END USER LICENSE AGREEMENT FOR NOTEPADXTENSION SOFTWARE NOTICE TO USER: DO NOT USE NOTEPADXTENSION UNTIL YOU HAVE READ THIS AGREEMENT Please carefully read this Agreement before using NOTEPADXTENSION. BY USING NOTEPADXTENSION YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, DO NOT use NOTEPADXTENSION. By acquiring a license to use the NOTEPADXTENSION "Software" you agree to the following terms and conditions: 1. Grant of License: In consideration of a registration fee, PenTekk Software Technologies grants you a nonexclusive, non-transferable license (a) to use the Software on a single Newton computer and (b) to make one additional copy of the Software solely for backup purposes. You must place the same copyright and other proprietary rights notices on any copy of the Software as appears on the original. You must not transfer, sell, assign rent or distribute any copies of the Software or any copy. Your agree to hold the Software in confidence and take all reasonable steps to prevent unauthorized disclosure. 2. Proprietary Rights: The NOTEPADXTENSION software is copyrighted by and proprietary to PenTekk Software Technologies Inc. PenTekk Software Technologies Inc. retain title and ownership of all copies of the Software. The nonexclusive license set forth in this Agreement is not a sale of the Software or any copy. You agree to hold the Software in confidence and to take all reasonable steps to prevent unauthorized disclosure. 3. No Other Rights: Except as stated above, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises, or licenses in respect of the Software. YOU MAY NOT MODIFY, TRANSLATE, DISASSEMBLE, OR DECOMPILE THE SOFTWARE OR ANY COPY, IN WHOLE OR IN PART. 4. Term: The license is effective until terminated. You may terminate the license at any time by destroying the Software (including the related documentation) together with all copies or modifications in any form. PenTekk Software Technologies will have the right to terminate your license immediately if you fail to comply with any term of condition of this Agreement . Upon any termination you must destroy the Software together with all copies or modifications in any form. 5. LIMITED WARRANTY: (a) PenTekk Software Technologies guarantees your complete satisfaction with the Software and Service during the 30-day period following the date you purchase the Software. At any time during that 30 day period, you, at your sole option, may return the Software for a full refund (less shipping and handling charges, if any were applied to the original order). In addition, you must provide PenTekk Software Technologies with a written description of what caused your dissatisfaction with the Software. If you exercise this option, you must destroy any duplicate copies of the contents of the Software before you request a refund. Unless PenTekk Software Technologies has received the written notice as described above within 7 days after the end of the 30 day period, you will be treated as having fully examined and accepted the Software and concluded that the Software is satisfactory to you. (b) PENTEKK SOFTWARE TECHNOLOGIES INC. DOES NOT AND CANNOT WARRANTY THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES PENTEKK SOFTWARE WILL PROVIDE FOR BREACH OF WARRANTY. YOU UNDERSTAND THAT, EXPECT FOR THE FOREGOING 30-DAY LIMITED WARRANTY, PENTEKK SOFTWARE TECHNOLOGIES INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO PERFORMANCE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. (c) Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. 7. Limited of Liability: (a) NEITHER PENTEKK SOFTWARE TECHNOLOGIES SHALL BE LIABLE IN ANY WAY TO THE USER OF THE SOFTWARE OR TO ANY OTHER PERSON WHATSOEVER, FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS THEREFROM OR IN THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY; AND (b) THAT, IN NO EVENT SHALL PENTEKK SOFTWARE TECHNOLOGIES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM THE AVAILABILITY OF THE USE OF THE SOFTWARE REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT OR TORT. (c) Some states do not allow the exclusive or limitation of incidental or consequential damages, so the above limitations or exclusion may not apply to you. 8. Export: You acknowledge that the laws and regulations of the United States restrict the export and reexport (as defined in Section 379.1, (b)-(c) of the export Administration Regulations and any amendment thereto) of the Software. You agree that you will not export or reexport the Software or media in any form without the appropriate United States and foreign government approval. 9. Choice of Law: This Agreement will be governed by the laws of the State of Georgia as applied to transactions taking place wholly within Georgia between Georgia residents. 10. U.S. Government Restricted Rights Legend: Use, duplication, reproduction, or disclosure by the Government is subject to restrictions in subdivision (c)(1)(ii) if the Rights in Technical Data and Computer Software clause at 48 C.F.R. 252.227-7013 and in subparagraphs (a) through (d) of the Commercial Software -- Restricted Rights Clause at 48 C.F.R. 52-227-19 and the limitations set forth in PenTekk Software Technologies's standard commercial agreement for software. Unpublished -- rights reserved under the copyright laws of the United States. 11. Integration: You acknowledge that you have read this Agreement, understanding it, and that by subscribing to NOTEPADXTENSION you agree to be bound by its terms and conditions. You must further agree that it is the complete and exclusive statement of the agreement between PenTekk Software Technologies and you which supersedes any proposal or prior agreement, oral or written. and any other communications between PenTekk Software Technologies and you relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against PenTekk Software Technologies unless PenTekk Software Technologies gives its express waiver of the terms of this Agreement, in a writing signed by an officer of PenTekk Software Technologies. If you should have any questions concerning this Agreement, please contact in writing PenTekk Software Technologies, Inc., 4060 Citron Court, Norcross, Georgia, 30093.