*** IMPORTANT ***

PLEASE READ CAREFULLY BEFORE CONTINUING WITH THIS INSTALLATION. BY INSTALLING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND LIMITATIONS OF THIS AGREEMENT

This is a legal agreement ("the Agreement") between the end user ("You") and Timothy A. Sawyer ("Developer"). This Agreement may be superseded by any written agreement signed by both You and Developer. This Agreement is part of a package (the "Package") that also includes a CD-ROM disk, file(s) downloaded via the Internet or sealed diskettes (collectively, the "Disk") and certain Documentation.

1. DEFINITIONS:

(a) "Documentation" means the manuals, handbooks, and other written materials related to the use of the Developer Products, whether in hard copy or soft copy form, that are provided by Developer and that customarily accompany the Developer Products. 

(b) "MyBowlingDiary" means the Software, Database and Documentation provided under this Agreement. The terms "MyBowlingDiary" and Software are used interchangably in this document and should be construed to have the same meaning.


2. GRANT OF LICENSE. 

(A) Grant of License for MyBowlingDiary. Developer hereby grants, and You hereby accept, a limited non-transferable license to use MyBowlingDiary, in accordance with the instructions contained in the Documentation, limited to a single computer. You may make copies of the MyBowlingDiary for backup, testing, disaster recovery or archival purposes only. You may use this copy of the Software, free of charge, for the purpose of evaluating MyBowlingDiary for potential purchase. 

(B) This does not obligate You to purchase the software.

(C) Limitations on License Grant for MyBowlingDiary. You shall not cause or permit (i) access, (ii) copying (except as set forth in Section 2(A) herein), (iii) sublicensing or other dissemination of the MyBowlingDiary, in whole or in part, to any third party without the prior written consent of Developer. You shall not modify, enhance, translate, supplement, create derivative works from, reverse engineer, reverse compile or otherwise reduce the MyBowlingDiary to human readable form without the prior written consent of Developer. 

(D) You agree that at the end of the 14 day evaluation period that you will uninstall the software regardless of your decision to purchase the full copy of MyBowlingDiary.

3. OWNERSHIP AND COPYRIGHT. Developer owns the Developer Software and Documentation. All Developer Software and Documentation (including revisions, modifications and enhancements thereto) and any other specifications, documentation, ideas, know-how, techniques, processes, inventions or other intellectual property that may be developed, conceived and/or delivered by Developer under this Agreement, including all patents, copyrights and other intellectual property rights thereto, (collectively "Developer Property") shall be the sole and exclusive property of Developer or its suppliers, as applicable, and shall only be used by You as authorized herein. Such Developer Property is protected by patent and copyright laws and international treaty provisions and Developer intends that You will use such Developer Property only in accordance with the terms and conditions of this Agreement. 

You shall acquire no rights of any kind in or to any Developer trademark, service mark, trade name, logo or product designation under which the Developer Products were or are marketed and shall not make any use of the same for any reason except as expressly authorized by this Agreement or otherwise authorized in writing by Developer. You shall cease to use the markings, or any similar markings, in any manner on the expiration or termination of this Agreement.

4. NO WARRANTY. 

(A) MyBowlingDiary is provided "AS IS" and that Developer makes no warranty as to the Software. Developer DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO THE SOFTWARE, ITS USE OR ANY INABILITY TO USE IT, THE RESULTS OF ITS USE AND THIS AGREEMENT.

This warranty gives You specific legal rights. As some jurisdictions do not allow the exclusion of implied conditions or warranties, statutory or otherwise, the above exclusion may not apply to you and, as such, You may also have other rights that vary from jurisdiction to jurisdiction.

(B) You acknowledge that certain functionality that is available in the full version has been removed from the Demonstration version or has been limited.

5. LIMITATION OF LIABILITY. In no event shall Developer be liable for any damages, whether in contract or tort (including negligence), including but not limited to direct, consequential, special, exemplary, incidental and indirect damages, arising out of or in connection with this Agreement or the use, the results of use, or the inability to use the Software.

6. GENERAL. This Agreement constitutes the entire understanding between Developer and You with respect to the subject matter hereof. Any change to this Agreement must be in writing and signed by Developer and You. Terms and conditions as set forth in any purchase order which differ from, conflict with, or are not included in this Agreement, shall not become part of this Agreement unless specifically accepted by Developer in writing. You shall be responsible for and shall pay, and shall reimburse Developer on request if Developer is required to pay, any sales, use, value added (VAT), consumption or other tax (excluding any tax that is based on Developer's net income), assessment, duty, tariff, or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on the Developer Products. If any provision of this Agreement shall be held to be void or unenforceable in whole or in part, such provision, to the extent that it is held to be void or unenforceable, shall be deemed not to form part of this Agreement and the enforceability, legality and validity of the remainder of this Agreement will not be affected.

8. ASSIGNMENT. The licenses granted under this Agreement are non-transferable. Accordingly, You may not assign this Agreement, or any of Your rights or obligations hereunder, without the written consent of Developer, which consent shall not be unreasonably withheld.

9. FORCE MAJEURE. Neither party shall be held responsible for any delay or failure in performance of its obligations hereunder to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, act of terrorism or war, act of God, or other similar causes beyond its reasonable control and without the fault or negligence of the delayed or non-performing party.

10. COMMUNICATION: By providing your email address, you give the Developer permission to contact you via email for the purpose of communicating with you about MyBowlingDiary. Developer agrees to not disclose, sell or otherwise give your email address to a third party unless you have given the Developer express permission to do so, or if such disclosure is required by law.

11. GOVERNING LAW; ARBITRATION. This Agreement shall be governed by, and any arbitration hereunder shall apply, the laws of the State of New Hampshire, U.S.A.,