provisions, which, to the extent applicable, are incorporated by reference herein as if set forth in their entirety: (i) FAR 52.227.19(a) through (d); (ii) in the case of the Department of Defense, DFAR 227.7202.1 through 227.7202-4; (iii) in the case of NASA, the NASA Supplement to the FAR at 18-52.227-86(d); and (iv) all other Federal laws and regulations that protect Licensor's rights in privately developed software. Contractor/manufacturer is AirSpell, LLC, 2301 Collins Ave., Suite A309, Miami Beach, FL 33139.


GENERAL

This Agreement shall be governed by the laws of the State of Florida without regard to principles of conflicts of laws and shall inure to the benefit of AirSpell, LLC, its successors and assigns. Any disputes relating hereto shall be adjudicated in the state or federal courts in the State of Florida, and you hereby consent to the exclusive jurisdiction of said courts for any such disputes. If for any reason a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

AirSpell, LLC shall have the right, upon reasonable prior notice and during regular business hours, to audit/inspect any computer network on which this program is installed to monitor compliance with the terms of this Agreement, including but not limited to confirming the number of computers on which the program is used. You are responsible for assuring compliance with the terms of this Agreement by any persons you authorize to use this program, including but not limited to your employees, and for any violations of the terms hereof by any party.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES.