WinJournal 1.0b2

IMPORTANT - YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THE LICENSE AGREEMENT TO DETERMINE WHETHER YOU AGREE TO BE BOUND BY ITS PROVISIONS.

1. NOTICE. PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

2. Ownership and License. This is a license agreement and NOT an agreement for sale. We continue to own the copy of the software contained in this package and all other copies that you are authorized by this Agreement to make (the "Software"). Your rights to use the Software are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of our rights under U.S. Copyright law or any other federal or state law.

IMPORTANT - YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THE LICENSE AGREEMENT TO DETERMINE WHETHER YOU AGREE TO BE BOUND BY ITS PROVISIONS.

1. NOTICE. PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

2. Ownership and License. This is a license agreement and NOT an agreement for sale. We continue to own the copy of the software contained in this package and all other copies that you are authorized by this Agreement to make (the "Software"). Your rights to use the Software are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of our rights under U.S. Copyright law or any other federal or state law.

3. Permitted Uses. You are granted the following rights to the Software:

(a) Mariner Software grants a free 30 day license for use of this software starting from the date of receipt. After the 30 day license expires, WinJournal must be licensed from Mariner Software Inc. with appropriate compensation and registration forms.

UNDER NO CIRCUMSTANCES MAY THE SOFTWARE BE USED BEYOND THE FREE 30 DAY LICENSING PERIOD UNLESS THE PREVIOUSLY STATED CONDITIONS HAVE BEEN SATISFIED.

(b) Right to Install and Use.

You may either:

(i) install the Software on multiple computers, provided that those computers are used solely by you, but not simultaneously; or

(ii) install the Software on a single computer which may be used by different users from time to time but not simultaneously.

If the Software is to be used by more than one user under option (i) above or on more than one computer under option (ii) above, you must purchase a number of copies (or a multi-user package representing multiple copies) of the Software equal to the number of users under option (i) or Computers under option (ii).

(c) Right to Copy. Ownership of the legal rights contained in the Software and the associated documentation shall remain solely with Mariner Software and its suppliers. These may include trade secret, trademark, copyright, patent, international treaty and other rights as applicable. You may not sublicense, rent, lease, decompile, disassemble, create derivative works or otherwise distribute the Software. You may make an archival copy of the Software. You may not copy the written materials accompanying the Software.

4. Proprietary Rights. All title and intellectual property rights in and to the Software and all copies thereof are owned by Mariner Software and its suppliers. Licensee agrees to secure and protect the Software and all copies thereof in a manner consistent with the maintenance of Mariner Software's rights therein and to take appropriate actions by instruction or agreement with any of its employees or agents permitted access thereto to satisfy its obligations hereunder.

5. No Right to Modify or Disassemble the Software. Licensee may not reverse engineer, alter, modify, disassemble or decompile the Software, or any part thereof, without Mariner Software's prior written consent; provided that, if local law prohibits such a restriction, Licensee may request in writing that Mariner Software provide such information as is reasonably necessary to achieve interoperability. If and only if Mariner Software declines Licensee's request, Licensee may reverse engineer the Software but only to the extent expressly permitted by local law.

6. Export Control. The Software may be subject to United States export control. You agree to fully comply with all applicable United States export regulations.

7. United States Government Restricted Rights. The enclosed Software and documentation are provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government or any agency or instrumentality thereof is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 48 C. F.R. 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer Software - Restricted Rights Clause at 48 C.F.R. 52.227-19, as applicable. Contractor Manufacturer is Mariner Software Inc.,401 North 3rd Street, Suite 665, Minneapolis, MN 55401.

8. WARRANTY DISCLAIMER. WE DO NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. WE EXCLUDE AND EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state.

9. LIMITATION OF LIABILITY. OUR LIABILITY TO YOU FOR ANY LOSSES SHALL BE LIMITED TO DIRECT DAMAGES, AND SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you.

10. Miscellaneous Provisions. This Agreement is governed by the laws of the State of Minnesota. Should you have any questions regarding this Agreement, or desire to contact Mariner Software Inc. for any reason, please write: Mariner Software Incorporated, 401 North 3rd Street, Suite 665, Minneapolis, MN 55401.