HANDS HIGH SOFTWARE LICENSE AGREEMENT This is a legal agreement between you and Hands High Software covering your use of AirMilesª Trial Version. Be sure to read the following agreement before using the software. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF IT. This Hands High End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Hands High Software. By installing, copying, or otherwise using AirMilesª Trial Version ("the Software") on any computer or device, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to use the Software. TERMS This software is distributed as trial software. Hands High software grants you a non-exclusive license to use the Software for a period of 14 days for evaluation purposes. After 14 days, you are required to remove the Software from your computer and/or device. Hands High Software sells and distributes a "release" version of this product, which you may purchase on the Internet at . WARRANTY The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you, and not Hands High Software assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. DISTRIBUTION Commercial distribution of the Software is not allowed without permission of Hands High Software. Contact Hands High Software for details on obtaining a license. Non-commercial distribution is permitted, provided that this license accompanies the Software and all users agree to the terms of this license agreement. You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software. You may not copy the Software other than as specified above. You may not rent, lease, grant a security interest in, or otherwise transfer rights to the Software. You may not remove any proprietary notices or labels on the Software. You must maintain all copyright notices on all copies of the Software. TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in Hands High Software. The Software is protected by the copyright laws and treaties of the United States. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation. EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL HANDS HIGH SOFTWARE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL HANDS HIGH SOFTWARE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT HANDS HIGH SOFTWARE RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF HANDS HIGH SOFTWARE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Hands High Software and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. MISCELLANEOUS. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to Hands High Software's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Hands High Software, 1290 Cypress Street, East Palo Alto, CA 94303.