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License Agreements

Shareware License and Distribution Agreement

END-USER LICENSE AGREEMENT FOR TOMETA SOFTWARE, INC.

IMPORTANT-READ CAREFULLY:

This Tometa Software, Inc. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Tometa Software, Inc. for the Tometa Software, Inc. product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). 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, do not install or use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

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.

Technologies in LaptopLocate.net are licensed from Absolute Software patent numbers: 6507914 : 6244758 : 6300863

1. GRANT OF LICENSE. This EULA grants you the following rights:

* Installation and Use for 30 days. You may install and use a copy of the SOFTWARE PRODUCT on your personal computer for 30 days, after which if you have not obtained a license from Tometa then you must uninstall the product.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

* 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 notwithstanding 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.

* Software Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.

* Termination. Without prejudice to any other rights, Tometa 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. 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 Tometa or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. All rights not expressly granted herein are reserved by Creation.

4. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and 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 Tometa Software, Inc./PO Box 30662/Spokane, WA 99223-3006.

5. DISTRIBUTION. You may distribute the setup executable electronically for download, on optical media, magnetic media, or any other form of distribution as long as it complies with the rest of this license agreement.

MISCELLANEOUS

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

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 Tometa for any reason, please write: Tometa Sales Information Center/PO Box 30662/Spokane, WA 99223-3006.

LIMITED WARRANTY

NO WARRANTIES. Tometa expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

NO LIABILITY FOR DAMAGES. In no event shall Tometa or its suppliers be liable for any 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 this Tometa product, even if Tometa has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Registered License Agreement

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IMPORTANT: Read this before using any commercial software available from Tometa Software, Inc.

This document (“License”) is a legal agreement between you (an individual or business) and Tometa Software, Inc. (“Tometa”). Use of the enclosed or downloaded software indicates your acceptance of these terms. As used in this License Agreement, the term “SOFTWARE” means the software included on the CD, via download or disk media provided with this License Agreement. The term “SOFTWARE” does not include any software that is covered by a separate license offered or granted by a person other than Tometa Software, Inc. and this License does not grant any rights in such software.

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE. The SOFTWARE is licensed, not sold.

Technologies in LaptopLocate.net are licensed from Absolute Software patent numbers: 6507914 : 6244758 : 6300863

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EITHER DESTROY OR RETURN, INTACT, THE SOFTWARE PACKAGE, CONTAINING THE CD OR DISK MEDIA, TOGETHER WITH THE OTHER COMPONENTS OF THE PRODUCT TO THE PLACE OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE.

1. PROPRIETARY RIGHTS. The SOFTWARE and any associated documentation are proprietary products of Tometa Software or its licensors. And are protected under U.S. and European copyright, trademark, patent and trade secret laws and international treaty provisions. Sole ownership of the SOFTWARE and all copies, modifications, translations, and merged portions thereof shall at all times remain with Tometa Software or its licensors.

2. GRANT OF LICENSE AND TERM. The SOFTWARE and accompanying documentation are being licensed to you, which means you have the right to use the SOFTWARE only in accordance with this license agreement. The SOFTWARE is considered in use on a computer when it is loaded into temporary memory or installed into permanent memory. This license may not be assigned or otherwise transferred without prior written consent from Tometa, and any unauthorized transfer is null and void.

a. LICENSING

i. PERSONAL LICENSE AND COMPUTER-SPECIFIC LICENSE. You the End User are authorized to use the software on NO MORE THAN the number of computers for which you have purchased licenses. All copies of the SOFTWARE must include the Tometa copyright, confidentiality, trademark and patent notices. This License is personal to you. You may not sublicense, lease, sell or otherwise transfer the Software or any of the accompanying documentation to any other person. You may use the Software only for your own personal use if you are an individual, or for your own internal business purposes if you are a business. Each permitted copy of the SOFTWARE may be used only in connection with a hard drive(s) that is (are) permanently connected to ONE specific computer (either a stand-alone computer or a computer connected to a network) owned or leased by you. If the SOFTWARE is made available on a network, only ONE specific computer may access it. Once the SOFTWARE has been accessed, by ONE specific computer, it may not be used on any additional computers without purchasing additional licenses.

