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. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED. End User License Agreement - Single User 1. DEFINITIONS The term "SOFTWARE" includes all software distributed with this License including HourzPro, ExpenzPro, Reportz, ZoskSync, ZoskConfig and all documentation. The "SOFTWARE" is licensed to you under the terms specified in the License Grant below. Zoskware ("ZOSKWARE") owns all copyright, trade secret, patent, trademarks and other proprietary rights in the SOFTWARE. 2. AGREEMENT This ZOSKWARE License Agreement ("LICENSE AGREEMENT") is a legal agreement between you (an entity or a person) and ZOSKWARE for use of the SOFTWARE, which includes computer software and electronic documentation. 3. PROPERTY The SOFTWARE which accompanies this license is the property of ZOSKWARE and is protected by copyright law and international copyright treaties, as well as other intellectual property laws and treaties. ZOSKWARE retains all intellectual property rights including, but not limited to, patent, trademark, copyright, and trade secret rights in the SOFTWARE. 4. LICENSE GRANT ZOSKWARE grants you the right to install the PalmOS portions of the SOFTWARE on a single PalmOS device at any one time. ZOSKWARE grants you the right to install the Windows95/NT portions of the SOFTWARE on a single computer at any one time. You may use the SOFTWARE at home, at work or on another computer provided that you, the licensee only use one copy at a time, and for your own benefit. You must purchase a license for each additional user. After written notice to ZOSKWARE you may transfer the entire SOFTWARE to another person or entity, but only if you keep no copies, and the transferee agrees to abide by the terms of this LICENSE AGREEMENT. 5. LIMITED WARRANTY THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ZOSKWARE DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES. ZOSKWARE warrants that the physical media on which the SOFTWARE is distributed will be free of defects in materials and workmanship for a period of 30 days from the date of delivery of the SOFTWARE to you. ZOSKWARE's entire liability and your exclusive remedy for ZOSKWARE'S liability of any kind shall be a replacement of the defective media. To obtain a replacement, you must return the entire package, along with your receipt, to the place of purchase within the 30 day warranty period. ZOSKWARE 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. The software is provided "AS IS" without warranty of any kind. ZOSKWARE disclaims all other warranties, either express or implied warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to the SOFTWARE and the accompanying documentation. 6. DISCLAIMER OF LIABILITY IN NO EVENT SHALL ZOSKWARE 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 ZOSKWARE 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 ZOSKWARE'S LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE. 7. 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 FAR Sections 52-227-14 and 52-227-19 or DFARS Section 52-227-7013 (c)(1)(ii), as applicable. 8. GENERAL This agreement must be construed -- and its performance enforced -- under California law. 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. 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. 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 ZOSKWARE. This license automatically terminates if the licensee violates any of the terms of this LICENSE AGREEMENT. 9. ADDITIONAL INFORMATION If you have any questions regarding this AGREEMENT, or if you wish to contact ZOSKWARE for any reason, please send e-mail to legal@zoskware.com.