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Export Control Restrictions

You acknowledge that the Software is subject to the export control laws and regulations of the United States of America, including any amendments thereof, and may include technical data also subject to export and re-export restrictions imposed by U.S. law. You confirm you will not export or re-export the Software, directly or indirectly, either to:

1. any countries that are subject to U.S. export restrictions, or
2. any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or
3. any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.

The Evaluation License Agreement below governs your use of the M-Business Anywhere software. Please review, and if you agree to these terms, click the "I ACCEPT" button.

PLEASE READ CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF M-BUSINESS ANYWHERE DEVELOPER EDITION. IN THIS AGREEMENT, "IANYWHERE" MEANS IANYWHERE SOLUTIONS, INC. AND "CUSTOMER" MEANS YOU OR THE ENTITY YOU REPRESENT AND ON WHOSE BEHALF YOU ARE AUTHORIZED TO ACT. YOU WILL BE ASKED TO ACCEPT THE AGREEMENT BEFORE YOU CONTINUE THE DOWNLOAD PROCESS. IF YOU OBJECT TO ANY OF THE TERMS OF THE AGREEMENT, YOU MAY CHOOSE NOT TO PROCEED. HOWEVER, IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE ALLOWED TO DOWNLOAD THE PROGRAM. YOUR DOWNLOAD, INSTALLATION, ACCESS OR USE OF THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL TERMS SET FORTH IN THIS AGREEMENT. NOTE: THIS AGREEMENT GRANTS YOU THE LIMITED RIGHT TO USE THE PROGRAM FOR INTERNAL EVALUATION AND DEVELOPMENT PURPOSES ONLY AND IS LICENSED ON AN ?AS IS? BASIS. ALTHOUGH M-BUSINESS ANYWHERE DEVELOPER EDITION MAY BE AVAILABLE AT NO CHARGE, THE PROGRAM IS NOT TRANSFERABLE. THEREFORE, YOU AGREE NOT TO DISTRIBUTE, SUBLICENSE, OR OTHERWISE TRANSFER THE PROGRAM TO (OR ALLOW THE USE OF THE PROGRAM BY) ANY THIRD PARTY. 1. DEFINITIONS "Documentation" - installation instructions and user manuals supplied with the Program. "Machine" - a single computer hardware system listed in the Exhibit A or Purchase Order running a single copy of the Operating System Software. "Operating System Software" - the operating system software listed in the Exhibit A or Purchase Order applicable to the relevant copy of the Program. "Price List" - iAnywhere?s then current price list for the country in which the Program is to be Used. "Primary Copy" - a licensed copy of the Program provided by iAnywhere, including a copy provided initially as a trial copy. "Program" - the object code version of the software product(s) listed in the Exhibit A or Purchase Order or downloaded. "Purchase Order" - a purchase order or other purchase authorizing document issued by Customer for iAnywhere products and/or services and accepted by iAnywhere, as confirmed by an iAnywhere invoice. "Seat" - a specific identifiable unique accessor of information such as an electronic handheld computing device, terminal, PC, single user workstation or real time device. "Secondary Copy" - a licensed copy of the Program reproduced by Customer from the Primary Copy. "Use" - to load, access, utilize, or store the Program. "Updates" means error corrections, maintenance releases and Major Releases of the Program made available to iAnywhere customers under certain iAnywhere Support plans. 2.LICENSE 2.1 iAnywhere grants to Customer the following non-exclusive, nontransferable, perpetual license: Customer is authorized to Use the server component of the Program on one (1) Machine (use of the server component of the Program on additional Machines requires the purchase of additional licenses), and to permit three (3) Seats of the client component of the Program to access the server component of the Program solely for the purposes of internal evaluation, development and testing of the Program and applications compatible with the Program by Customer. If multiplexing software or hardware (e.g., a TP monitor or application server product) is used by Customer, the number of Seats shall include all inputs to the multiplexing front end. 2.2 Customer may make a reasonable number of copies of each Program exclusively for inactive back-up or archival purposes. For its own use, Customer may make copies of the Documentation delivered by iAnywhere or may purchase copies at the prices in the Price List. If Customer's Support plan entitles Customer to Updates, the license shall also extend to each Update. A Program may be transferred to another Machine, site or Operating System Software only upon written notice to iAnywhere and subject to iAnywhere?s transfer policies and fees then in effect. 2.3 Customer shall not modify, reverse engineer, reverse assemble or reverse compile any Program or part thereof, except Customer may modify data file portions of the Program as described in the Documentation. Except as otherwise mutually agreed in writing, Customer may not distribute, rent, lease, sublicense or transfer the Program to any third party, Use the Program in a service bureau or time-sharing arrangement, or otherwise allow direct or indirect Use (including over the internet) of the Program by any third party (except consultants performing services for Customer's benefit as expressly permitted in Section 5 hereof). The Program contains SWS Technology developed by Research In Motion (RIM). Customer shall not access or utilize the SWS Technology unless Customer is a party at all times to a valid BlackBerry End-User Agreement with RIM. Should Customer at any time cease to be a party to a valid BlackBerry End-User Agreement with RIM, the rights granted under this Agreement with respect to the SWS Technology shall immediately cease and Customer agrees it shall immediately cease all use of the SWS Technology. 