7.2 Psion Teklogix Inc. End User License Agreement. Psion WORKABOUT PRO series, WORKABOUT PRO 7525S, WORKABOUT PRO 7525M-E, WORKABOUT PRO 7525C, GM37525SG1AC860, GM37525CMEG1AC860

ATES SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL,

CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR

IN CONNECTION WITH THE USE OR PERFORMANCE OF THE

SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REM-

EDY FAILS OF ITS ESSENTIAL PURPOSE.

FOR APPLICABLE LIMITED WARRANTIES AND SPECIAL PROVI-

SIONS PERTAINING TO YOUR PARTICULAR JURISDICTION,

PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH

THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRINTED

MATERIALS.

7.2 Psion Teklogix Inc. End User License Agreement

IMPORTANT - READ CAREFULLY:

This License Agreement (“Agreement”) is a legal agreement between you and Psion Teklogix (“we”), the licensor of this software package (“Software”), for your use of the Software only as authorized in this Agreement.

By clicking on the “Accept” or other appropriate assent button and/or installing the Software, you agree to be and are hereby bound by the terms and conditions of this Agreement. If you do not agree with this Agreement, we do not grant you a license to the Software, and you may not install or use the Software or any accompanying documentation.

The Software is the property of Psion Teklogix Inc. or its licensors and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.

Psion Teklogix Inc. provides the Software and licenses its use worldwide.

You assume responsibility for the selection of the Software to achieve your intended results, and for the use and results obtained from it.

1. GRANT OF LICENSE

We hereby grant you and you hereby accept a non-exclusive, non-transferable, limited license to install and use the Software in object code form only, subject to the terms and restrictions set forth in this Agreement. Except as explicitly set forth below, (i) you are not permitted to copy, sell, lease or rent, distribute or sublicense the Software or to use the Software in a time-sharing arrangement or in any other unauthorized manner; (ii) no license is granted to you in the human readable code of the Software (source code); and (iii) this

Agreement does not grant you any rights to patents, copyrights, trade secrets,

Psion Teklogix WORKABOUT PRO With Windows Mobile 2003 SE Quick Reference Guide 45

trademarks, intellectual property or any other ownership rights with respect to the Software.

2. DESCRIPTION OF REQUIREMENTS, RESTRICTIONS,

RIGHTS AND LIMITATIONS a.

Copy. The right and license granted to you shall be limited to installation and use of the Software up to but not exceeding the number of copies you have licensed. However, you may make a copy of the Software for backup or archival purposes. You shall not remove any copyright notice or proprietary notices, labels or marks in or on the Software.

b.

Evaluation.

As part of evaluation, you may install and use the Software only during the specified evaluation period. Unless you register the license as described below, the evaluation license shall expire upon the expiration of the evaluation period.

c.

License Registration.

You will be required to provide a license ID, unique to each device, for registering your Software license. As part of your software license registration, we will provide you a corresponding license key for each device.

d.

No Modifications.

You may not modify or create any derivative work of the Software or any copy or portion thereof nor may you remove any Software identification, copyright or other notices.

e.

No Distribution. You may not distribute the Software, in whole or in part, to any other third party.

f.

Virus Program.

You may not develop or knowingly incorporate any virus program that may be harmful to a computer or a network in conjunction with the Software, or use the Software for any other purpose as which may be harmful to a third party.

g.

Assignment.

You may not assign or transfer the Software to a third party or allow a third party to use the same.

h.

Reverse Engineering . Modification, reverse engineering, reverse compiling, disassembly, unbundling or extraction of the Software is expressly prohibited. i.

Export Restrictions. You agree to comply with all applicable laws and regulations and that you will not export or re-export the Software, or any part or copies thereof, or any products utilizing the Software in violation of applicable laws or regulations of the United States or the country in which you obtained them.

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3. HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the

Software could lead to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). We specifically disclaim any express or implied warranty of fitness for High Risk Activities.

4. DISCLAIMER OF WARRANTY

We do not warrant uninterrupted or error free operation of the Software nor do we warrant that the Software will meet your requirements. THE SOFT-

WARE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHAT-

SOEVER AND WITHOUT ANY TECHNICAL SUPPORT OF ANY

KIND. WE DISCLAIM ANY AND ALL REPRESENTATIONS, WAR-

RANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES

OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR

A PARTICULAR PURPOSE. WE DO NOT WARRANT OR MAKE ANY

REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF

THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS,

ACCURACY, RELIABILITY, USE WITH FUTURE PSION TEKLOGIX

DEVICES INTRODUCED, OR OTHERWISE. YOU EXPRESSLY

ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT

YOUR SOLE RISK AND YOU ARE RESPONSIBLE FOR INSTALLA-

TION OF THE SOFTWARE ON YOUR COMPUTER.

5. LIMITATION OF LIABILITY

We are liable for no more than the value of the license fee that you paid for the Software. This limitation is cumulative and our responsibility for multiple claims will not exceed in aggregate this limit.

Under no circumstances are we or our third party suppliers liable for damages of third parties claimed against you, or for harm to your records or data, or special, incidental, indirect, or consequential damages, including but not limited to lost profits, lost business revenue or failure to realize expected savings, loss of data, loss of use of the Software or any associated equipment, downtime and user's time, even if you informed us of their possibility, or for breach of any express or implied warranty, breach of contract, negligence,

Psion Teklogix WORKABOUT PRO With Windows Mobile 2003 SE Quick Reference Guide 47

strict liability or any other legal theory related to the Software. This limitation applies whether you are entitled to claim damages from us or our third party suppliers as a matter of contract or tort.

6. COPYRIGHTS, OWNERSHIP AND PROPRIETARY RIGHTS

All title and copyrights in and to the Software, and any copies thereof, are owned by Psion Teklogix Inc. or its suppliers. The Software also contains copyrighted material licensed from our suppliers or obtained from open source and all rights to such copyrighted material rests with such suppliers.

Additional third party license terms and conditions may apply. We retain title to the Software and any copies made from it. Any copies of the Software you made are subject to the restrictions of this Agreement.

WE DISCLAIM ALL WARRANTIES AND INDEMNITIES, EXPRESS,

IMPLIED OR STATUTORY, FOR PATENT OR COPYRIGHT INFRINGE-

MENT.

7. CONFIDENTIALITY

You agree not to use or disclose any proprietary information provided by us, except for the purposes of this Agreement. You agree not to reproduce any of the copyrighted materials unless expressly permitted by this Agreement.

8. ENDING THIS AGREEMENT

We may terminate this Agreement and your license immediately without notice if (a) you fail to comply with any term of this Agreement, or (b) your rights are assigned by you, by operation of law or otherwise. In such event, you must return or destroy all copies and component parts of the Software and documentation, as well as any other Psion Teklogix proprietary information in your possession, within fourteen (14) days of the date of termination.

Any rights and obligations under this Agreement that by their nature continue after it ends will remain in effect until they are completed.

9. GENERAL

The laws of the Province of Ontario and the federal laws applicable therein, excluding the conflict of laws provisions, govern this Agreement. If any provision of this Agreement is deemed invalid or unenforceable by any country, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect. Failure by us to insist on strict performance or to exercise a right when entitled, does not prevent us from doing so at a later time, either in relation to that default or any subsequent one.

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No modifications of this Agreement shall be effective unless in writing and approved by us.

You acknowledge that you have read this Agreement, understand it, and that it is the complete agreement between you and Psion Teklogix with respect to the subject matter hereof and supersedes all prior agreements, oral or written.

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