ii.SITE LICENSE. You the End User are authorized to use the software on an UNLIMITED number of computers that reside at a single postal address, college/government campus or location (“LOCATION”). All copies of the SOFTWARE must include the Tometa copyright, confidentiality, trademark and patent notices. This License is personal to you. You may not sublicense, lease, sell or otherwise transfer the Software or any of the accompanying documentation to any other person. You may use the Software only for your own personal use if you are an individual, or for your own internal business purposes if you are a business. Each permitted copy of the SOFTWARE may be used only in connection with a hard drive(s) that is (are) permanently connected to ONE specific computer (either a stand-alone computer or a computer connected to a network) owned or leased by you at a single LOCATION. Once the SOFTWARE has been accessed, by ONE specific computer, at a specific LOCATION, it may not be used at additional LOCATIONS without purchasing additional licenses.

iii.SATELLITE LICENSE. You the End User are authorized to use the software on an UNLIMITED number of computers that reside at a single postal address, college/government campus or location, provided that you already own and posses legally a valid Site License. All copies of the SOFTWARE must include the Tometa copyright, confidentiality, trademark and patent notices. This License is personal to you. You may not sublicense, lease, sell or otherwise transfer the Software or any of the accompanying documentation to any other person. You may use the Software only for your own personal use if you are an individual, or for your own internal business purposes if you are a business. Each permitted copy of the SOFTWARE may be used only in connection with a hard drive(s) that is (are) permanently connected to ONE specific computer (either a stand-alone computer or a computer connected to a network) owned or leased by you at a single LOCATION. Once the SOFTWARE has been accessed, by ONE specific computer, at a specific LOCATION, it may not be used at additional LOCATIONS without purchasing additional licenses. This license is valid only while you own and posses legally a valid Site License.

iv.TECHNICAL LICENSE. You the End User are authorized to use the software on an UNLIMITED number of computers that are for resale or repair; and computers which will not be in the possession of the END USER for more than a period of 60 days. All copies of the SOFTWARE must include the Tometa copyright, confidentiality, trademark and patent notices and must be removed from the computer and hard drive before is release to the customer. This License is personal to you. You may not sublicense, lease, sell or otherwise transfer the Software or any of the accompanying documentation to any other person. You may NOT use the Software for your own personal, or for your own internal business purposes if you are a business. Each permitted copy of the SOFTWARE may be used only in connection with a hard drive(s) that is (are) permanently connected to ONE specific computer (either a stand-alone computer or a computer connected to a network) owned or leased by you at a single LOCATION. Once the SOFTWARE has been accessed, by ONE specific computer, at a specific LOCATION, it may not be used at additional LOCATIONS without purchasing additional licenses.

b. SERVER USE. To the extent that the applicable product invoicing or packaging sets forth, you may use the SOFTWARE on a Client Device or as a server (“Server”) within a multi-user or networked environment (“Server Use”) for either (i) connecting, directly or indirectly, to not more than the maximum number of specified Client Devices, or (ii) deploying not more than the maximum number of agents (pollers) specified for deployment. If the applicable product invoicing or packaging does not specify a maximum number of Client Devices, or pollers, this is a single product use license subject to subsection (a) above. A separate license is required for each Client Device or “seat” that may connect the SOFTWARE at any time, regardless of whether such licensed Client Devices or seats are connected to the SOFTWARE concurrently, or are actually using the SOFTWARE at any particular time. Your use of software or hardware that reduces the number of Client Devices or seats that connect to and use the SOFTWARE directly or simultaneously (e.g., “multiplexing” or “pooling” software or hardware) does not reduce the number of licenses required. Specifically, you must have that number of licenses that would equal the number of distinct inputs to the multiplexing or pooling software or hardware “front end”). If the number of Client Devices or seats that can connect to the SOFTWARE can exceed the number of licenses you have obtained, then you must have a reasonable mechanism in place to ensure that your use of the SOFTWARE does not exceed the use limits specified for the license you have obtained. This license authorizes you to make or download one copy of the Documentation for each Client Device or seat that is licensed, provided that each such copy contains all the proprietary notices for the Documentation.

