TextMaker for Pocket PCs 2002

SOFTWARE LICENSE AND WARRANTY

The software which accompanies this license (the "Software") is the property of SoftMaker Software GmbH

("SoftMaker") or its licensors and is protected by copyright law. While SoftMaker continues to own the

Software, you will have certain rights to use the Software after your acceptance of the license. Except as

may be modified by a license addendum which accompanies this license, your rights and obligations are

SOFTWARE LICENSE AND WARRANTY

The software which accompanies this license (the "Software") is the property of SoftMaker Software GmbH

("SoftMaker") or its licensors and is protected by copyright law. While SoftMaker continues to own the

Software, you will have certain rights to use the Software after your acceptance of the license. Except as

may be modified by a license addendum which accompanies this license, your rights and obligations are

as follows:

TextMaker 2002 Trial Copy (the "TextMaker Trial")

License Agreement

By using, copying, transmitting, distributing or installing the TextMaker Trial, you agree to all of the terms of

this License. If you do not agree to any of the terms of this License, then do not use, copy, transmit,

distribute, or install the TextMaker Trial.

This is not free software. Subject to the terms below, you are hereby licensed by SoftMaker to use this

software for evaluation purposes without charge for a period of 30 days. If you use this software after the

30 day evaluation period you must purchase the software. Payments must be in Euros or US Dollars, and

should be sent to SoftMaker Software GmbH, Kronacher Straße 7, 90427 Nürnberg, Germany. See the

SoftMaker web site at http://www.softmaker.com for information about online ordering.

Unregistered use of TextMaker 2002 after the 30-day evaluation period is in violation of U.S., German,

and international copyright laws.

You may, without making any payment to SoftMaker:

a) give exact copies of this version of the TextMaker Trial personally to anyone, except for the purpose of

extending their 30-day evaluation period;

b) distribute exact copies of this version of the TextMaker Trial, if done exclusively through electronic

channels; and

c) make as many exact copies of this evaluation version of the TextMaker Trial as you wish, for purposes

of distribution as described in (a) and (b) above.

You are specifically prohibited from charging, or requesting donations, for any copies, however made, and

from distributing such copies with other products of any kind, commercial or otherwise, without prior written

permission from SoftMaker. SoftMaker reserves the right to revoke the above distribution rights at any

time, for any or no reason.

This software, and all accompanying files, data and materials, are distributed "AS IS" and with no

warranties of any kind, whether express or implied. In particular, there is no warranty that the software is or

will be free from defects. Good data processing procedure dictates that any program be thoroughly tested

with non-critical data before relying on it. The user must assume the entire risk of using the program. This

disclaimer of warranty constitutes an essential part of the agreement. In no event shall SoftMaker, or its

principals, shareholders, officers, employees, affiliates, dealers, suppliers, contractors, subsidiaries, or

parent organizations, be liable for any incidental, consequential, or punitive damages whatsoever relating to

the use of the TextMaker Trial, or your relationship with SoftMaker, even if we have been advised of the

possibility of such damages, or they are foreseeable. Our maximum aggregate liability to you and that of

our principals, shareholders, officers, employees, affiliates, dealers, suppliers, contractors, subsidiaries, or

parent organizations, shall not exceed the amount paid by you for the Software. The limitations in this

section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or

term or a fundamental breach. Some states or countries do not allow the exclusion or limitation of liability

for consequential or incidental damages, so the above limitation may not apply to you.

In addition, in no event does SoftMaker authorize you to use TextMaker 2002 in applications or systems where

TextMaker's failure to perform can reasonably be expected to result in a significant physical injury, or in

loss of life. Any such use by you is entirely at your own risk, and you agree to hold SoftMaker harmless from

any claims or losses relating to such unauthorized use.

This Agreement is the complete statement of the Agreement between the parties on the subject matter, and

merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of

Germany. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts

located in the City of Nürnberg, Germany, and you consent to such jurisdiction and venue, thereby excluding

the United Nations Convention on Contracts for the International Sale of Goods and any legislation

implementing such Convention, if otherwise applicable.

If any provision of this Agreement is declared by a Court of competent jurisdiction to be invalid, illegal,

or unenforceable, such a provision shall be severed from the Agreement and the other provisions shall remain

in full force and effect.

All rights of any kind in TextMaker 2002 which are not expressly granted in this License are entirely and

exclusively reserved to and by SoftMaker. You may not rent, lease, modify, translate, reverse engineer,

decompile, disassemble or create derivative works based on TextMaker 2002. You may not make access to

TextMaker 2002 available to others in connection with a service bureau, application service provider, or

similar business. There are no third party beneficiaries of any promises, obligations or representations

made by SoftMaker herein.

U.S. GOVERNMENT RIGHTS: With respect to any acquisition of the Software by or for any unit or agency of the

United States Government (the "Government"), the Software shall be classified as "commercial computer

software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation

(the "FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS").

The Software was developed entirely at private expense, and no part of the Software was first produced in

the performance of a Government contract. If the Software is supplied for use by DoD, the Software is

delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a)

and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988),

as applicable. If the Software is supplied for use by a Federal agency other than DoD, the Software is

restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a);

(ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable. The manufacturer is SoftMaker Software

GmbH, Kronacher Straße 7, 90427 Nürnberg, Germany.

TextMaker 2002 © 1987-2005 by SoftMaker Software GmbH. All rights reserved.