Smartcode Software, Inc. License Agreement for using HandStamp 1.0

NOTICE--READ BEFORE INSTALLING HANDSTAMP

Carefully read the terms of this Smartcode Software License Agreement before installing HandStamp Internet E-mail for Pilot on your computer. Installing the software constitutes your acceptance of all the terms of the present license agreement. If you do not agree with this license agreement, PROMPTLY return the software and the other items that are part of this product with your receipt to the place of purchase for a full refund.

1. DEFINITIONS

The "SOFTWARE" is licensed (not sold) to you, and Smartcode Software, Inc. ("SMARTCODE") owns all copyright, trade secret, patent, trademarks and other proprietary rights in the SOFTWARE. The term "SOFTWARE" includes all copies of the HandStamp computer software and its documentation.

2. AGREEMENT

This SMARTCODE License Agreement ("LICENSE AGREEMENT") is a legal agreement between you (an entity or a person) and SMARTCODE for use of the SOFTWARE, which includes computer software, associated media and printed materials, and electronic documentation.

3. PROPERTY

The SOFTWARE which accompanies this license is the property of SMARTCODE and is protected by copyright law and international copyright treaties, as well as other intellectual property laws and treaties. SMARTCODE retains all intellectual property rights including, but not limited to, patent, trademark, copyright, and trade secret rights in the SOFTWARE.

4. LICENSE GRANT

SMARTCODE grants you the right to install the SOFTWARE on a single computer at any one time. After you have registered your SOFTWARE with SMARTCODE, you may use it at home, at work or on another computer provided that you, the licensee only use one copy at a time, and for your own benefit. You must purchase a license for each additional user.

After written notice to SMARTCODE you may transfer the entire SOFTWARE to another person or entity, but only if you keep no copies, and the transferee agrees to abide by the terms of this LICENSE AGREEMENT.

5. LIMITED WARRANTY

THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SMARTCODE DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES.

SMARTCODE warrants that the physical media on which the SOFTWARE is distributed will be free of defects in materials and workmanship for a period of 30 days from the date of delivery of the SOFTWARE to you. SMARTCODE's entire liability and your exclusive remedy for SMARTCODE'S liability of any kind shall be a replacement of the defective media. To obtain a replacement, you must return the entire package, along with your receipt, to the place of purchase within the 30 day warranty period.

SMARTCODE does not warrant that the SOFTWARE will meet your requirements or that operation of the SOFTWARE will be without interruption, or that the SOFTWARE will be error-free, or that defects in the SOFTWARE will be corrected. The software is provided "AS IS" without warranty of any kind.

SMARTCODE disclaims all other warranties, either express or implied warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to the SOFTWARE and the accompanying documentation.

6. DISCLAIMER OF LIABILITY

IN NO EVENT SHALL SMARTCODE BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES INCLUDING ANY LOSS OF PROFITS, OR LOSS OF SAVINGS, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SMARTCODE HAS KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you. HOWEVER, IN NO CASE SHALL SMARTCODE'S LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE.

7. 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 as set forth in FAR Sections 52-227-14 and 52-227-19 or DFARS Section 52-227-7013 (c)(1)(ii), as applicable.

8. GENERAL

This agreement must be construed -- and its performance enforced -- under California law. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this LICENSE AGREEMENT, which shall remain valid and enforceable according to its terms. You agree that the SOFTWARE will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This LICENSE AGREEMENT may only be modified by a license addendum which accompanies this license of an upgrade to the SOFTWARE, or by a written document that has been signed by both you and an officer of SMARTCODE. This license automatically terminates if the licensee violates any of the terms of this LICENSE AGREEMENT. 

9. ADDITIONAL INFORMATION

If you have any questions regarding this AGREEMENT, or if you wish to contact SMARTCODE for any reason, please write to Smartcode Software, Inc., Customer Service, P.O. Box 1513, Highland Park, Illinois, 60035. You may also contact us by sending electronic mail to info@smartcodesoft.com. HandStamp is a trademark of SMARTCODE.