MacPhoneHome 3.0

END-USER AGREEMENT

BRIGADOON SOFTWARE INC. END USER LICENSE AGREEMENT

http://www.brigadoonsoftware.com

Software License Agreement for

PC PhoneHome(tm)/MacPhoneHome(tm) Version 3.x

IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS

DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE "ACCEPT"

BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR

END-USER AGREEMENT

BRIGADOON SOFTWARE INC. END USER LICENSE AGREEMENT

http://www.brigadoonsoftware.com

Software License Agreement for

PC PhoneHome(tm)/MacPhoneHome(tm) Version 3.x

IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS

DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE "ACCEPT"

BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR

ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL

OF THE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT")

REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF

THE TERMS OF THIS AGREEMENT, CLICK ON THE "NO" BUTTON AND/OR DO NOT

INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.

1. GRANT OF LICENSE: Subject to the terms below,

BRIGADOON SOFTWARE

INC. hereby grants you a non-exclusive,

non-transferable license to

the original registrant of

PC PhoneHome(tm) or MacPhoneHome(tm) ("Software") only, to install

and to use PC PhoneHome(tm) or MacPhoneHome(tm) on one computer's

hard drive only.

Whether you are licensing the Software as an individual or on behalf

of an entity, you may not: (i) reverse engineer, decompile, or

disassemble the Software; (ii) modify, or create derivative works

based upon, the Software in whole or in part; (iii) remove any

proprietary notices or labels on the Software; or (iv) sell, resell,

lease, rent, transfer, sublicense, or otherwise transfer rights to

the Software.

You further agree as a license condition to accept periodic update

information, data archiving and product advertising from Brigadoon

Software, Inc. via email.

2. TITLE: You acknowledge that no title to the intellectual property

in the Software is transferred to you. Title, ownership, rights, and

intellectual property rights in and to the Software shall remain in

BRIGADOON SOFTWARE INC. The Software is protected by copyright and

patent laws of the United States and international treaties. Nothing

in this License Agreement constitutes a waiver of rights under the

U.S copyright laws or any other Federal or State Law.

3. UPDATES & REGISTRATION. From time to time, BRIGADOON SOFTWARE

INC. may make available updates to the software. You may download and

install or otherwise use those updates to the software that are

released by BRIGADOON SOFTWARE INC. All updates to the Software are

governed by this Agreement, unless other license terms are provided

with the update.

IMPORTANT: You must complete the product registration form for PC

PhoneHome(tm) or MacPhoneHome(tm) accurately and truthfully during

software installation to be notified of software updates. This

accurate and truthful registration also insures maximum protection

for you in the event your computer is lost or stolen. IF YOU COMPLETE

THE REGISTRATION FORM WITH LESS THAN ACCURATE INFORMATION, YOU WILL

SERIOUSLY JEOPARDIZE LAW ENFORCEMENT AGENCY'S ABILITY TO ASSIST YOU

IN THE RECOVERY OF YOUR COMPUTER IN THE EVENT OF LOSS.

4. DISCLAIMER OF WARRANTY: YOU AGREE THAT BRIGADOON SOFTWARE INC. HAS

MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE

PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS"

WITHOUT WARRANTY OF ANY KIND. BRIGADOON SOFTWARE INC. DISCLAIMS ANY

AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY,

INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS

FOR A PARTICULAR PURPOSE. BRIGADOON SOFTWARE INC. SHALL NOT BE

LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR

CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF

ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS

AGREEMENT.

5. LIMITATION OF LIABILITY: You must assume the entire risk of using

the program. IN NO EVENT SHALL BRIGADOON SOFTWARE INC. BE LIABLE TO

YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR

OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND

ARISING OUT OF THE USE OF THE BRIGADOON SOFTWARE INC. EVEN IF

BRIGADOON SOFTWARE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. IN NO EVENT WILL BRIGADOON SOFTWARE INC. LIABILITY FOR ANY

CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY,

EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE

RELEVANT PRODUCT WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE

BRIGADOON SOFTWARE INC. SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES.

THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE

EXTENT PERMITTED BY LAW.

6. TERMINATION: This Agreement shall terminate automatically if you

fail to comply with all the terms and limitations described in this

Agreement. Upon termination, you must uninstall and destroy all

copies of the Software.

7. MISCELLANEOUS:

Severability: In the event of invalidity of any provision of this

Agreement, the parties agree that such invalidity shall not affect

the validity of the remaining portions of this Agreement.

EXPORT ASSURANCES: You may not download or otherwise export or

re-export the program or any underlying information or technology

except in full compliance with all United States and other applicable

laws and regulations, including without limitation, the United States

Export Administration Act and the regulations thereunder. In

particular, but without limitation, none of the program or underlying

information or technology may be downloaded or otherwise exported or

re-exported (i) into (or to a national or resident of Cuba, Iran,

Libya, North Korea, Sudan, and Syria or any other country to which

the U. S. has embargoed goods; or (ii) to anyone on the U. S.

Treasury Department's list of Specially Designated Nationals or the

U. S. Commerce Department's Table of Denial Orders. By downloading or

using the program, you are agreeing to the foregoing and you are

representing and warranting that you are not located in, under the

control of, or a national or resident of any such country or on any

such list.

U.S. GOVERNMENT LICENSES: If the Program is provided to the U.S.

Government, the Government acknowledges receipt of notice that the

Program and documentation were developed at private expense and that

no part of either of them is in the public domain. The Government

acknowledges Brigadoon Software's representation that the Program is

"Restricted Computer Software" as defined in clause 52.227-19 of the

Federal Acquisition Regulations (the "FAR") and is "Commercial

Computer Software" as defined in Subpart 227.471 of the Department of

Defense Federal Acquisition Regulation Supplement (the "DFARS"). The

Government agrees that (i) if the software is supplied to the

Department of Defense, the software is classified as "Commercial

Computer Software" and the Government is acquiring only "Restricted

Rights" in the software and its documentation as that term is defined

in Clause 252.227-7013(c)(1) of the DFARS and (ii) if the software is

supplied to any unit or agency of the Government other than the

Department of Defense, then notwithstanding any other lease or

license agreement that may pertain to, or accompany the delivery of,

the computer software and accompanying documentation, the rights of

the Government regarding its use, reproduction and disclosure are as

set forth in Clause 52.227-19(c)(2) of the FAR. All copies of the

software and the documentation sold to or for use by the Government

shall contain any and all notices and legends necessary or

appropriate to assure that the Government acquires only limited

rights in any such documentation and restricted rights in any such

software. Contractor/Manufacturer is Brigadoon Software, Inc.

Governing Law: This Agreement will be governed by the laws of the

State of New York as they are applied to agreements between New York

residents entered into and to be performed entirely within New York.

The United Nations Convention on Contracts for the International Sale

of Goods is specifically disclaimed.

Entire Agreement: You agree that this is the entire agreement between

you and BRIGADOON SOFTWARE INC., which supersedes any prior

agreement, whether written or oral, and all other communications

between BRIGADOON SOFTWARE INC. and you relating to the subject

matter of this Agreement.

Reservation of rights: All rights not expressly granted in this

Agreement are reserved by BRIGADOON SOFTWARE INC.

Copyright (c) 2001-5 BRIGADOON SOFTWARE INC. All rights reserved.

BRIGADOON SOFTWARE INC., http://www.pcphonehome.com,

http://www.brigadoonsoftware.com, PC PhoneHome(tm),

PC PhoneHome Lite(tm), PC PhoneHome Pro(tm),

PC PhoneHome Enterprise(tm), MacPhoneHome(tm),

MacPhoneHome Enterprise(tm), PC PhoneHome(tm) for Linux,

PC PhoneHome(tm) for Palm and PC PhoneHome(tm) for Pocket PC

are trademarks of BRIGADOON SOFTWARE INC.