# License Agreement

The accompanying executable code versions of software and related documentation (the "Product") are made available to you under the terms of this LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING THE "DOWNLOAD" BUTTON, OR BY INSTALLING OR USING ANY OF OUR PRODUCTS, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE "DOWNLOAD" BUTTON, AND DO NOT INSTALL OR USE ANY PART OF OUR PRODUCTS.

- License grant
- Termination
- Proprietary rights
- Disclaimer of warranty
- Limitation of liability
- Export controls
- Miscellaneous

## License grant

AXYZ Mobile™ grants you a non-exclusive license to use the executable code version of the Product. This Agreement will also govern any software upgrades provided by AXYZ Mobile™ that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.

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## Termination

If you breach this Agreement your right to use the Product will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (Paragraph 1) will survive termination and continue in effect. Upon termination, you must destroy all copies of the Product.

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## Proprietary rights

AXYZ Mobile™ reserves all rights not expressly granted to you in this Agreement. This Product protected by copyright and other intellectual property laws and treaties. AXYZ Mobile™ or its suppliers own the title, copyright, and other intellectual property rights.

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## Disclaimer of warranty

THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, AXYZ MOBILE™ AND IT'S DISTRIBUTORS, LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

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## Limitation of liability

EXCEPT AS REQUIRED BY LAW, AXYZ MOBILE™ AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.

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## Export controls

This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.

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## Miscellaneous

(a) This Agreement constitutes the entire agreement between AXYZ Mobile™ and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of AXYZ Mobile™. (b) If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. (c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (d) Except as required by law, the controlling language of this Agreement is English. (e) You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; the AXYZ Mobile™ may assign its rights under this Agreement without condition. (f) This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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Review date: 28 June 2007

© AXYZ Mobile, 2006-2007.