OxySync License Agreement and Limited Warranty PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE PRODUCT. A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR FUTURE REFERENCE IN THE "LICENSE.RTF" FILE PROVIDED WITH THE PRODUCT. 1. Introduction. This agreement explains when and how you may use copies of OxySync. In this agreement: "OxySync" or "Program" or "Product" means the “OxySync" program. "Trial version" or “OxySync Trial” means a copy of OxySync distributed by us for free for evaluation purposes. "Registered Copy" or “Registered version” means a copy of the OxySync purchased or rented from us. "we" or "us" means Oxygen Software. "you" means the end user of OxySync. 2. Ownership. The Product is proprietary to Oxygen Software. The Product is licensed, not sold, to you notwithstanding any reference herein to "purchases". You acknowledge and agree that: Product is protected under copyright and other laws. Oxygen Software and its licensors retain all copyrights and other intellectual property rights in the Product. There are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by Oxygen Software. You acquire no ownership or other interest (other than your license rights) in or to the Product; Oxygen Software owns all copies of the Product, however made. You agree that you will not, at any time, contest anywhere in the world Oxygen Software's ownership of the Product, nor will you challenge the validity of Oxygen Software's rights in the Product. 3. Legal Agreement. This is a legal agreement which allows you, the end user, to use OxySync under certain terms and conditions. If you cannot agree to abide by the terms of this agreement you should not use OxySync. Oxygen Software reserves the right to change this license agreement for the future versions of OxySync. 4. Use of OxySync. Trial Version of OxySync has some restricted functionality and may be installed on the unlimited number of computers for a 30 day period. After that period, you will be offered to register OxySync. Registered Version of OxySync has full functionality and may be installed on as many computers as you need. The number of phones you may work with depends on the number of licenses you bought. You assume full responsibility for the selection and use of OxySync to achieve your intended results. 5. Copying of OxySync. When you receive a version of OxySync you may make copies of OxySync which are necessary for normal backup purposes. You agree not to make any other copies of the software, or any part of them, or sell or give any copies to others, without our advance written permission. 6. LIMITATIONS. You may use the Product only with the phones registered in the license key received from Oxygen Software. You must not modify or remove any copyright notices and license agreement statements in the Product. You may not transfer copies of the Product to third parties. You may not decompile, disassemble or reverse engineer the Product. You also must not modify the files included in the distribution package. You may not rent, lease or otherwise transfer rights to the Product. You may transfer your registered copy with all the updates and registered keys on condition that no program copies, keys or updates are left over. In such a case the User must inform Oxygen Software by fax, e-mail or mail and send a written guarantee that you he has no program copies, updates or keys anymore. 7. LIMITED WARRANTY AND DISCLAIMER. The following limited warranty applies to all versions of OxySync. Bugs and Program Errors. We do not promise that OxySync will be free of bugs or program errors. If you report a program error or bug to us, we will use our best efforts to correct it. If we issue a maintenance release for OxySync which includes a correction for an error you reported, we will send you a copy of that maintenance release. We will only do this for maintenance releases, not for new major releases or other new versions of OxySync. Hardware damages. We are not responsible for any possible damages which may occur with your mobile phone or PC during use or misuse of our software. We are also not responsible for any problems caused by original or hand-made connection cables. Except for the limited warranty stated above, we disclaim any and all other warranties, express or implied, oral or written, including any implied warranties of merchantability or fitness for a particular purpose. 8. LIMITATION OF LIABILITY. IN NO EVENT WILL OXYGEN SOFTWARE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA, ARISING FROM OR RELATING TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF OXYGEN SOFTWARE KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OXYGEN SOFTWARE'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE. THIS SECTION WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS FAILED OF ITS ESSENTIAL PURPOSE.