TimeTally! Signature Software Ltd. Software License: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY DESTROY ALL COPIES OF THE SOFTWARE. 1. License. The software accompanying this License whether on disk, in read only memory, or on any other media (the ÒSignature SoftwareÓ) is licensed, not sold, to you by Signature Software Ltd. (ÒSSLÓ). SSL retains title to the Signature Software. The Signature Software in this package and any copies which this License authorizes you to make are subject to this License. 2. Permitted Uses and Restrictions. This License allows you to install and use the Signature Software on one Newton device and use it with no time limit. Backup copies may be made of the package as necessary to ensure that the software is not accidentally misplaced. 3. Disclaimer Of Warranty. You expressly acknowledge and agree that use of the Signature Software is at your sole risk. The Signature Software is provided ÒAS ISÓ and without warranty of any kind and SSL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SSL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SIGNATURE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SIGNATURE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SIGNATURE SOFTWARE WILL BE CORRECTED. FURTHERMORE, SSL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SIGNATURE SOFTWARE OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SHOULD THE SIGNATURE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SSL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE LICENSE FEES FOR THE SIGNATURE SOFTWARE REFLECT THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 4. Limitation Of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL SSL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SIGNATURE SOFTWARE, EVEN IF SSL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall SSL's total liability to you for all damages, losses, and causes of action exceed the amount paid for this License. 7. Controlling Law and Severability. This License shall be governed by the laws of Canada and the Province of Alberta. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Signature Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by an authorized representative of SSL.