Private Notepad Mobile 1.0.0.0

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Software License Agreement for use and distribution of Private Notepad Mobile by Sunrise

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THANK YOU FOR LICENSING THE USE OF THE ACCOMPANYING SOFTWARE PRODUCT. IT IS IMPORTANT THAT YOU (THE "LICENSEE") READ THESE

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Software License Agreement for use and distribution of Private Notepad Mobile by Sunrise

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THANK YOU FOR LICENSING THE USE OF THE ACCOMPANYING SOFTWARE PRODUCT. IT IS IMPORTANT THAT YOU (THE "LICENSEE") READ THESE

TERMS CAREFULLY. THESE ARE THE ONLY TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE SOFTWARE PRODUCT. THE SOFTWARE

PRODUCT IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS.

ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS LICENSE AGREEMENT ARE RESERVED TO THE AUTHOR OR ITS LICENSORS. THE

SOFTWARE PRODUCT IS LICENSED, NOT SOLD.

This Software License Agreement (“License Agreement”) is a legal agreement between you (either an individual or a single

entity) and The Author (“Sunrise”) for the accompanying Software Product, which includes computer software and may include

associated media, printed materials, and “on-line” or electronic documentation (all referred to as the “Software

Product”). By installing, displaying, copying, accessing or otherwise using the Software Product, you, the Licensee, agree

to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not

install display, access or use the Software Product

1. GRANT OF LICENSE

Subject to the Licensee complying with these terms and in consideration of the Licensee’s obligations and undertakings in

this License Agreement Sunrise if hereby grants to Licensee a personal, non-exclusive, non-transferable license to use one

(1) copy of the Software Product, including any upgrades provided by Sunrise, according to these terms on a single

computer.

2. SCOPE OF USE

2.1 The Licensee may install, display, access and use one (1) copy of the Software Product on a single computer. The

primary user of the computer on which the Software Product is installed may make a second copy of the computer software

part of the Software Product for his or her exclusive use on a portable computer. The Licensee may store or install one

(1) copy of the Software Product on a storage device, such as a network server, only to install or run the Software

Product on other computers over an internal network and subject to Licensee first acquiring and dedicating a license for

each separate computer on which the Software Product is installed, displayed, accessed or used from the storage device.

The Software Product may not be shared or used concurrently on different computers. One (1) copy of the computer software

part of the Software Product may be made for back-up or archival purposes but that copy shall be used for no other

purpose.

2.2 The Software Product distribution package may be freely distributed provided the distribution package is not modified.

The Software product distribution package may not be bundled or distributed with any other package without written

permission of Sunrise.

3. PROHIBITIONS

Licensee shall not:-

3.1 modify or alter the whole or any part of the Software Product nor merge any part of it with another software product

nor separate any components of the Software Product from the Software Product nor, save to the extent and in the

circumstances permitted by law, create derivative works from, or, reverse engineer, decompile, disassemble or otherwise

derive source code from the Software Product or attempt to do any of these things

3.2 assign rent, transfer, sell, disclose, deal in, make available or grant any rights in the Software Product in any form

to any person without the prior written consent of Sunrise;

3.3 remove alter, obscure, interfere with or add to any proprietary notices, labels, trade marks, names or marks on,

annexed to, or contained within the Software Product;

3.4 use the Software Product in any manner that infringes the intellectual property or other rights of Sunrise or any

other party.

4.INTELLECTUAL PROPERTY RIGHTS AND TERMINATION

Licensee acknowledges that:

4.1 all title to the copyright and all other intellectual property rights in and to the Software Product, its accompanying

documentation and any copy made by Licensee are the exclusive property of and remain with Sunrise and/or its licensor(s),

4.2 the Software Product and all copies thereof are Sunrise's exclusive property and constitute confidential information

and a valuable trade secret of Sunrise.

4.3 failure to comply with any of the provisions of this License Agreement (each, a "Terminable Event"), will result in

automatic termination of this License Agreement and all licenses granted under this License Agreement and Licensee must

destroy all copies of the Software Product. In the event of a breach of this License Agreement by Licensee, Sunrise

reserves and shall have available all legal remedies.

5. LIMITED TERM OF LICENSE FOR TRIAL VERSION SOFTWARE

The License pertaining to a trial of the Software Product ("Trial Version") shall expire in accordance with the terms set

out in such Trial Version. On the expiration of the License for the Trial Version, Licensee will need to purchase a full

license of the Software Product to continue use. The expiration of the License for the Trial Version is 30 days after

the Software product as been initially installed onto a computer by the Licensee.