2.4 Upon acceptance of this Agreement, iAnywhere shall ship each Primary Copy to Customer or will provide an access code permitting Customer to download such Primary Copy. Customer, at its own expense, shall be responsible for installing the Program and all Updates. 2.5 No more often than annually, iAnywhere may, upon reasonable notice and at its expense, audit during business hours the number of copies of the Program in Use and Customer's compliance with the applicable usage limitations set forth herein. The auditors shall protect the confidentiality of Customer's information and abide by Customer's reasonable security regulations. If the Use of the Program is found to be greater than that contracted for, Customer will be invoiced for the additional amounts due based upon the prices set forth in the Price List. 3. PAYMENT Any payment due to iAnywhere or its assigns under this Agreement shall be made within 30 calendar days of the invoice date. Customer will pay all applicable shipping and handling charges and sales, use, personal property or similar taxes, tariffs or governmental charges, exclusive of those based upon iAnywhere?s income and corporate franchise taxes. Customer will reimburse iAnywhere for all reasonable costs incurred (including reasonable attorneys? fees) in collecting past due amounts. 4. SUPPORT AND TECHNICAL SERVICES 4.1 Customer is not entitled to any maintenance, technical support services or any updates or new versions of the Program in connection with this developer license. Maintenance and support may be obtained for a fee. 5. CONFIDENTIALITY "Confidential Information" shall include the Program (including methods or concepts utilized therein) and all information identified by the disclosing party as proprietary or confidential. Confidential Information shall remain the sole property of the disclosing party and shall not be disclosed to any third party without the express written consent of the disclosing party; except that Customer may disclose Confidential Information to consultants performing services for Customer?s benefit, provided that such consultants are bound by a written non-disclosure agreement with Customer protecting such Confidential Information in a manner consistent with this Agreement. Except with respect to the Program, items will not be deemed Confidential Information if (i) available to the public other than by a breach of an agreement with iAnywhere; (ii) rightfully received from a third party not in breach of any obligation of confidentiality; (iii) independently developed by one party without access to the Confidential Information of the other; (iv) known to the recipient at the time of disclosure; or (v) produced in compliance with applicable law or a court order, provided the other party is given reasonable notice of such law or order. A copyright notice on a Program does not, by itself, constitute evidence of publication or public disclosure. Customer shall not release the results of any benchmark of the Program to any third party without the prior written approval of iAnywhere for each such release. 6. INFRINGEMENT INDEMNITY iAnywhere at its own expense shall (i) defend, or at its option settle, any claim or suit against Customer on the basis of infringement of any trademark, copyright, trade secret or United States patent ("Intellectual Property Rights") by the Program or Use thereof, and (ii) pay any final judgment entered against Customer on such issue or any settlement thereof, provided (a) iAnywhere has sole control of the defense and/or settlement; (b) Customer notifies iAnywhere promptly in writing of each such claim or suit and gives iAnywhere all information known to Customer relating thereto, and (c) Customer cooperates with iAnywhere in the settlement and/or defense. (Customer shall be reimbursed for all reasonable out-of-pocket expenses incurred in providing any cooperation requested by iAnywhere.) If all or any part of the Program is, or in the opinion of iAnywhere may become, the subject of any claim or suit for infringement of any Intellectual Property Rights, iAnywhere may, and in the event of any adjudication that the Program or any part thereof does infringe or if the Use of the Program or any part thereof is enjoined, iAnywhere at its option and expense, shall: (1) procure for Customer the right to Use the Program or the affected part thereof; (2) replace the Program or affected part; (3) modify the Program or affected part to make it non-infringing; or (4) refund the aggregate payments made by Customer for the Program or the affected part thereof. iAnywhere shall have no obligation under this Section 6 to the extent a claim is based upon (A) Use of any version of the Program other than a current, unaltered version, if infringement would have been avoided by a current, unaltered version; or (B) combination, operation or Use of the Program with software and/or hardware not delivered by iAnywhere if such infringement could have been avoided by combination, operation or Use of the Program with other software and/or hardware. This Section 6 states the entire liability of iAnywhere and the exclusive remedy of Customer with respect to any infringement or alleged infringement by the Program or any part thereof. 