Zebtab™ End User Software Licensing Agreement

THE COPYRIGHT IN THE ZEBTAB™ USER APPLICATION (HEREAFTER: the Software) IS ADMINISTERED BY ZEBTAB LIMITED (HEREAFTER: Zebtab) ON BEHALF OF THE OWNERS. READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING THE SOFTWARE ON YOUR COMPUTER(S), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENCE AGREEMENT. If you do not agree to the terms of this Licence do not install or do not allow staff to install the software on your computer(s), and do not use the software.

LICENCE:

This is a legal agreement between you (either an individual or an entity) and Zebtab Ltd of Unit 11, Turnmills, 63 Clerkenwell Road, Clerkenwell, London, EC1M 5NP. BY INSTALLING THE SOFTWARE OR BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

1. Zebtab licences you to use the Zebtab™ Application, the software contained in this package ("the Software"). This copy of the Software is licensed (not sold) to you for use only under the terms of this Licence. Zebtab retains all title and ownership of the Software.

2. The license is granted for an unlimited duration.

3. Subject to all other conditions in this agreement you been granted a license to run one instance of the Software on your machine. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM drive or other storage device) of that computer.

4. Except as provided above, you may not (a) copy, modify or reproduce the software for any purpose unless it is properly permitted under the Agreement, or (b) distribute the software or any portion thereof to anyone else, except that you may transfer the software (but only together with the user documentation provided in the packaging) on a permanent basis, in which case you must not keep any copies and the person you transfer the software to must agree to the terms of this Licence. You may not copy the user documentation and you may not remove any proprietary notices in the software.

5. All intellectual property rights in the Software (including all animations, audio, images, maps, music, photographs, video, and text incorporated into the Software) are owned by Zebtab and its partners / third parties (unless otherwise stated) and are protected by Copyright law and international Copyright treaty. Zebtab and its suppliers retain all rights not expressly granted.

6. Zebtab accepts no responsibility for the legality and accuracy of content (news, video, music, opinions) provided by partners / third parties involved with the Zebtab™ system. All communications by partners / third parties are the responsibility of partners / third parties and not Zebtab.

7. Any links within a partners / third party content are managed by the partner / third party and not Zebtab. Users are free to leave the linked to websites at their will. Zebtab accepts no responsibility for content on the linked to sites.

6. You must protect the confidentiality of the software. You acknowledge that the Software in source code form remains a confidential trade secret of Zebtab and/or its suppliers and therefore you agree not to modify the Software or attempt to decipher, de-compile, disassemble or reverse engineer the Software, except to the extent that applicable law allows you to do so and does not permit you to agree otherwise.

7. Except as provided in this statement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation.

8. Due to the unique nature of the Software, you understand and agree that Zebtab will suffer irreparable injury in the event you fail to comply with any of the terms of this License Agreement. Financial damages may be inadequate to compensate Zebtab for such breach. You agree that Zebtab will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this License Agreement.

9. You will receive updates from Zebtab Ltd by email and through Zebtab.

10. TERMINATION: This licence will terminate automatically if you fail to comply with the terms and conditions described above. Upon termination of this licence, you agree to destroy all copies of the Software and its associated documentation, including any Software stored on the hard disk of any computer under your control.

WARRANTY AND LIMITATION OF LIABILITY

11. LIMITED WARRANTY: Zebtab does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. You have full responsibility for selecting the Software to achieve your intended results and for the installation, use and results obtained from the Software. You also have the entire risk as to the quality and performance of the Software.

12. Save where the software is licensed to a person dealing as consumer (within the meaning of the Unfair Conditions and Terms Act 1977) and subject to the warranties expressly stated in this Licence, Zebtab makes no warranty relating to the workmanship, or design of the Software and all other conditions, warranties, stipulations or other statements, whether express or implied by common law, statute or otherwise relating directly or indirectly to such matters are hereby excluded. In particular, but without prejudice to the generality of the foregoing, Zebtab makes no warranty (other than as set out in this Agreement) regarding the fitness for purpose, performance, use, quality or compatibility of the software.

13. Zebtab shall not under any circumstances be liable in contract, tort (including negligence or breach of statutory duty) statute or otherwise for any indirect or consequential loss or damage of any kind or for increased costs or expenses, or loss of profit, lost data, business, contracts, revenues or savings.

14. Zebtab's aggregate liability under this Licence in contract, tort (including negligence or breach of statutory duty), statute or otherwise (other than death or personal injury caused by Zebtab's negligence) shall be limited to the price you pay for the license to use the Software.

15. HIGH RISK ACTIVITIES: The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line 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 the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Zebtab and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

GENERAL PROVISIONS

16. This Licence may only be modified in writing, signed by you and an authorised officer of Zebtab. If any provision of this Licence is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

17. This Licence shall be construed, interpreted and governed by the laws of England & Wales. Zebtab and its suppliers reserve all rights not specifically granted in this Licence. All the disputes relevant to this agreement should be heard and determined before an appropriate court only in England & Wales.

COPYRIGHT NOTICE. Copyright ©2008 Zebtab Ltd. All rights reserved.

Trademarks: Zebtab is a registered trademark of Zebtab Ltd.