End-User License Agreement

End-User License Agreement
for
Hand-held Software from Poohbah Industries
(The "Software")

1. License:

This Agreement allows you to: (a) Use the Software on a handheld computer device; (b) make one copy of the Software in machine-readable form for backup purposes; and (c) to distribute unregistered copies of the Software to others.

2. Restrictions:

You may make or distribute unregistered copies of the Software. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not modify, rent, resell for profit, distribute or create derivative works based upon the Software. You will keep the software registration number confidential and not distribute it to others in any form.

3. Use of databases:

You are granted an unrestricted license to use the files created by the Software on a handheld device. You may beam one record at a time to other handheld computer devices.

4. Ownership:

This license gives you limited rights to use the Software. You do not own the Software and Poohbah Industries retains ownership of the Software and all copies of it. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Poohbah Industries.

5. Protecting the Software:

You shall take reasonable steps to protect the Software from unauthorized copying, publication, disclosure or distribution, including restricting your employees and consultants, Third Parties, and End Users as to the restrictions set forth in this agreement. You shall take reasonable and prudent measures to limit use of the Software as required by this Agreement.

6. Disclaimer of Warranties and Technical Support:

The Software is provided to you on an "AS IS" basis, without any technical support or warranty of any kind from Poohbah Industries including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

7. Limitation of Damages:

Poohbah Industries SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Poohbah Industries OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Poohbah Industries and you. You agree that Poohbah Industries would not be able to provide the Software on an economic basis without such limitations.

8. General:

This Agreement shall be governed by the internal laws of the State of California. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: Poohbah Industries, Hopeful Hill Ranch, 13303 Hopeful Hill Road, Nevada City CA 95959 USA.

Accept to continue or Reject to return.

Updated: 020423