POCKET PC CREATIONS LICENCE 2001 - 2009

TERMINOLOGY AND DEFINITIONS OF THIS LICENCE AGREEMENT

"SOFTWARE" - The "Pocket PC Creations" software program accompanying this license agreement, including program files, support files and documentation.

"LICENSOR" - The owner of the accompanying SOFTWARE, CreativityCorp Pty Ltd, ACN 084 900 069 / ABN 33 084 900 069, c/o CrossCorp Accounting, 48 Outram St, West Perth, Western Australia. Postal address: CreativityCorp Pty Ltd, PO Box 534, Manjimup, Western Australia 6258.

"LICENSEE" - The individual or organization installing or using the SOFTWARE.

"PROJECTS" - The applications files created using the SOFTWARE.

ABOUT THIS AGREEMENT

This document represents a legally binding agreement between you (the "LICENSEE") and CreativityCorp Pty Ltd (the "LICENSOR"), superseding all previous such agreements. The agreement is the written terms set out herein.

SECTION I: GRANT

a) Grant of licence.

The LICENSOR grants the LICENSEE a non-transferable and non-exclusive license to use the SOFTWARE and accompanying materials including any documentation in accordance with the scope of grant.

b) Scope of grant for the "TRIAL EDITION":

Under this licence the LICENSEE is given the following rights:

- For the purposes of evaluation, the LICENSEE may use the SOFTWARE on one (1) Windows Pocket PC.

- For the purposes of evaluation, the LICENSEE may use the SOFTWARE on one (1) Windows desktop, laptop or notebook PC.

The LICENSEE may not:

- Copy the SOFTWARE and distribute it to other parties where a profit is made in excess of the cost of duplication.

- Translate, modify, decompile, disassemble or reverse engineer the SOFTWARE.

- Remove any proprietary notices or this licence agreement from the SOFTWARE.

- PROJECTS applications files developed by the LICENSEE are the property of the LICENSEE. However, the LICENSEE may not distribute the PROJECTS applications files developed with this "TRIAL EDITION" of the SOFTWARE, either for sale or without a fee.

- Continue to use this "TRIAL EDITION" beyond the evaluation period, or attempt to extend the evaluation period by modifying the software.

c) Scope of grant for the "TEAM EDITION":

Under this licence the LICENSEE is given the following rights:

- The LICENSEE may use the SOFTWARE on five (5) Windows Pocket PCs.

- The LICENSEE may use the SOFTWARE on five (5) Windows desktop, laptop or notebook PCs. The computers may be part of a network of computers under the control of the LICENSEE.

- The LICENSEE may make a copy of the SOFTWARE onto an appropriate storage medium for backup security purposes.

- The LICENSEE may access all upgrades to the SOFTWARE at the pocketpccreations.com web site. Upgrades made within 12 months of purchase of the SOFTWARE will be provided without a fee, a fee may be charged by the LICENSOR for upgrades beyond 12 months from the date of purchase.

- PROJECTS applications files developed by the LICENSEE are the property of the LICENSEE. The LICENSEE may distribute the PROJECTS applications files developed with the SOFTWARE, either for sale or without a fee.

The LICENSEE may not:

- Copy the SOFTWARE and distribute it to other parties, either for sale or without a fee.

- Translate, modify, decompile, disassemble or reverse engineer the SOFTWARE.

- Remove any proprietary notices or this license agreement from the SOFTWARE.

d) Scope of grant for the "PERSONAL EDITION":

Under this licence the LICENSEE is given the following rights:

- The LICENSEE may use the SOFTWARE on one (1) Windows Pocket PC.

- The LICENSEE may use the SOFTWARE on one (1) Windows desktop, laptop or notebook PC. The computer may be part of a network of computers under the control of the LICENSEE.

- The LICENSEE may make a copy of the SOFTWARE onto an appropriate storage medium for backup security purposes.

- The LICENSEE may access all upgrades to the SOFTWARE at the pocketpccreations.com web site. Upgrades made within 12 months of purchase of the SOFTWARE will be provided without a fee, a fee may be charged by the LICENSOR for upgrades beyond 12 months from the date of purchase.

- PROJECTS applications files developed by the LICENSEE are the property of the LICENSEE. The LICENSEE may distribute the PROJECTS applications files developed with the SOFTWARE, either for sale or without a fee.

The LICENSEE may not:

- Copy the SOFTWARE and distribute it to other parties, either for sale or without a fee.

- Translate, modify, decompile, disassemble or reverse engineer the SOFTWARE.

- Remove any proprietary notices or this license agreement from the SOFTWARE.

e) Scope of grant for the "LITE EDITION":

Under this licence the LICENSEE is given the following rights:

- The LICENSEE may use the SOFTWARE on one (1) Windows Pocket PC.

- The LICENSEE may use the SOFTWARE on one (1) Windows desktop, laptop or notebook PC. The computer may be part of a network of computers under the control of the LICENSEE.

- The LICENSEE may make a copy of the SOFTWARE onto an appropriate storage medium for backup security purposes.

- PROJECTS applications files developed by the LICENSEE are the property of the LICENSEE. However, the LICENSEE may not sell the PROJECTS applications files developed with this "LITE EDITION" of the SOFTWARE.

The LICENSEE may not:

- Copy the SOFTWARE and distribute it to other parties, either for sale or without a fee.

SECTION II: TITLE

The SOFTWARE is owned by the LICENSOR, CreativityCorp Pty Ltd. The LICENSOR will retain all title, ownership rights, copyright and intellectual property rights to the SOFTWARE and its accompanying materials.

SECTION III: WARRANTY

The LICENSOR warrants the SOFTWARE for 90 days from the date of purchase, the warranty extends to use of the SOFTWARE in accordance with documentation accompanying the SOFTWARE.

The LICENSOR will promptly attend to alleged specific defects or errors, subject to the LICENSOR providing sufficient description of the alleged defects or errors.

If the LICENSOR cannot rectify the specific defects or errors identified by the LICENSEE, and the defect or errors substantially affect the performance of the SOFTWARE, then the LICENSEE is entitled to request a refund of the fee paid for the SOFTWARE, and the LICENSOR shall refund the fee.

The SOFTWARE is not designed nor intended for use in high risk activities where the failure of the SOFTWARE could lead directly to death or personal injury. The LICENSOR specifically disclaims any express or implied warranty of fitness for use of the SOFTWARE in these activities.

SECTION IV: LIABILITY

Except as stated in Warranty, the LICENSOR is not under any liability to the LICENSEE in respect of loss or damage (including consequential loss or damages), however caused, which may be suffered or incurred, directly or indirectly, by the LICENSEE through use of the SOFTWARE and PROJECTS applications files developed with the SOFTWARE.. The LICENSEE indemnifies the LICENSOR from any losses and liabilities incurred by the LICENSEE through use of the SOFTWARE and PROJECTS applications files developed with the SOFTWARE.

SECTION V: TERMINATION

This license will be automatically terminated if the LICENSEE fails to comply with all of the limitations described within. Upon termination of the license, the LICENSEE must destroy all copies of the SOFTWARE in the possession of the LICENSEE.

SECTION VI: APPLICABLE LAW

The LICENCE agreement is governed by the laws of the State of Western Australia, and the LICENSEE and LICENSOR agree to submit to the jurisdiction of the courts of the State of Western Australia.

BY CLICKING THE "YES" BUTTON OR CONTINUING THE INSTALLATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.