End User License Agreement

MOBEM LICENSE AGREEMENT 
AND WARRANTY DISCLAIMER 

REDISTRIBUTION OF SOFTWARE 
NOT PERMITTED

License for MOBEM Technologies Inc.'s mPhone Product

IMPORTANT -- READ CAREFULLY: By clicking on 
the "Yes" button or by opening the sealed package(s) 
containing the mPhone ("Software"), You agree to be 
and are hereby bound by the terms of this License 
Agreement ("Agreement"). If you do not agree to the 
terms of this Agreement, you must promptly destroy all 
copies of the Software and accompanying 
documentation ("Documentation"). 

I. GRANT OF LICENSE: 

MOBEM Technologies Inc. hereby grant you a non-exclusive 
license to use the Software and Documentation subject to
the following terms: 

You may: (i) use the Software on any single computer; 
(ii) use the Software on a second computer so long as 
the first and second computers are not used 
simultaneously; and (iii) copy the Software for back-up, 
archival purposes provided any copy must contain all of 
the original Software's proprietary notices. 

You may not: (i) permit other individuals to use the 
Software except under the terms listed above; (ii) 
modify, translate, reverse engineer, decompile, 
disassemble (except to the extent that this restriction is 
expressly prohibited by law) or create derivative works 
based upon the Software or Documentation; (iii) copy 
the Software or Documentation (except for back-up 
purposes); (iv) resell, rent, lease, transfer, or otherwise 
transfer rights to the Software or Documentation; or (v) 
remove any proprietary notices or labels on the 
Software or Documentation. 

II.  SOFTWARE: 

If you receive the first copy of the Software 
electronically and a second copy on media the second 
copy may be used for archival purposes only and may 
not be transferred to or used by any other person.  This 
license does not grant you any right to any enhancement 
or update. 

III. TITLE: 

Title, ownership, rights, and intellectual property rights 
in and to the Software and Documentation shall remain 
in MOBEM. The Software is protected by the copyright laws
of the United States and international copyright treaties.  
Title, ownership rights and intellectual property rights in 
and to the content accessed through the Software including 
any content contained in the Software media demonstration 
files is the property of the applicable content owner and 
may be protected by applicable copyright or other law. This 
license gives you no rights to such content. 

IV. DISCLAIMER OF WARRANTY: 

THE SOFTWARE AND DOCUMENTATION ARE 
PROVIDED AS IS WITHOUT WARRANTY OF 
ANY KIND.  TO THE MAXIMUM EXTENT 
PERMITTED BY APPLICABLE LAW, 
MOBEM FURTHER DISCLAIMS ALL 
WARRANTIES, INCLUDING WITHOUT 
LIMITATION ANY IMPLIED WARRANTIES OF 
MERCHANTABILITY, FITNESS FOR A 
PARTICULAR PURPOSE, AND 
NONINFRINGEMENT. THE ENTIRE RISK 
ARISING OUT OF THE USE OR PERFORMANCE 
OF THE SOFTWARE AND DOCUMENTATION 
REMAINS WITH YOU. TO THE MAXIMUM 
EXTENT PERMITTED BY APPLICABLE LAW, IN 
NO EVENT SHALL MOBEM OR ITS 
SUPPLIERS BE LIABLE FOR ANY 
CONSEQUENTIAL, INCIDENTAL, DIRECT, 
INDIRECT, SPECIAL, PUNITIVE, OR OTHER 
DAMAGES WHATSOEVER (INCLUDING, 
WITHOUT LIMITATION, DAMAGES FOR LOSS 
OF BUSINESS PROFITS, BUSINESS 
INTERRUPTION, LOSS OF BUSINESS 
INFORMATION, OR OTHER PECUNIARY LOSS) 
ARISING OUT OF THIS AGREEMENT OR THE 
USE OF OR INABILITY TO USE THE PRODUCT, 
EVEN IF MOBEM HAS BEEN ADVISED 
OF THE POSSIBILITY OF SUCH DAMAGES. 
BECAUSE SOME STATES/JURISDICTIONS DO 
NOT ALLOW THE EXCLUSION OR LIMITATION 
OF LIABILITY FOR CONSEQUENTIAL OR 
INCIDENTAL DAMAGES, THE ABOVE 
LIMITATION MAY NOT APPLY TO YOU.

MOBEM CANNOT BE HELD RESPONSIBLE FOR
ANY DATA LOSS OR DAMAGE CAUSED BY THIS
PROGRAM OR ANY INABILITY TO USE IT.


V. TERMINATION: 

This license shall terminate automatically if you fail to 
comply with the limitations described in this Agreement.  
No notice shall be required from MOBEM to effectuate 
such termination.  On termination you must destroy all 
copies of the Software and Documentation. 

VI. ENTIRE AGREEMENT: 

This Agreement constitutes the complete and exclusive 
agreement between MOBEM and you with respect to the 
subject matter hereof and supersedes all prior oral or 
written understandings, communications or agreements 
not specifically incorporated herein.  This Agreement 
may not be modified except in a writing duly signed by 
an authorized representative of MOBEM and you. 



mPhone 2.5 License Agreement (12-18-2001)