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Think Outside End User License Agreement for Keyboard Software

This is a legal agreement ("Agreement") between you (either an individual or an entity) as the end user ("Recipient") and Think Outside, Inc. ("Think Outside"). 

READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE AND/OR INSTALLING, COPYING AND/OR OTHERWISE USING THE ACCOMPANYING SOFTWARE AND/OR RELATED DOCUMENTATION AND MATERIALS (THE "SOFTWARE"), YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE. 

IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE. 

1. Grant of License. Think Outside grants Recipient a limited, non-exclusive, nontransferable, royalty-free license to use the Software SOLELY WITH THE STOWAWAY(tm) PORTABLE KEYBOARD AND/OR THE PALM PORTABLE KEYBOARD for personal and lawful end use. Think Outside does not transfer title to the Software to Recipient; this license shall not be considered a "sale" of the Software. All other rights are reserved to Think Outside except as expressly provided herein. 

2. Restrictions. Recipient shall not rent, lease, sell, sublicense, assign, or otherwise transfer the Software, including any accompanying printed materials, except as expressly permitted by this Agreement. Recipient may not reverse engineer, decompile or disassemble the Software except to the extent that this restriction is expressly prohibited by applicable law. Think Outside and its suppliers shall retain title and all ownership rights to the Software and all derivative works thereof. No right, title or interest in or to any trademark, service mark, logo or trade name of Think Outside or its licensors is granted under this Agreement. 

3. Termination. This Agreement is effective until terminated. Recipient may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately without notice from Think Outside if Recipient fails to comply with any provision of this Agreement. Upon termination of this Agreement, Recipient must destroy all copies of the Software. 

4. Maintenance. Think Outside is not obligated to provide maintenance, technical support, or updates to Recipient for the Software licensed under this Agreement. 

5. Disclaimers of Warranty. To the maximum extent permitted by applicable law, Think Outside and its suppliers provide the Software and any (if any) support services related to the Software ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Software, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS WITH RECIPIENT. THINK OUTSIDE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. 

6. Exclusion of Incidental, Consequential, and Certain Other Damages. To the maximum extent permitted by applicable law, in no event shall Think Outside or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software and/or the keyboard, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of Agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Think Outside or any supplier, even if Think Outside or any supplier has been advised of the possibility of such damages. 

7. Limitation of Liability and Remedies. Notwithstanding any damages that Recipient might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Think Outside and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by Recipient for the Software or U.S. $5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 

8. Governing Law, Attorneys' Fees. This Agreement shall be construed and controlled by the laws of the State of California, and Recipient consents to the exclusive jurisdiction and venue in the federal courts sitting in Los Angeles County, California, unless no federal subject matter jurisdiction exists, in which case Recipient consents to the jurisdiction and venue in the Superior Court of Los Angeles County, California. Recipient waives all defenses of lack of personal jurisdiction and forum nonconveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either Think Outside or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. 

9. U.S. Government Restricted Rights. All copies of the Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All copies of the Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 

10. Export Restrictions. Recipient agrees that Recipient will not export or re-export the Software to any country, person or entity subject to U.S. export restrictions. Recipient specifically agrees not to export or re-export the Software (i) to any country to which the U. S. has embargoes or restricted the export of goods or services which currently include but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Software back to such country; (ii) to any person or entity who Recipient knows or has reason to know will utilize the Software in the design, development or production of nuclear chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. 

11. Entire Agreement. This Agreement constitutes the complete and exclusive agreement between Think Outside and Recipient with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of Think Outside and 

12. Severability. If any provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived or amended to the extent necessary for the Agreement to be otherwise enforceable in such jurisdiction. 

13. Parties Bound. If Recipient is entering into this Agreement on behalf of an entity, then Recipient represents that he/she has authority to enter into this agreement on behalf of such entity. 

Should you have any questions concerning this Agreement, or if you desire to contact Think Outside for any reason, please write: Think Outside, Inc., 5790 Fleet Street, Suite 130, Carlsbad, California 92008-4700. 


Think Outside, Inc.
Keyboard Software End User License Agreement
July 12, 2001 3:16 PM la-450478
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