c. VOLUME USE. If the SOFTWARE is licensed with volume use terms specified in the applicable product invoicing or packaging, you may make, use and install as many additional copies of the SOFTWARE on the number of Client Devices as the volume use terms authorize. You must have a reasonable mechanism in place to ensure that the number of Client Devices on which the SOFTWARE has been installed does not exceed the number of licenses you have obtained. This license authorizes you to make or download one copy of the Documentation for each additional copy authorized by the volume license, provided that each such copy contains all of the proprietary notices for the Documentation.

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

e. TERM. (i) This License is effective form the date of purchase of the License and shall remain in force until terminated. The End User may terminate this License at any time by destroying the SOFTWARE and its associated documentation, together with all copies of any form. (ii) Notwithstanding subparagraph d(i) above, this License may be terminated at any time by written notice of termination given by Tometa to the End User in any of the following circumstances: (A) If the End User shall expressly or impliedly repudiate this License by refusing or threatening to refuse to observe any of the conditions to which this License is subject; or (B) If the End User shall fail to make any payment due under and pursuant to this License or to observe any of the conditions to which this License is subject and, after the End User’s attention has been drawn by notice to such failure, shall fail to remedy the matter to Tometa’s reasonable satisfaction within thirty days of the giving of such notice;; or (C) If the End User shall have a receiver or administrative receiver or administrator appointed or shall enter into liquidation whether compulsory or voluntary or it the End User shall be unable to pay its debts as and when they fall due. (iii) On expiry, surrender, or other termination of this License, however such termination may arise, the End User shall cease to load, store, copy or use the Software and the associated documentation, shall delete the SOFTWARE from its computers and shall either surrender the SOFTWARE and the associated documentation, together with all copies in any form, to Tometa or shall destroy the same. The End User shall continue termination to observe and enforce confidentiality and secrecy in respect of the SOFTWARE and its associated documentation for the benefit of Tometa, and however termination may occur it shall not prejudice any right of action or remedy, which may have occurred prior to termination.

3. BACKUP COPY. In addition to any copies authorized for use under this License, the End User may make a single copy of the SOFTWARE solely for backup purposes.

4. INTEGRITY OF THE SOFTWARE. The End User shall not enhance or vary any part of the SOFTWARE nor procure or permit the whole or any part of the SOFTWARE (whether in its original or in any updated, enhanced, or varied form) to be incorporated into any other software or computer system. Translations, reverse programming, disassembling, and reverse engineering or the SOFTWARE are expressly prohibited. Provided, however, that nothing in these conditions shall restrict (i) decompilations, notwithstanding that decompilation may involve adaptation, if the sole purpose of such decompilation is to achieve the interoperability of an independently created program with other programs, or (ii) any other act permitted to the End User by applicable laws and regulations of the End User’s jurisdictions.

5. NON-PERMITTED USES. Without the express prior written permission of Tometa you may not (a) use, copy, modify, alter or transfer electronically or otherwise, the SOFTWARE or documentation except as expressly permitted in this License Agreement, or (b) translate, reverse program, disassemble, decompile, or otherwise reverse engineer the SOFTWARE.

6. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States Government, the following provision applies: It is acknowledged that the SOFTWARE and the documentation were developed at private expense and that no part is in the public domain and that the SOFTWARE and 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. Contractor/Manufacturer is Tometa Software, Inc./P.O. 30662/Spokane, WA 99223/U.S.A

7. EXPORT CONTROLS. Certain uses of the SOFTWARE by the End User maybe subject to restrictions under U.S. regulations relating to exports and ultimate end uses of computer software. The End User agrees to fully comply with all applicable U.S. laws and regulations, including but not limited to the Export Administration Act of 1979 as amended from time to time and any regulations promulgated there under.

