Sol Free License

smallWare Solitaire Free version 3.5 for Palm OS^®

License Agreement

Please read the following terms and conditions before using the SOFTWARE. Use of the SOFTWARE indicates you accept the terms of this license agreement and warranty.

DEFINITIONS

The term "SOFTWARE" includes all software distributed with this License including smallWare Solitaire Free, smallWare Solitaire Manual, and all documentation. The SOFTWARE is licensed to you under the terms specified in the License Grant below. smallWare ("SMALLWARE") owns all copyright, trade secret, patent, trademarks and other proprietary rights in the SOFTWARE.

LICENSE GRANT

Any number of copies of the SOFTWARE may be installed on any number of Palm OS handhelds at any time. You are hereby licensed to make as many copies of the SOFTWARE as you wish, give exact copies of the SOFTWARE to anyone, and distribute the SOFTWARE in its unmodified form via electronic means. You are specifically prohibited from charging, or requesting donations, for any such copies, however made, and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written permission.

GOVERNING LAW

This agreement shall be governed by the laws of the State of Mississippi.

DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. Good data processing practice dictates that any new program should be thoroughly tested by the user with non-critical data before relying on it. The user must assume the entire risk of using the program. SMALLWARE does not warrant that the SOFTWARE will meet your requirements or that operation of the SOFTWARE will be without interruption, or that the SOFTWARE will be error-free, or that defects in the SOFTWARE will be corrected.

DISCLAIMER OF LIABILITY

IN NO EVENT SHALL SMALLWARE BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES INCLUDING ANY LOSS OF PROFITS, OR LOSS OF SAVINGS, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SMALLWARE HAS KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE. 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. HOWEVER, IN NO CASE SHALL SMALLWARE'S LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE.

GENERAL

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this LICENSE AGREEMENT, which shall remain valid and enforceable according to its terms. This LICENSE AGREEMENT may only be modified by a license addendum which accompanies this license of an upgrade to the SOFTWARE, or by a written document that has been signed by both you and an officer of SMALLWARE. This license automatically terminates if the licensee violates any of the terms of this LICENSE AGREEMENT.