ATOMIC SOFTWARE LICENSE AGREEMENTPlease read this license carefully before signing the order form. By use the software you are agreeing to be bound by the terms of this license. If you do not agree to the terms of this license, please do not use the software. This license agreement is required by Apple Computer, Inc. and Atomic Software.1 . License: The application, demonstration, system and other software accompanying this License, whether on disk, in read only memory, or on any other media (the "Software"), the related documentation and fonts are licensed to you by Atomic Software. You own the media on which the Software and fonts are recorded but Atomic Software and/or Atomic Software's Licensor(s) retain title to the Software, related documentation and fonts. This License allows you to use the Software and fonts on a single Newton Product (which, for purposes of this License, shall mean a product bearing Apple's Newton logo), and make one copy of the Software and fonts in machine-readable form for backup purposes only. You must reproduce on such copy the Atomic Software copyright notice and any other proprietary legends that were on the original copy of the Software and fonts. You may also transfer all your license rights in the Software and fonts, the backup copy of the Software and fonts, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License. 2 . Restrictions: The Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software from one device to another or over a network. 3 . Termination: This License is effective until terminated. You may terminate this License at anytime by destroying the Software and related documentation and fonts. This License will terminate immediately without notice from Atomic Software if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and fonts. 4 . Export Law Assurances: You agree and certify that neither the Software nor any other technical data received from Atomic Software, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software nor any other technical data received from Atomic Software, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software. 5 . Government End Users: If you are acquiring the Software and fonts on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Software and fonts are supplied to the Department of Defense (DoD), the Software and fonts are classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software, its documentation and fonts as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the Software and fonts are supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software, its documentation and fonts will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR. 6 . Disclaimer of Warranty on Software: You expressly acknowledge and agree that use of the Software and fonts is at your sole risk. The Software, related documentation and fonts are provided "AS IS" and without warranty of any kind and Atomic Software and Atomic Software's Licensor(s) (for the purposes of provisions 6 and 7, Atomic Software and Atomic Software's Licensor(s) shall be collectively referred to as "Atomic Software") expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Atomic Software does not warrant that the functions contained in the software will meet your requirements, or that the operation of the software will be uninterrupted or error-free, or that defects in the software and the fonts will be corrected. Furthermore, Atomic Software does not warrant or make any representations regarding the use or the results of the use of the software and fonts or related documentation terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Atomic Software or an Atomic Software authorized representative shall create a warranty or in any way increase the scope of this warranty. Should the software prove defective, you (and not Atomic Software or an Atomic Software authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 7. Limitation of Liability: Under no circumstances including negligence, shall Atomic Software be liable for any incidental, special or consequential damages that result from the use or inability to use the software or related documentation, even if Atomic Software or an Atomic Software authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusion may not apply to you. In no event shall Atomic Software's total liability to you for all damages, losses, and causes of action(whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software and fonts. 9 . Complete Agreement: This License constitutes the entire agreement between the parties with respect to the use of the Software, related documentation and fonts, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Atomic Software.