PROPRIETARY SOFTWARE LICENSE AGREEMENT: IMPORTANT : READ CAREFULLY
By downloading, installing or using Touchlab Limited software products
contained herein, you indicate your acceptance of and agree to be bound by the terms

and conditions of this Proprietary Software License Agreement. These terms and
conditions are a legal agreement between the Licensee (you) and Licensor (Touchlab Limited).

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT
INSTALL, COPY OR USE THE SOFTWARE.

LICENSE. Subject to the provisions contained herein, Touchlab Limited grants to you a non-

exclusive, non-transferable license to use the Software contained herein. You are
authorized to use the SOFTWARE only for your own use.

DISCLAIMER OF WARRANTIES: YOU AGREE THAT TOUCHLAB LIMITED HAS MADE NO
EXPRESS WARRANTIES TO YOU REGARDING THE SOFTWARE AND THAT
THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY
OF ANY KIND. TOUCHLAB LIMITED DISCLAIMS ALL WARRANTIES WITH REGARD TO
THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, MERCHANTABLE QUALITY OR NONINFRINGEMENT OF
THIRD PARTY RIGHTS. In the case where a state or jurisdiction does not allow the
exclusion of implied warranties, the above limitations may not apply.

LIMIT OF LIABILITY: IN NO EVENT WILL TOUCHLAB LIMITED BE LIABLE TO YOU FOR
ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
PRODUCT LIABILITY OR OTHERWISE, EVEN IF TOUCHLAB LIMITED HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. In the case where a state or jurisdiction
does not allow the exclusion of incidental or consequential damages, the above
limitations may not apply.

PROTECTION. NOTWITHSTANDING ANY COPYRIGHT NOTICES, THE
SOFTWARE CONTAINS TRADE SECRETS AND CONFIDENTIAL INFORMATION
OF TOUCHLAB LIMITED AND ITS SUPPLIERS. THE LICENSEE AGREES NOT TO REVERSE
COMPILE, REVERSE ENGINEER, DISASSEMBLE, OR MODIFY THE SOFTWARE.
THE SOFTWARE MAY NOT BE RENTED OR LEASED. THE SOFTWARE MAY
NOT BE INCORPORATED INTO OR BUNDLED WITH ANY OTHER PRODUCT
SUCH THAT THE SOFTWARE CEASES TO BE A STAND-ALONE PRODUCT.


EXPORT PROVISION.  Licensee acknowledges that the export of the Software is
subject to Licensor receiving the necessary licenses or approvals for export from the
United Kingdom.  Licensee agrees that regardless of any disclosure made by Licensee to
Licensor of an ultimate destination of the SOFTWARE, Licensee will not re-export
directly or indirectly the SOFTWARE, without first obtaining a license from the United
Kingdom Government, as required. Licensee shall provide Touchlab Limited with any information,
certifications or other documents which Licensor may require in connection with the
export of the SOFTWARE, or any portions or parts thereof, as amended, and the rules and regulations promulgated
thereunder.

SUCCESSORS AND ASSIGNS.  The Agreement shall be binding on and inure to the
benefit of the parties, their successors, permitted assigns and legal representatives.
Licensee may not assign this Agreement without Licensors prior written consent.

TITLE.  This Agreement grants Licensee no title or rights of or to ownership in the
SOFTWARE or documentation or any corrections, improvements or revisions furnished.
THIS AGREEMENT DOES NOT INCLUDE THE RIGHT TO SUBLICENSE.

RELIEF.  Licensee acknowledges that any violation of this Agreement by Licensee will
cause irreparable injury to Licensor, and Licensor shall be entitled to injunctive relief.

GENERAL.  This Agreement merges all prior written and oral communications and
defines the entire Agreement of the parties concerning the SOFTWARE. All notices
required under this Agreement or pertaining to modifications to this Agreement shall be
in writing, including facsimile copies, however, excluding all variations of Electronic
Mail, and shall be considered given upon personal delivery of the written notice or within
five (5) days of mailing, postage prepaid and appropriately addressed. This Agreement
shall be construed in accordance with laws of the Scotland, United Kingdom
without regard to its conflicts of laws provisions. The failure by either party
at any time to enforce its rights under this Agreement will not be construed as a waiver of
such rights, nor will it in any way affect the validity of this Agreement. No waiver by
either party will be valid unless given in an appropriate writing signed by both parties.
