QUALCOMM IncorporatedLicense Terms for Eudora Proª for Newton¨ Rel. 1.0.IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, DO NOT INSTALL THE SOFTWARE AND NOTIFY YOUR SUPPLIER TO RECEIVE A REFUND.1. License. QUALCOMM Incorporated (QUALCOMM) grants to the Licensee purchasing this copy of Eudora Pro Software a nonexclusive, nontransferable license to use the Eudora software and other software and fonts contained in this package (collectively the Software) and its documentation in accordance with this License. QUALCOMM or QUALCOMMÕs Licensors retain title to the Software and related documentation although the Licensee owns the media on which the Software and documentation are recorded, if any. This License allows use of the Software and documentation only by Licensee on any central processing unit (CPU), workstation or portable that is owned or controlled by Licensee.2. Restrictions. This License sets forth the terms and conditions governing the use of the Software and documentation. Licensee may not rent, lease or otherwise transfer the Software or its documentation. Licensee may make one back-up copy of the Software. The Software contains copyrighted material, trade secrets and other proprietary material. Licensee must reproduce on all such copies of the Software the copyright notices and any other proprietary legends that were on the original copy of the Software. Licensee shall not, without the prior written permission of QUALCOMM, nor permit anyone else to, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human perceivable form, or to modify, network, rent, lease, loan, distribute, or create derivative works based upon the Software or the documentation in whole or in part or transmit the Software over a network or from one computer to another. Notwithstanding, if the Software is lawfully acquired outside of the United States within a jurisdiction which is a member of European Economic Community (EEC) subject to the EEC Council Directive of May 14, 1991, Licensee agrees that within that jurisdiction it shall not, and shall not allow any party on LicenseeÕs behalf, to attempt to reverse engineer or decompile the Software into another computer language, except as expressly and specifically provided in the EEC Council Directive of May 14, 1991. Any and all information obtained during such lawful reverse engineering and/or decompiling activities, including but not limited to, the organization, logic, algorithms and processes of the Software, shall be deemed to be the confidential and proprietary information of QUALCOMM or its Licensors. Licensee shall not make copies of the copyrighted Software documentation without the prior written permission of QUALCOMM provided that for electronic transactions, Licensee may make one (1) hard copy of such documentation.3. Technical Support. Licensee must register in order to be eligible for technical support via telephone or electronic mail. For a period of ninety (90) days, commencing with the date of LicenseeÕs first telephone call requesting support, Licensee will have access to technical support for the Software for the technical contact designated on the product registration card included with this package or specified via electronic mail registration, subject to LicenseeÕs compliance with QUALCOMMÕs instructions for accessing such support and standard verification procedures. Upon the expiration of the above-described ninety (90) day period, Licensee may extend technical support on a per-incident or annual fee basis in accordance with QUALCOMM's then-current pricing and terms. Upgrades to the Software and its documentation, if any, are not included and may be sold separately. 4. Termination. This License is effective until terminated. Licensee may terminate this License at any time by destroying all copies of the Software and its documentation. This License will terminate immediately without notice from QUALCOMM if Licensee fails to comply with any provision of this License. Upon termination, Licensee must destroy all copies of the Software and its documentation. In addition, Apple Computer, Inc. reserves the right to terminate the license of the Newton Internet Enabler version 1.0 (hereafter ÒApple SoftwareÓ), provided as part of the Software, if a new version of the Newton¨ Operating System is released which is incompatible with the Apple Software.5. Export Law Assurances. Licensee agrees and certifies that neither the Software nor any other technical data received from QUALCOMM, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by Licensee outside of the United States, Licensee agrees that Licensee will not re-export the Software nor any other technical data received from QUALCOMM, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which Licensee obtained the Software. The Software may not be exported to any of the following countries: Cuba, Iran, Iraq, Libya, North Korea, or Syria. Licensee represents and warrants that it is not located in, under control of, or a national or resident of any of these countries and is not on the U.S. Treasury DepartmentÕs list of Specially Designated Nationals or the U.S. Department of CommerceÕs Table of Denial Orders.6. Government End Users. If Licensee is acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Software is supplied to the Department of Defense (DOD), the Software is classified as Commercial Computer Software and the Government is acquiring only the rights in the Software and its documentation set forth herein as provided in Section 227.7202 of the DFARS; and (ii) if the Software is supplied to any unit or agency of the United States Government other than DOD, the GovernmentÕs rights in the Software and its documentation will be as set forth herein pursuant to Section 12.212 of the FAR. Notwithstanding anything to the contrary herein, if the Apple Software is supplied to the United States Government, the Apple Software is classified as Òrestricted computer softwareÓ as defined in clause 52.227-19 of the FAR. The United States GovernmentÕs rights to the Apple Software are as provided in clause 52.227-19 of the FAR.7. Limited Warranty on Media. QUALCOMM warrants, with respect to any Software which is purchased on diskette, that the diskettes on which the Software is recorded will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase. QUALCOMMÕs entire liability and LicenseeÕs exclusive remedy will be replacement of diskettes not meeting QUALCOMMÕs limited warranty and which are returned to the place of purchase within such warranty period. QUALCOMM will have no responsibility to replace a diskette damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE DISKETTES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.8. Disclaimer of Warranty. Licensee expressly acknowledges and agrees that the use of the Software and its documentation is at LicenseeÕs sole risk. The Software, documentation, and technical support are provided AS IS and without warranty of any kind. Information regarding third party services, if any, is provided as a convenience only, without warranty by QUALCOMM, and will be governed solely by the terms agreed upon between Licensee and the third party providing such services. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, QUALCOMM AND QUALCOMMÕS LICENSOR(S) (FOR THE PURPOSES OF PROVISIONS 8 AND 9, QUALCOMM AND QUALCOMMÕS LICENSOR(S) SHALL BE COLLECTIVELY REFERRED TO AS QUALCOMM) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. QUALCOMM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEEÕS REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, QUALCOMM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR ITS DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QUALCOMM OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY.9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL QUALCOMM, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ITS DOCUMENTATION, EVEN IF QUALCOMM OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.In no event shall QUALCOMMÕs total liability to Licensee for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount paid by Licensee for the Software and its documentation.10. No Waiver or Assignment. No delay or failure to take action under this License will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of QUALCOMM, and no single waiver will constitute a continuing or subsequent waiver. This License may not be assigned, sublicensed or otherwise transferred by Licensee, by operation of law or otherwise, without QUALCOMMÕs prior written consent, provided that Licensee may assign this License upon written notice to QUALCOMM in instances in which such assignment is to an entity which acquires all or substantially all of the business of Licensee, whether by merger, consolidation, or acquisition of assets.11. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.12. Entire Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and its documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. There shall be no contract for purchase or sale of the Software except upon the terms and conditions specified herein. Any additional or different terms or conditions proposed by Licensee or contained in any purchase order are hereby rejected and shall be of no force and effect unless expressly agreed to in writing by QUALCOMM. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of QUALCOMM.Eudora¨ is a registered trademark of QUALCOMM Incorporated.Newton¨ is a registered trademarks of Apple Computer, Inc.QUALCOMM¨ is a registered trademark and a registered service mark of QUALCOMM Incorporated.All other trademarks are the property of their respective owners.Rev: 103196