6. LIMITED WARRANTY AND DISCLAIMER

SUNRISE WARRANTS THAT FOR A PERIOD OF THIRTY (30) DAYS AFTER DELIVERY TO LICENSEE THE DISKETTES, CD-ROMS OR DVD-ROMS ON

WHICH THE COMPUTER SOFTWARE INCLUDED IN THE SOFTWARE PRODUCT IS SUPPLIED WILL, UNDER NORMAL USE, BE FREE FROM DEFECTS THAT

PREVENT LICENSEE FROM LOADING THE SOFTWARE PRODUCT ON TO A COMPUTER. SUNRISE'S ENTIRE LIABILITY AND LICENSEE'S EXCLUSIVE

REMEDY UNDER THIS WARRANTY WILL BE, AT SUNRISE'S OPTION, TO (A) USE REASONABLE COMMERCIAL EFFORTS TO ATTEMPT TO CORRECT OR

WORK AROUND ERRORS, OR (B) TO REPLACE THE SOFTWARE PRODUCT WITH A FUNCTIONALLY EQUIVALENT SOFTWARE PRODUCT, ON A DISKETTE,

CD-ROM OR DVD-ROM, AS APPLICABLE OR (C) RETURN THE PRICE PAID FOR THE SOFTWARE PRODUCT, IN EACH CASE SUBJECT TO LICENSEE

HAVING PAID FOR THE SOFTWARE PRODUCT IN FULL AND UPON RETURN OF THE SOFTWARE PRODUCT TO SUNRISE TOGETHER WITH A COPY OF

LICENSEE’S RECEIPT FOR ITS PURCHASE. THIS LIMITED WARRANTY SHALL NOT APPLY IF FAILURE OF THE SOFTWARE PRODUCT MEDIA HAS

RESULTED FROM ACCIDENT, ABUSE, MISUSE OR MISAPPLICATION. ANY REPLACEMENT SOFTWARE PRODUCT WILL BE WARRANTED FOR THE

REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS FROM DELIVERY TO LICENSEE, WHICHEVER IS LONGER. OUTSIDE THE

UNITED KINGDOM, NEITHER THESE REMEDIES NOR ANY PRODUCT SUPPORT SERVICES OFFERED BY SUNRISE ARE AVAILABLE WITHOUT PROOF OF

PURCHASE FROM A DISTRIBUTOR AUTHORIZED BY SUNRISE. THE SOFTWARE PRODUCT IS LICENSED ON AN "AS IS" BASIS WITHOUT ANY

WARRANTY OF ANY NATURE.

7. NO OTHER WARRANTIES

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ALL WARRANTIES CONDITIONS, TERMS AND DUTIES EITHER EXPRESSED OR IMPLIED BY

LAW AND RELATING TO MERCHANTABILITY, QUALITY, FITNESS AND/OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT AND THE

PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LICENSEE SHALL BE

SOLELY RESPONSIBLE FOR THE SELECTION, USE, EFFICIENCY AND SUITABILITY OF THE SOFTWARE PRODUCT AND SUNRISE SHALL HAVE NO

LIABILITY THEREFOR. SUNRISE SHALL HAVE NO LIABILITY FOR, NOR OBLIGATION TO INDEMNIFY LICENSEE REGARDING ACTIONS ALLEGING

THE INFRINGEMENT OF PROPRIETARY RIGHTS BY THE SOFTWARE PRODUCT. SUNRISE DOES NOT WARRANT THAT THE OPERATION OF THE

SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE PRODUCT WILL MEET LICENSEE’S SPECIFIC

REQUIREMENTS. NOTHING IN THIS LICENSE AGREEMENT SHALL EXCLUDE OR LIMIT ANY STATUTORY RIGHTS WHICH CANNOT BE EXCLUDED OR

LIMITED DUE TO LICENSEE ACTING AS A CONSUMER. ANY PROVISIONS WHICH WOULD BE VOID UNDER ANY LEGISLATION SHALL TO THAT

EXTENT HAVE NO FORCE OR EFFECT.

