SOFTWARE LICENSE AGREEMENT OF POCKET EXPRESS, INC.

IMPORTANT-READ CAREFULLY:	
POCKET EXPRESS, INC. ("LICENSOR") IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE YOU INSTALL THIS SOFWARE BECAUSE BY EXERCISING YOUR RIGHTS TO MAKE AND USE COPIES OF THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS POCKET EXPRESS, INC. LICENSE AGREEMENT.  IF YOU DO NOT AGREE TO THESE TERMS, LICENSOR WILL NOT LICENSE THIS SOFTWARE TO YOU, AND IN THAT CASE YOU SHOULD RETURN THIS PRODUCT PROMPTLY, INCLUDING ANY PACKAGING, MEDIA, AND WRITTEN MATERIALS, TO THE PLACE OF PURCHASE PROMPTLY FOR A FULL REFUND.

Ownership of the Software

1.  The software program ("Software") that this license agreement accompanies and/or to which this license agreement is attached as well as all accompanying written materials are owned by Licensor and are protected by United States copyright laws, by laws of other nations, and by international treaties.

Grant Of License

2.  Licensor grants to you the right to use (or load into memory) one copy of the Software on a single handheld computer, and/or as many as two other computers used by you and running Windows.  Windows computers may include a desktop computer, a home computer, or a laptop computer, but shall not include more than two Windows computers per license. 

Restrictions on Use and Transfer

3.  If this Software package contains multiple media types, then you may use only the type of media appropriate for your computer. You may not use the other size media on another computer or loan, rent, transfer, or assign them to another user except as part of the permanent transfer of the Software and all written materials (as provided for below).

4.  You may not copy the Software, except that (A) you may make one copy of the Software solely for backup or archival purposes, and (B) you may transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials.

5.  You may permanently transfer the Software and accompanying written materials (including the most recent update and all prior versions) if you retain no copies and the transferee agrees to be bound by the terms of this Agreement. Such a transfer terminates your license. You may not rent or lease the Software or otherwise transfer or assign the right to use the Software, except as stated in this paragraph.

6.  You may not reverse engineer, decompile, or disassemble the Software.

Limited Warranty

7.  Licensor warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 30 days from the date of your receipt of the Software. Any implied warranties on the Software are limited to 30 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

8.   LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.

9.   LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT LICENSOR'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET LICENSOR'S LIMITED WARRANTY AND WHICH IS RETURNED TO LICENSOR WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. These remedies are not available outside the United States of America.

10.  This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication.

11.  IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

12.  This Agreement is governed by the laws of the State of California.

13.  If you have any questions concerning this Agreement or wish to contact Licensor for any reason, please write: Pocket Express, Inc. P.O. Box 911, Novato, CA 94948.

14.  U.S. Government Restricted Rights. The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Supplier is Pocket Express, Inc. P.O. Box 911, Novato, CA 94948.