								BEATWARE MAIL-IT
							END USER LICENSE AGREEMENT
						[FULL VERSION/ELECTRONIC DISTRIBUTION]

NOTICE:  READ THIS AGREEMENT BEFORE INSTALLING OR USING THE ACCOMPANYING SOFTWARE

By clicking on the "AGREE" button below and installing the accompanying SOFTWARE you indicate that you have carefully and completely read this end user software license agreement (AGREEMENT), and that you agree to and will comply with its terms and conditions.  You must do so before installing or using the accompanying version of Beatware software (SOFTWARE).  By installing or using the SOFTWARE you also acknowledge that this is the entire and only agreement on the use of the SOFTWARE.  If you do not agree with the terms and conditions of this AGREEMENT you are not authorized to install or use the SOFTWARE, and you must not do so.

You have not purchased or otherwise acquired title to the SOFTWARE that accompanies this AGREEMENT.  You instead have purchased or otherwise acquired a non-exclusive license to use the SOFTWARE in accord with this AGREEMENT.

DEFINITIONS.  The term SOFTWARE refers to the Beatware software that accompanies this AGREEMENT, any copy or part thereof, and any associated physical computer media (e.g., CD-ROM), printed material and electronic or other documentation.  The term "you" refers to the individual or entity that uses or will use the SOFTWARE.  BEATWARE refers to Beatware, Inc., 1779 Woodside Road, Redwood City, CA 94061.

AGREEMENT.  This AGREEMENT is a legal contract between you and BEATWARE.  It allows you to use the SOFTWARE if you agree with, accept, and comply with the terms and conditions of this AGREEMENT.

LICENSE GRANT.  The SOFTWARE is only licensed, not sold, to you.  BEATWARE and its suppliers, if any, are and shall remain its owners.

AUTHORIZED USE.  In exchange for your acceptance of and compliance with the terms and conditions of this AGREEMENT, BEATWARE and its suppliers, as applicable, grant you a non-exclusive license to use the SOFTWARE on a single computer.  You may make one copy of the SOFTWARE for back-up purposes only.  You agree to and shall use your best efforts to prevent the unauthorized use of the SOFTWARE or any part thereof.

RESTRICTIONS ON USE.  You may not (1) copy (other than once for back-up purposes), distribute, rent, lease or sub-license the SOFTWARE, any part thereof, or any associated documentation, (2) modify or prepare derivative works of the SOFTWARE or any part thereof, or (3) reverse engineer, decompile or disassemble the SOFTWARE or any part thereof.

TRANSFER OF LICENSE & SOFTWARE.  You may transfer the license to use the SOFTWARE, as well as the SOFTWARE, to another person or entity, but only if (1) the recipient agrees to accept the terms and conditions of this AGREEMENT, (2) you transfer all copies of the SOFTWARE and any parts thereof, and all associated documentation, to the recipient, and (3) you erase all copies of the SOFTWARE and any parts thereof from your computer equipment.  Your license to use the SOFTWARE will automatically terminate when you transfer the SOFTWARE in this manner.

OWNERSHIP & PROPERTY RIGHTS.  The SOFTWARE is and shall remain the property of BEATWARE and, as applicable, its suppliers.  It is  protected by United States and other copyright law, and by international copyright treaties, as well as by other intellectual property laws and treaties.  BEATWARE and, as applicable, its suppliers also own and retain all intellectual property rights in the SOFTWARE, inclusive of all patent, trademark, copyright, and trade secret rights.

LIMITED WARRANTY.  BEATWARE DOES NOT OTHERWISE WARRANT EITHER THE CONTENT OR PERFORMANCE OF THE SOFTWARE, OR THAT EITHER IS OR WILL BE DEFECT OR ERROR FREE.  THE SOFTWARE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY AS TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY ITS USE.  YOU ASSUME ALL RISKS OF LOSS, INJURY OR DAMAGE THAT ARISE FROM USE OF THE SOFTWARE.

