WARRANTY AND LICENSE AGREEMENT

Definition of terms

The term "APPLICATION" refers to ControlRemote program. The term "AUTHOR" refers to Mattias Lindberg, e-mail: mattias.lindberg@gmail.com. The term "FREE APPLICATION PACKAGE" refers to a single compressed APPLICATION installation file (usually titled as "ControlRemote-setup.exe") distributed by AUTHOR on the Internet site projects.mattiasosara.com.

Copyright notice

ControlRemote™ is Copyright © 2006-2007, Mattias Lindberg. All Rights Reserved. ControlRemote is a Trademark of Mattias Lindberg. The APPLICATION is protected by the copyright laws of Sweden, the United States and international copyright treaties.

License agreement

The APPLICATION is free for personal use only. You may freely distribute the APPLICATION to others only in the original and unmodified FREE APPLICATION PACKAGE but you may not charge any fee for the distribution thereof regardless of the distribution media and costs. Such distribution on any tangible media is limited to one hundred (100) copies in any twelve (12) month period. All use and distribution of the APPLICATION beyond these terms must be licensed by AUTHOR in a special licensing arrangement. Special licensing arrangement is necessary for organizations using the APPLICATION on multiple computers or in network environments.

Ownership

Title, ownership rights and intellectual property rights in and to the APPLICATION shall remain a property of AUTHOR. This Agreement does not include the right to copy or sublicense the APPLICATION and is personal to you and therefore may not be assigned (by operation of law or otherwise) or transferred without the prior written consent of AUTHOR. You acknowledge that the APPLICATION in source code form remain a confidential trade secret of AUTHOR and/or his suppliers and therefore you agree not to attempt to decipher, decompile, disassemble or reverse engineer the APPLICATION or allow others to do so, except to the extent applicable laws specifically prohibit such restriction. You further agree not to modify or create derivative works of the APPLICATION.

Disclaimer of warranty

The APPLICATION 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 APPLICATION is borne by you. Should the APPLICATION prove defective, you and not AUTHOR assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME STATES 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 FROM STATE TO STATE OR BY JURISDICTION.

Limitation of liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AUTHOR OR HIS 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 AUTHOR BE LIABLE FOR ANY DAMAGES, EVEN IF AUTHOR 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 STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Termination

Either party may terminate this Agreement immediately in the event of default by the other party. Upon any termination of this Agreement, you shall immediately discontinue the use of the APPLICATION. You may also terminate this Agreement at any time by destroying the APPLICATION and all copies thereof. Your obligations to pay accrued charges and fees shall survive any termination of this Agreement.

Miscellaneous

This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND AUTHOR AGREES TO FURNISH THE APPLICATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement.

May 3, 2006