8. LIMITATION OF LIABILITY

IN NO EVENT WILL SUNRISE OR ITS SUPPLIERS BE LIABLE FOR LOSS AND/OR CORRUPTION OF DATA, LOSS OF PROFITS, DAMAGE TO

GOODWILL, COST OF COVER, ANY PURE ECONOMIC, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES OR

LOSSES AND/OR ANY BUSINESS INTERRUPTION, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF OPPORTUNITY AND/OR LOSS OF

PRODUCTION ARISING FROM OR IN CONNECTION WITH THE USE OF THE SOFTWARE PRODUCT, HOWEVER CAUSED. EACH LIMITATION WILL APPLY

EVEN IF SUNRISE OR ITS AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND SHALL BE DEEMED TO BE

REPEATED AND APPLY AS A SEPARATE PROVISION FOR EACH OF LIABILITY IN CONTRACT, TORT, BREACH OF A STATUTORY DUTY, BREACH OF

COMMON LAW AND/OR UNDER ANY OTHER LEGAL BASIS. IN NO EVENT WILL SUNRISE’S LIABILITY EXCEED THE AMOUNT LICENSEE PAID FOR

THE SOFTWARE PRODUCT. LICENSEE ACKNOWLEDGES THAT THESE LIMITATIONS ARE NECESSARY TO ALLOW SUNRISE TO PROVIDE THE SOFTWARE

PRODUCT AT ITS CURRENT PRICES. IF MODIFICATION TO THESE LIMITATIONS IS REQUIRED SUNRISE WILL AGREE APPROPRIATE AMENDMENT

FOR PAYMENT OF A HIGHER THAN CURRENT PRICE FOR THE SOFTWARE PRODUCT. NOTHING IN THIS LICENSE AGREEMENT SHALL EXCLUDE OR

LIMIT SUNRISE’S LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO ITS NEGLIGENCE OR ANY LIABILITY DUE TO ITS FRAUD OR ANY

OTHER LIABILITY WHICH MAY NOT BE LIMITED OR EXCLUDED AS A MATTER OF LAW.

9. TERMINATION

Licensee may terminate this License Agreement at any time. Sunrise may terminate this License Agreement if Licensee fails

to comply with the terms and conditions of this License Agreement. In either event all licenses granted under this

Agreement shall end immediately and Licensee must destroy all copies of the Software Product. All terms which by their

nature should survive termination of this License Agreement shall survive its termination.

10. MISCELLANEOUS

10.1 This Agreement shall be governed by and interpreted in accordance with English law and not by the 1980 U. N.

Convention on Contracts for the International Sale of Goods. If this License Agreement has been translated into a language

which is not English and a dispute arises as to the meaning/ translation of any term of this License Agreement, the

interpretation of the English version shall prevail. The parties agree to submit to the exclusive jurisdiction of the

English Courts.

10.2 Except to the extent of any misrepresentation or breach of warranty which constitutes fraud and except in the case of

a multi-user license agreement, this License Agreement constitutes the entire agreement between Sunrise and Licensee and

supersedes all prior agreements, understandings, communications, advertising, proposals or representations, oral or

written, by either party.

10.3 If any provision of this License Agreement is held invalid, illegal or unenforceable by a court of competent

jurisdiction, such provision shall be severed and if possible revised to the extent necessary to cure the invalidity,

illegality or non-enforceability, and the remainder of this License Agreement shall continue in full force and effect.

10.4 Any change to this License Agreement shall only be valid if it is in writing and signed by an authorized

representative of both Sunrise and Licensee.

10.5 No failure, delay, relaxation or forbearance on the part of either party in exercising any power or right under this

License Agreement shall operate as a waiver of such power or right or of any other power or right.

10.6 This License Agreement and the license granted pursuant to this License Agreement are personal to Licensee and except

where permitted above Licensee shall not assign the benefit of or any interest or obligation under this License Agreement.

10.7 Apart from Sunrise’s licensors and authorised distributors, a person who is not a party to this License Agreement has

no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this License

Agreement. The consent of any third party is not required for any variation (including any release or compromise of any

liability under this License Agreement) or termination of this License Agreement.

Sunrise

http://www.sunrisesol.co.uk

The Free pascal run time library used to create this program: Th Free pascal used in this program is distributed under a modified LGPL license There follows the LGPL License modification.

The Free pascal run time library is available from www.freepascal.org

LGPL Modification :

This text applies to several units in the

Lazarus sources distributed by members of the Lazarus Development Team.

All files contains headers showing the appropriate license. See there if this

modification can be applied.

These files are distributed under the Library GNU General Public License

(see the file COPYING.LGPL) with the following modification:

As a special exception, the copyright holders of this library give you

permission to link this library with independent modules to produce an

executable, regardless of the license terms of these independent modules,

and to copy and distribute the resulting executable under terms of your choice,

provided that you also meet, for each linked independent module, the terms

and conditions of the license of that module. An independent module is a

module which is not derived from or based on this library. If you modify this

library, you may extend this exception to your version of the library, but

you are not obligated to do so. If you do not wish to do so, delete this

exception statement from your version.