Thursday, September 06, 2007

Aportis Doc Reader Palm

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APORTIS TECHNOLOGIES CORP.
("APORTIS"). READ IT CAREFULLY. BY INSTALLING THE SOFTWARE,
OPENING THE PACKAGE OR USING THE SOFTWARE, AS THE CASE MAY BE, YOU
ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO
ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "Disagree" BUTTON AND
THEN IMMEDIATELY DELETE THE SOFTWARE OR RETURN THE PRODUCT TO THE
PLACE OF PURCHASE FOR A FULL REFUND.

LICENSE: Aportis grants you a nonexclusive license to use the accompanying software
program(s) (the "Software") subject to the terms and restrictions set forth in this
License Agreement. You are not permitted to lease or rent (except under separate mutually
agreeable terms set forth in writing), distribute or sublicense the Software or to use the
Software in a time-sharing arrangement or in any other unauthorized manner. Further, no
license is granted to you in the human readable code of the Software (source code). Except
as provided below, this License Agreement does not grant you any rights to patents,
copyrights, trade secrets, trademarks, or any other rights in respect to the Software.

GRANT. Subject to payment of applicable license fees, Aportis grants to you a non-
exclusive license to use the Software and accompanying documentation ("Documentation")
as forth below.

SCOPE OF GRANT.
You may:
- use the Desktop Software on any single personal computer;
- use the Palm Software on any single Palm Computing Platform device;
- use the Desktop Software on a network, provided that each person accessing the
Software through the network must have a copy licensed to that person;
- use the Desktop Software on a second personal computer so long as only one copy is
used at a time;
- use the Palm Software on a second device so long as only one copy is used at a time;
or
- copy the Software for archive purposes, provided any copy must contain all of the
original Software's proprietary notices.

You may not:
- permit other individuals to use the Software except under the terms listed within;
- permit concurrent use of the Desktop Software;
- permit concurrent use of the Palm Software;
- modify, translate, reverse engineer, decompile, disassemble or create derivative works
based on the Software;
- copy the Software other than as specified above;
- rent, lease, grant a security interest in, or otherwise transfer rights to the
Software; or
- remove any proprietary notices or labels on the Software.

TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain
in Aportis and/or its suppliers. The Software is protected by the copyright laws and treaties.

LIMITED WARRANTY. Aportis warrants that the media containing the Software, if provided
by Aportis, is free from defects in material and workmanship and will so remain for ninety (90)
days from the date you acquired the Software. Aportis' sole liability for any breach of this
warranty shall be to replace your defective media. Aportis does not warrant, that your use of
the Software will be uninterrupted or that the operation of the Software will be error-free.
EXCEPT AS SET FORTH HEREIN,APORTIS MAKES NO WARRANTIES EXPRESS OR
IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY BY JURISDICTION. Some jurisdictions may not allow limitations
on duration of an implied warranty, so the above limitation may not apply to you.

TERMINATION. The license will terminate automatically if you fail to comply with the
limitations described herein. On termination, you must destroy all copies of the Software
and Documentation.

EXPORT CONTROLS. None of the Software or underlying information or technology may be
downloaded or otherwise exported or reexported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
By downloading or using the Software, you are agreeing to the foregoing and you are
representing and warranting that you are not located in, under the control of, or a national
or resident of any such country or on any such list.

In addition, if the licensed Software is identified as a not-for-export product
(for example, on the box, media or in the installation process), then the following applies:
EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE
SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE
THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS
DEFINED BY U.S.GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION,
ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF
THE UNITED STATES.BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE
AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A
"FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL APORTIS OR ITS SUPPLIERS
OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF APORTIS HAS
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT
APPLY TO YOU.

HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed,manufactured
or intended for use or resale as on-line control equipment in hazardous environments
requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life support machines, or
weapons systems, in which the failure of the Software could lead directly to death, personal
injury, or severe physical or environmental damage ("High Risk Activities").
Aportis and its suppliers specifically disclaim any express or implied warranty of fitness for
High Risk Activities.

MISCELLANEOUS. If the copy of the Software you received was accompanied by a printed or
other form of "hard-copy" End User License Agreement whose terms vary from this Agreement,
then the hard-copy End User License Agreement governs your use of the Software.
This Agreement represents the complete agreement concerning this license and may amended
only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER
PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE
TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. This Agreement shall be
governed by Oregonlaw (except for conflict of law provisions). The application the United
Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the
Government is subject to restrictions set forth in subparagraphs (a) through (d) of the
Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013, or at 252.211-7015, or to Aportis' standard commercial license, as
applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is
Aportis, Inc. PO Box 86336, Portland, Oregon 98286-0336.

Click 'Agree' to Agree or 'Disagree' to Disagree.

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