8. LIMITED WARRANTY. (a) Tometa warrants to the End User, (i) that the SOFTWARE (not including any third-party software) will perform substantially in accordance with the associated documentation and (ii) that the SOFTWARE is properly recorded on the disk media. This Limited Warranty extends for (90) days from the date of purchase of this License. Tometa does not warrant any third-party software that is provided with the SOFTWARE, but Tometa agrees to pass on the End User any warranties of the owner of licensor to the extent permitted by the owner or licensor. (b) This Limited Warranty does not apply to any software that has been altered, damaged, abused, mis-applied, or used other than in accordance with this License and any instructions included on the SOFTWARE and the associated documentation. (c) Tometa’s entire liability under this Limited Warranty shall be the repair or replacement of any SOFTWARE that fails to conform with this Limited Warranty or, at Tometa’s option, the return price paid for this license. Tometa shall have no liability under this Limited Warranty unless the SOFTWARE is returned to Tometa or its authorized representative, with a copy of the End User’s receipt, within the warranty period or 30 days, whichever is longer. (d) THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OF IMPLIED, SUBJECT TO CONTRARY ORDER PUBLIC REQUIREMENTS IN THE END USER’S JURISDICTION. (e) The End User’s failure to return the enclosed registration card or complete the electronic registration included with the SOFTWARE may result in Tometa’s inability to provide the End User with updates to the SOFTWARE, and the End User assumes the entire risk of performance and result in such en event.

9. CONFIDENTIALITY AND CONTROL OF THE SOFTWARE. The SOFTWARE, all associated documentation, and all copies are secret and confidential to Tometa and shall be retained under the effective control of the End User during the period of this License. The End User shall take all measures necessary to preserve confidentiality and secrecy in the SOFTWARE during the period of this License and after its termination, however such termination may arise.

10. INDEMNITIES AND LIMITATION OF LIABILITY. (a) Subject to 9(b) below, Tometa warrants to the End User that the Software as supplied by Tometa will not infringe any copyright, patent, or other intellectual property right of any third party. Conditionally upon the End User’s promptly giving notice to Tometa of any claim of alleged infringement and allowing Tometa to have sole control of negotiations on, and any defense of the claim, Tometa shall in its discretion and at its own cost wither compromise or defend the claim and shall hold the End User harmless from any resulting final judgment, order, or settlement. Tometa shall have the right to replace or change the SOFTWARE so as to avoid infringement and require the End User to accept a license to use such replaced or changed SOFTWARE in substitution for this License, provided that the SOFTWARE as substituted is substantially suitable for the End User’s utilization. (b) Tometa’s maximum liability to the End User under 9(a) above shall not exceed the License fees actually paid by the End User for the SOFTWARE. If Tometa becomes aware of a potential claim under 9(a) above, Tometa shall be entitled then or at anytime thereafter to discharge its liabilities (including potential, accruing, and accrued liabilities) to the End User under 9(a) above by requiring the End User to surrender this License and to cease use of the SOFTWARE upon Tometa’s paying to the End User a sum equivalent to the maximum amount of Tometa’s liability as stated above. (c) GENERAL LIMITATION OF LIABILITY AND INDEMNITIES. TOMETA’S MAXIMUM LIABILITY RELATED TO ANY OF THE SOFTWARE SHALL NOT EXCEED THE LICENSE FEES ACTUALLY PAID BY THE END USER FOR THE SOFTWARE.

FOR BELGIUM, FRANCE, IRELAND, AND THE NETHERLANDS: IN NO EVENT SHALL TOMETA BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF (a) DEATH, PERSONAL INJURY, OR DAMAGE TO PROPERTY CAUSED BY TOMETA’S NEGLIGENCE OR (b) TOMETA’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FOR AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF TOMETA’S LIABILITY AS STATED IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF TOMETA RELATING TO THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER.

