Note Wonder 1.51

End User License Agreement

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE YOU USE THIS SOFTWARE. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE BUTTON LABELED "I ACCEPT" THAT IS DISPLAYED BELOW. IF YOU DO NOT AGREE TO THIS LICENSE, CLICK THE BUTTON LABELED "CANCEL" AND REMOVE ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER.

LICENSE GRANT

The floppy disk package, CD-ROM package, and/or downloadable installation file contains Note Wonder ("Software") and related explanatory written materials ("Documentation"). "Software" includes any upgrades, modified versions, updates, additions and copies of Note Wonder.

End User License Agreement

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE YOU USE THIS SOFTWARE. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE BUTTON LABELED "I ACCEPT" THAT IS DISPLAYED BELOW. IF YOU DO NOT AGREE TO THIS LICENSE, CLICK THE BUTTON LABELED "CANCEL" AND REMOVE ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER.

LICENSE GRANT

The floppy disk package, CD-ROM package, and/or downloadable installation file contains Note Wonder ("Software") and related explanatory written materials ("Documentation"). "Software" includes any upgrades, modified versions, updates, additions and copies of Note Wonder.

"Fully Licensed Version" , "Fully Licensed Copy", "Registered Copy" or "Registered Version" means a copy of the Software for which a license fee has been paid.

"Evaluation Version" , "Evaluation Copy", "Trial Version" or "Trial Copy" means a copy of the Software limited to the entry of eight (8) notes and for which NO license fee has been paid.

"You" means the person or company who is being licensed to use the Software or Documentation. "We", "us", and "our" means Forty Software, L.L.C.

Note Wonder(TM) is not free software. We hereby grant you a nonexclusive license to use the Evaluation Version without charge for an unlimited time. If you wish to use the Software to enter more than the eight (8) notes, you must purchase the Fully Licensed Version. It is a violation of this license and of U.S. and International Copyright Laws to use the Evaluation Version of the Software to enter more than eight (8) notes.

TITLE

We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation").

ARCHIVAL OR BACKUP COPIES

You may copy the Software for back-up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.

THINGS YOU MAY NOT DO

The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material--for example a book. You may not:

- copy the Documentation

- copy the Fully Licensed Version except to make archival or backup copies as provided above

- modify or adapt the Software or merge it into another program

- reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,

- place the Fully Licensed Version onto a server so that it is accessible via a pubic network such as the Internet, or

- sublicense, rent, lease or lend any portion of the Software or Documentation.

DISTRIBUTION

We hereby grant you a nonexclusive license to make unmodified copies of the Evaluation Version of the Software and Documentation for the purpose of distributing it via electronic means: World Wide Web, Online Services such as CompuServe, America Online, etc., FTP, Bulletin Board Systems. You are specifically prohibited from charging or requesting donations for any such copies, however made. You are also prohibited from distributing the Software and/or Documentation with other products or services (commercial or otherwise) without obtaining prior written permission from us.

TRANSFERS

You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, update and prior versions to such person or entity and that you retain no copies, including copies stored on computer.

LIMITED WARRANTY

We warrant that for a period of 90 of days after delivery of this copy of the Software to you:

- the media on which this copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and

- the Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITED REMEDY

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:

- return the price you paid, or

- repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TERM AND TERMINATION

This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.

CONFIDENTIALITY

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

U.S. GOVERNMENT RESTRICTED RIGHTS

The Software and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Forty Software, L.L.C. at 14 Bond Street, Suite 250, Great Neck, NY 11021-2045.

GENERAL PROVISIONS

1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.

2. This license agreement may be modified only by a writing signed by you and us.

3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

4. This license agreement is governed by the laws of the state of New York.

5. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.