﻿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 15 day license for use of this  
software starting from the date of receipt. After the 15 day license  
expires, MacJournal must be licensed from Mariner Software Inc. with  
appropriate compensation and registration forms.

UNDER NO CIRCUMSTANCES MAY THE SOFTWARE BE USED BEYOND THE FREE 15  
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.