FOR GREECE: IN NO EVENT SHALL TOMETA BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF DEATH, DAMAGE TO PROPERTY OR PERSONAL INJURY CAUSED BY TOMETA’S FRAUD OR GROSS NEGLIGENCE, FOR AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF TOMETA’S LIABILITY AS STATED IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF TOMETA RELATING TO THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER.

FOR ITALY: IN NO EVENT SHALL TOMETA BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF DEATH, DAMAGE TO PROPERTY OR PERSONAL INJURY CAUSED BY TOMETA’S FRAUD OR GROSS NEGLIGENCE OR VIOLATION OF A DUTY ARISING FORM APPLICABLE ORDINE PUBBLICO RULES FOR AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF TOMETA’S LIABILITY AS STATED IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF TOMETA RELATING TO THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER.

FOR DENMARK, FINLAND AND NORWAY: IN NO EVENT SHALL TOMETA BE LIABLE TO THE END USER, EXCEPT (i) IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY TOMETA’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR (ii) IF SUCH LIABILITY LIMITATION IS UNREASONABLE UNDER ALL RELEVANT CIRCUMSTANCES , FOR AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF TOMETA’S LIABILITY AS STATED IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF TOMETA RELATING TO THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER.

FOR PORTUGAL: IN NO EVENT SHALL TOMETA BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF DEATH, DAMAGE TO PROPERTY OR PERSONAL INJURY CAUSED BY TOMETA’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FOR AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF TOMETA’S LIABILITY AS STATED IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF TOMETA RELATING TO THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER.

FOR SPAIN: IN NO EVENT SHALL TOMETA BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF DEATH, DAMAGE TO PROPERTY OR PERSONAL INJURY CAUSED BY TOMETA’S BAD FAITH CONDUCT, FOR AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF TOMETA’S LIABILITY AS STATED IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF TOMETA RELATING TO THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER.

FOR SWEDEN: IN NO EVENT SHALL TOMETA BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF DEATH, DAMAGE TO PROPERTY OR PERSONAL INJURY CAUSED BY TOMETA’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FOR AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF TOMETA’S LIABILITY AS STATED IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF TOMETA RELATING TO THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER.

FOR THE UNITED KINGDOM: IN NO EVENT SHALL TOMETA BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF (a) DEATH OR PERSONAL INJURY CAUSED BY TOMETA’S NEGLIGENCE OR (b) DAMAGE TO PROPERTY OR OTHER LOSS CAUSED BY TOMETA WHERE SUCH LIABILITY LIMITATION IS UNREASONABLE UNDER ALL RELEVANT CIRCUMSTANCES. FOR AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF TOMETA’S LIABILITY AS STATED IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF TOMETA RELATING TO THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER

11. NO WAIVER. Any failure by either party to this agreement to enforce a specific part of the agreement in a specific situation is not a waiver of rights under the agreement. The party may still enforce the rest of the agreement in that situation and may still enforce some or all of the agreement in other situations.

12. This License constitutes the entire agreement between the End User and TOMETA pertaining to its subject matter. This License is governed by the laws of the State of Washington (except the body of laws controlling conflict laws). The state and federal courts having appropriate jurisdiction over the State of Washington will pursue any litigation arising from this license. Even if part of the agreement is held invalid, the rest of the agreement shall still be valid, binding, and enforceable. The failure of either party to exercise a right does not waive future exercise of that right or other rights.

Should the End User have any questions concerning this License, or if the End User desires to contact Tometa for any reason, please write: Tometa Software, Inc., P.O. Box 30662, Spokane, WA 99223, U.S.A.

Copyright 1997-2004, Tometa Software, Inc. All rights reserved. Cool Info is a trademark of Tometa Software, Inc.

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