SafeEstate Personal Estate Information System Copyright Phoenix Software, Inc. 1994-2007 All Rights Reserved Software License Agreement Software is defined as the Phoenix Software computer program with which this Software License Agreement is included and any updates or maintenance releases thereto. Do not use the Software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the Software from Phoenix Software to you, and installing the Software indicates that you have read and understand this Agreement and accept its terms and conditions. If you purchased the Software from a retail store and do not agree with this Agreement, promptly return the Software and accompanying items to the place of purchase within ten (10) days of purchase with a dated receipt for a full refund. If the Software was pre-installed on your computer or disks came packaged with your computer at no extra charge, and if you do not agree with this Agreement, do not use the Software. License and Certain Restrictions You are granted a limited non-exclusive license to install a copy of the enclosed Software on a single computer to be used by one person or family. It is not licensed to be used as a commercial application or in a commercial setting. Commercial licensing is available by contacting Phoenix Software, Inc. If this Agreement is included with a trial version of the Software, you are granted a license to use the Software for the specified number of uses; thereafter, you may purchase the right to use a non-limited version of the Software by contacting Phoenix Software or your retailer. You may make one (1) backup copy of the Software for your own use. Making additional copies is prohibited. It is also illegal to give copies to another person, to install the software on computers not used by a single individual, or to duplicate the Software by any other means including electronic transmission. You may not copy the printed materials, if any, accompanying the Software, or print multiple copies of any user documentation. The Software in its entirety is protected by the copyright laws. The Software also contains Phoenix Software trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form. You may not modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Software, disk(s), or related materials or create derivative works based upon the Software or any part thereof. You may transfer the Software to a third party, or sell the computer on which the Software is installed to a third party, provided you do not keep a copy of the Software for yourself. You or the purchaser may obtain a copy of a transfer agreement from Phoenix Software, which will allow the purchaser to assume your rights as a purchaser of the Software. Product Media Defects If the SafeEstate CD/disk media is defective, Phoenix Software's entire liability and your exclusive remedy shall be either: (a) if you purchased the Software through a retail store or directly from Phoenix Software, (1) return of the Software within ten (10) days to the place of purchase, with a dated receipt, for a replacement (If the store is unable to issue a replacement, call Phoenix Software at 1-320-202-5101); or (2) replacement by Phoenix Software within thirty (30) days, with a dated receipt. If the disks are defective and you would like replacement disks after thirty (30) days, you may obtain a replacement by sending your defective disks and a check for fifteen dollars ($15.00), plus applicable tax, to Phoenix Software. For all orders shipped within the U.S., please add all applicable state and local sales tax as well as tax on shipping and handling based on your shipping address; (b) if the Software was pre-installed on your computer when you bought it, or if disks came packaged with your computer at no extra charge, and the Software is defective or was installed improperly, you may obtain replacement disks from the company that manufactured your computer, at its option, by sending your request stating the nature of the problem, plus a copy of your dated receipt for the computer on which the Software was installed, to the manufacturer of the computer; (c) if you obtained the Software by downloading it on your computer, and the Software did not install properly, contact your service provider. Disclaimer of Warranties Except as provided above, this Software and any related services are provided "as-is," and to the maximum extent permitted by applicable law, Phoenix Software disclaims all other representation and warranties, express or implied, regarding this Software, diskette, related materials and any services, including their fitness for a particular purpose, their quality, their merchantability, or their noninfringement. Phoenix Software does not warrant that the Software is free from bugs, errors, or other program limitations. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to thirty(30) days from the date of purchase of the Software. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights as well, which vary from state to state. Limitation of Liability and Damages The entire liability of Phoenix Software and its Representatives (as defined below) for any reason shall be limited to the amount paid by the customer for the Software and related services purchased from Phoenix Software or its authorized reseller. To the maximum extent permitted by applicable law, Phoenix Software and its affiliates, licensors, third-party content or service providers, distributors, dealers or suppliers ("Representatives") are not liable for any indirect, special, incidental, or consequential damages (including, but not limited to: damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Phoenix Software or its Representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Phoenix Software and you. Phoenix Software would not be able to have provided this Software or services without such limitations. U.S. Government Restricted Rights Software and documentation delivered subject to the DOD FAR Supplement is `commercial computer software' and its use, duplication and disclosure shall be subject to the licensing restrictions set forth in this Agreement. Otherwise, Software and documentation delivered subject to the Federal Acquisition Regulations is `restricted computer software' and its use, duplication and disclosure shall be subject to the restrictions in FAR 52.227-14, Rights in Data -- General, including Alternate III (June 1987). Phoenix Software Inc., 300 33rd Avenue S., Suite 101, Waite Park, MN 56377. Export Restrictions You acknowledge and agree that the Software is subject to restrictions and controls imposed by the International Traffic in Arms Regulations and Arms Export Control Act (the "Acts"). You agree and certify that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred or exported, directly or indirectly outside the United States or Canada or will be used for any purpose prohibited by the Acts; provided, however, U.S. citizens and U.S. permanent resident aliens may travel to countries not prohibited by the Acts with the Software when it is installed on their personal computer and not otherwise used or transferred in violation of the Acts. General Provisions This Agreement sets forth Phoenix Software's and its Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and Phoenix Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Software or any related services. This Agreement does not limit any rights that Phoenix Software may have under trade secret, copyright, patent, or other laws. The Representatives of Phoenix Software are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Phoenix Software, other than in writing signed by an officer of Phoenix Software. Accordingly, such additional statements are not binding on Phoenix Software and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Minnesota law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by federal laws. This Agreement is deemed entered into at St. Cloud, Minnesota, and shall be construed as to its fair meaning and not strictly for or against either party.