DISCLAIMER OF OTHER WARRANTIES.  THE WARRANTIES PROVIDED BY THIS AGREEMENT ARE IN LIEU OF ANY OTHER WARRANTIES ON THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANOTHER'S RIGHTS.  BEATWARE DISCLAIMS AND EXCLUDES ANY OTHER OR DIFFERENT WARRANTIES ON THE SOFTWARE.

REMEDIES & LIMITATION OF LIABILITY.  IN NO EVENT OR CIRCUMSTANCE SHALL BEATWARE'S OR ITS SUPPLIERS' LIABILITY FOR ANY CLAIM ARISING OUT OF THE USE OF OR ANY DEFECT IN THE SOFTWARE INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUSIVE OF ANY LIABILITY FOR LOST PROFITS, EVEN IF BEATWARE OR ITS REPRESENTATIVES HAD KNOWLEDGE OF THE POTENTIAL FOR SUCH LOSS AND DAMAGE.  MOREOVER, IN NO EVENT SHALL BEATWARE'S OR ITS SUPPLIERS' LIABILITY FOR ANY CLAIM ARISING OUT OF THE USE OF OR DEFECT IN THE SOFTWARE EXCEED THE AMOUNT PAID FOR THE LICENSE TO USE THE SOFTWARE.  BEATWARE'S and, as applicable, its suppliers' only liability, and your only remedies for any such liability, for any injury, loss or damage arising out of the SOFTWARE, or any use of thereof, or for any other act or omission by BEATWARE or its suppliers, inclusive of any liability for negligence (excepting liability for personal injury caused solely by BEATWARE'S negligence), are solely limited to those set forth in this AGREEMENT.

OTHER LEGAL RIGHTS & REMEDIES.  This AGREEMENT gives you specific legal rights.  Because some states and countries do not allow the exclusion of implied warranties, some of the above limitations and disclaimers may not apply to you.  You thus may have other or alternative rights or remedies depending on the state or country in which the license to use the SOFTWARE was purchased or acquired.

TERMINATION OF AGREEMENT.  This AGREEMENT is and will remain effective until terminated. You may terminate this AGREEMENT at any time by destroying the SOFTWARE, including all copies and parts thereof, and all associated documentation, and by erasing all copies or parts thereof from your computer equipment.  This AGREEMENT also shall terminate automatically if you do not comply with the terms and conditions of this AGREEMENT.  Upon such termination you agree to and shall destroy the SOFTWARE and all related documentation, and erase all copies and parts thereof from any computer equipment.

U.S. GOVERNMENT RESTRICTED RIGHTS.  Any license of the SOFTWARE to or use of the SOFTWARE by an agency or unit of the U.S. government is subject to restricted rights.  Use, duplication, or disclosure of the SOFTWARE by the U.S. government, its agencies or units is subject to the restrictions set forth in 48 CFR 52.227-19, sub-paragraphs (c)(1) and (c)(2), and DFARS 52.227-7013(c)(1)(ii), as applicable.  The contractor/manufacturer is Beatware, Inc., 1779 Woodside Road, Redwood City, CA 94061.

GOVERNING LAW.  This AGREEMENT shall be construed and its performance enforced under the law of the State of California as if made and performed in California by residents of California.  The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.

OTHER TERMS.  The acceptance by BEATWARE of a purchase order from you for the license to use the SOFTWARE is conditioned on your agreement with and acceptance of the terms of this AGREEMENT.  If any part of this AGREEMENT is found to be void or unenforceable it will not affect the validity or enforceability of the balance of this AGREEMENT, which shall remain valid and enforceable.  You agree that the SOFTWARE will not be shipped, transferred or exported to any country or used in any manner that is prohibited by the United States Administrative Code, or by any other export laws, restrictions or regulations.  This AGREEMENT only may be modified by a license addendum that accompanies either this license or an upgrade to the SOFTWARE, or by a written document that is signed both by you and by an officer of BEATWARE.

ADDITIONAL INFORMATION.  If you have any questions about this AGREEMENT, or if you wish to contact BEATWARE for any reason, you may write to Beatware, Inc., Customer Service, 1779 Woodside Road, Redwood City, CA 94061.  You also may contact BEATWARE by e-mail at "info@beatware.com."