7. PROPRIETARY RIGHTS AND NOTICES The Program, Documentation and all copies (in whole or part) shall remain the exclusive property of iAnywhere and its licensors. The Program and Documentation are proprietary and are protected by copyright and/or trade secret law. All proprietary notices incorporated in or fixed to a Program or Documentation shall be duplicated by Customer on all copies or extracts thereof and shall not be altered, removed or obliterated. 8. WARRANTY/LIMITATIONS ON LIABILITY 8.1 The Program is provided AS IS, without any warranty whatsoever. IANYWHERE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, AND CONDITIONS OF MERCHANTABLE QUALITY, WHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE PROGRAM, DOCUMENTATION, SUPPORT OR OTHER SERVICES RELATED TO THE PROGRAM. NO WARRANTY IS MADE REGARDING THE RESULTS TO BE OBTAINED FROM ANY PROGRAM OR SERVICES, THAT THE PROGRAM WILL BE ERROR FREE, THAT ALL ERRORS IN THE PROGRAM WILL BE CORRECTED, OR THAT THE PROGRAM?S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE YOUR RESPONSIBILITY TO (a) REGULARLY BACK UP DATA, AND (b) ADEQUATELY TEST PROGRAM PRIOR TO DEPLOYMENT (IF A DEPLOYMENT LICENSE IS OBTAINED). Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. 8.2 The Program is not fault-tolerant and is not designed, manufactured or intended for Use or resale in the on-line control of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Program could lead directly to death, personal injury, or severe physical or environmental damage and iAnywhere and its suppliers specifically disclaim any express or implied warranty of fitness for such purposes. 8.3 THE TOTAL LIABILITY, IF ANY, OF IANYWHERE AND ITS AFFILIATES, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, CLAIMS BY THIRD PARTIES OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY CUSTOMER FOR THE PROGRAM(S) OR SERVICES WHICH GIVE RISE TO THE CLAIM OR FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER. IANYWHERE?S LICENSORS SHALL NOT BE LIABLE FOR DIRECT DAMAGES HEREUNDER. NEITHER IANYWHERE NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE FOR LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations and exclusions may not apply to you. 9. TERMINATION This license is effective until terminated. You may terminate it at any time by destroying the Program(s) and Documentation. This license will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the Program(s) and Documentation. All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement. Upon termination of this Agreement, all licenses granted hereunder shall terminate, Customer shall cease Using the Program and Documentation (whether or not modified or merged into other materials) and Customer shall certify in writing to iAnywhere that all copies (in any form or media) have been destroyed or returned to iAnywhere. Termination shall not relieve Customer from paying all fees accruing prior to termination and shall not limit either party from pursuing any other available remedies. Sections 5, 6, 7, 8, 9 and 10 shall survive termination of this Agreement. 10. GENERAL 10.1 Neither this Agreement nor any license hereunder may be assigned (whether by operation of law or otherwise) by Customer without iAnywhere?s prior written consent. 10.2 This Agreement is the entire agreement of the parties and supersedes all previous and contemporaneous communications, representations, or agreements regarding the subject matter hereof. This Agreement may be modified only in writing signed by both parties. 10.3 Customer shall not transfer, directly or indirectly, any restricted Program or technical data received from iAnywhere or its affiliates, or the direct product of such data, to any destination or entity subject to export restrictions under U.S. law, unless prior written authorization is obtained from the appropriate U.S. agency. 10.4 No delay or default in performance of any obligation by either party, excepting all obligations to make payments, shall constitute a breach of this Agreement to the extent caused by force majeure. 10.5 All notices relating to this Agreement shall be in writing and delivered by overnight delivery service or first class prepaid mail with return receipt requested, to the address of such party (in the case of iAnywhere to the attention of its General Counsel) or the address specified by such party in accordance with this Section. 10.6 The Program is restricted commercial computer software. If this license is acquired under a U.S. Government contract, Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement or in a written license agreement which incorporates applicable FAR provisions, for example FAR subparagraphs 52.227-19. iAnywhere reserves all unpublished rights under the United States copyright laws. 10.7 If any provision of this Agreement is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision which approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of this Agreement shall not be deemed a waiver of such term. 10.8 THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF CALIFORNIA EXCLUDING ITS CONFLICT OF LAWS RULES. IT SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS, THE APPLICATION OF WHICH IS EXPRESSLY EXCLUDED.

Click the RESET button if you do not agree to the export restrictions outlined above.