Tactile Mobile Free SOFTWARE END USER LICENSE AGREEMENT IMPORTANT-READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement ("EULA"). You will be asked to review and either accept or not accept the terms of the EULA. This EULA is a legal agreement between you (either an individual or a single entity) and the publishers of this software for use of this software and may include associated media, printed materials and any "online" or electronic documentation ("Tactile Mobile Free SOFTWARE"). By installing the Tactile Mobile Free SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the Tactile Mobile Free SOFTWARE. Tactile Mobile Free SOFTWARE PRODUCT LICENSE The Tactile Mobile Free SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Tactile Mobile Free SOFTWARE is licensed, not sold. 1. GRANT OF LICENSE. This EULA grants you the following rights: · Tactile Mobile Free SOFTWARE. You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the Tactile Mobile Free SOFTWARE, on a single computer, workstation, terminal, handheld PC, pager, "smart phone," or other digital electronic device ("COMPUTER"). The primary user of the COMPUTER on which the Tactile Mobile Free SOFTWARE is installed may make a second copy for his or her exclusive use on a portable computer. You may also copy, post and otherwise distribute the download package containing the Tactile Mobile Free SOFTWARE; provided that you keep the package intact and do not delete or revise any portion of such package. · Storage/Network Use. You may also store or install a copy of the Tactile Mobile Free SOFTWARE on a storage device, such as a network server, used only to RUN the Tactile Mobile Free SOFTWARE on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on which the Tactile Mobile Free SOFTWARE is RUN from the storage device. A license for the Tactile Mobile Free SOFTWARE may not be shared or used concurrently on different COMPUTERS. · Reservation of Rights. All rights not expressly granted are reserved by the software publisher. · Accessing Services Using the Tactile Mobile Free SOFTWARE. Your use of any service accessible using the Tactile Mobile Free SOFTWARE is not covered by this EULA and may be governed by separate terms of use, conditions or notices. 2. RESTRICTIONS. · You must maintain all copyright notices on all copies of the Tactile Mobile Free SOFTWARE. · Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the Tactile Mobile Free SOFTWARE, except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation. · Rental. You may not rent or lease or lend the Tactile Mobile Free SOFTWARE. · Software Transfer. You may permanently transfer all of your rights under this EULA one time, provided you retain no copies, you transfer all of the Tactile Mobile Free SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), you do not receive any payment or other compensation for transferring the Tactile Mobile Free SOFTWARE and the recipient agrees to the terms of this EULA. If the Tactile Mobile Free SOFTWARE portion is an upgrade, any transfer must include all prior versions of the Tactile Mobile Free SOFTWARE. 3. TERMINATION. Without prejudice to any other rights, the software publisher may terminate this EULA if you fail to comply with the terms and conditions of this EULA. The software publisher may terminate this EULA by offering you a superceding EULA for the Tactile Mobile Free SOFTWARE or any replacement or modified version of or upgrade to the Tactile Mobile Free SOFTWARE and conditioning your continued use of the Tactile Mobile Free SOFTWARE or such replacement, modified or upgraded version on your acceptance of such superceding EULA. In addition, the software publisher may terminate this EULA by notifying you that your continued use of the Tactile Mobile Free SOFTWARE is prohibited. In the event that THE Tactile Mobile Free SOFTWARE PUBLISHER terminates this EULA, you must immediately stop using the Tactile Mobile Free SOFTWARE and destroy all copies of the Tactile Mobile Free SOFTWARE and all of its component parts. 4. COPYRIGHT. All title and copyrights in and to the Tactile Mobile Free SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the Tactile Mobile Free SOFTWARE), the accompanying printed materials, and any copies of the Tactile Mobile Free SOFTWARE, are owned by the software publisher or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Tactile Mobile Free SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this Tactile Mobile Free SOFTWARE contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Tactile Mobile Free SOFTWARE. 5. EXPORT RESTRICTIONS. You agree that you will not export or re-export the Tactile Mobile Free SOFTWARE, any part thereof, or any process or service that is the direct product of the Tactile Mobile Free SOFTWARE (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to E.U. export restrictions. You specifically agree not to export or re- export any of the Restricted Components (i) to any country to which the E.U. has embargoed or restricted the export of goods or services, from any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in E.U. export transactions by any federal agency of the E.U. government. You warrant and repres ent that neither the E.U. Commerce Department, Bureau of Export Administration nor any other E.U. federal agency has suspended, revoked or denied your export privileges. 6. DISCLAIMER OF WARRANTIES. THE Tactile Mobile Free SOFTWARE PUBLISHER AND ITS SUPPLIERS PROVIDE THE Tactile Mobile Free SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE Tactile Mobile Free SOFTWARE IS WITH YOU. 7. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE Tactile Mobile Free SOFTWARE PUBLISHER OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE Tactile Mobile Free SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IFTHE Tactile Mobile Free SOFTWARE PUBLISHER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 8. LIMITATION AND RELEASE OF LIABILITY. To the full extent allowed by law, YOU HEREBY RELEASE THE Tactile Mobile Free SOFTWARE PUBLISHER AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE Tactile Mobile Free SOFTWARE OR ITS USE. If you do not wish to accept the Tactile Mobile Free SOFTWARE under the terms of this EULA, do not install the Tactile Mobile Free SOFTWARE. No refund will be made because the Tactile Mobile Free SOFTWARE was provided to you at no charge. 9. GOVERNING LAW. If you acquired the Tactile Mobile Free SOFTWARE in Europa, the laws of the french country will apply to this contract. If you acquired this Tactile Mobile Free SOFTWARE outside of Europa, then local law may apply. 10. FAULT TOLERANCE. THIS Tactile Mobile Free SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THIS Tactile Mobile Free SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.