This License Agreement is a formal contract between the customer and Kitt Peak, Inc. (Kitt Peak), which is the vendor of the demo version of the software program EarthWatch for Palm Demo Version (this software). If you download or install this software, you thereby agree to the stated terms and conditions. Under the following terms and conditions, Kitt Peak grants to customers who accept the License Agreement an untransferrable, time-limited, free, non-exclusive license to use this software. Kitt Peak retains all rights to this software and copies thereof.

1. License Terms

a)The customer can use this software on only one (1) computer at a time.
b)The customer can use this software by October 31th, 2002

2. Restrictions

a)The customer shall not permit any third party to use this software by sublicensing, renting, leasing, lending or any other method.
b)The customer shall not copy, adapt, modify, reverse engineer, de-compile or disassemble this software, and shall not permit any third party to perform any of these same actions.
c)The customer shall not erase or obscure any copyright notice that is included in this software.

3. Disclaimer

a)Kitt Peak makes no warranty of any kind, express or implied, with regard to this software, including but without limitation to the implied warranties of merchantability and fitness for a particular purpose, as well as integrity of this software. In no event shall Kitt Peak be liable for any use or unusability of this software, or for any direct or indirect damage (including but without limitation to damage and faults in hardware and other software) occurring in association or connection with such use or unusability.
b)Under no circumstances shall Kitt Peak be liable for any dispute between the customer and a third party arising out of or in connection with the use of this software.

4. Term and Termination

a)This License Agreement shall become effective when the customer downloads this software. It shall be terminated when this software's usage license expires.
b)If the customer fails to comply with any of the terms or conditions hereof, Kitt Peak shall immediately be able to cancel this License Agreement.
c)The customer shall be able to cancel this License Agreement by discarding or deleting this software.

5. Other conditions

a)Kitt Peak shall not be required to provide any support for this software except where Kitt Peak upgrades this software at its own discretion.
b)This License Agreement shall be applied to this software alone. If the customer wishes to use a complete or later version of this software, the customer shall obtain a separate license to use the said version from Kitt Peak.



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Copyright (C) 2002 Kitt Peak, Inc. All rights reserved.