LICENSE AGREEMENT FOR: Newtopoly for the Newton Software and Documentation License PLEASE READ THIS LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE NEWTOPOLY FOR THE NEWTON SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD OR USE THE SOFTWARE OR DOCUMENTATION. 1. License. The software and/or documentation accompanying this License, whether on disk, on compact disc, in read only memory, online, or any other media, the related documentation and other materials are licensed, not sold, to you by Bernie Bernstone("BB"). The software in this package and any copies, modifications and distributions which this License authorizes you to make are subject to this License. The "look and feel" of the application, the distinctive Newtopoly Pieces and board and the custom code that creates that look and feel, are the exclusive copyright and property of the author, and may not be copied, used, or incorporated in other applications without the express written permission of Bernie Bernstone. The Newton bulb logo is an Apple copyright. 2. Permitted Uses and Restrictions. This License allows you to install and use the software on your Newton. Additionally, you may not upload the software to electronic bulletin boards, web sites, or otherwise distribute it on magnetic or optical media without our express consent. Your rights under this License will terminate automatically without notice from if you fail to comply with any term(s) of this License. 3. Updates. Bernie Bernstone shall have no obligation to provide you with future updates to the software licensed under this agreement. 4 . Disclaimer Of Warranty. You expressly acknowledge and agree that download and use of the software is at your sole risk. The software is provided "AS IS" and without warranty of any kind and Bernie Bernstone and his licensor(s) (for the purposes of Sections 7 and 8, Bernie Bernstone and his licensor(s) shall be collectively referred to as "BB") EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. BB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, BB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BB SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT BB OR AN AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE LICENSE FEES FOR THE SOFTWARE REFLECT THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 5. Limitation Of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL BB BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF BB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In addition, in no event shall BB's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence or otherwise) exceed the amount paid for this License. 6. Copyright & Trademark. (a) As a condition of BB's license grant, you shall not remove any copyright notices or proprietary legends contained within the software. 7. Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by BB. Bernie Bernstone bbernstone@geocities.com http://www.bernieb.com/newton