Enterprise Intellisync
Evaluation Program

NOTICE AND END USER LICENSE AGREEMENT FOR 30-DAY EVALUATION OF ENTERPRISE INTELLISYNC SOFTWARE

NOTICE TO END-USER: CAREFULLY READ THE FOLLOWING LEGAL TERMS AND CONDITIONS ("AGREEMENT"). INSTALLATION OR USE OF THE ATTACHED PUMATECH™ SOFTWARE PROGRAMS (COLLECTIVELY, "SOFTWARE") ON YOUR COMPUTER SYSTEMS CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE A PROMPTLY DELETE THE SOFTWARE FROM YOUR COMPUTER SYSTEMS AND DESTROY ANY COPIES YOU MADE OF THE SOFTWARE.

THIS IS A 30-DAY EVALUATION LICENSE ONLY. IF YOU DESIRE TO CONTINUE USING THE SOFTWARE AFTER 30 DAYS, YOU MUST PURCHASE A LICENSE FROM PUMATECH OR AN AUTHORIZED RESELLER.

TERMS AND CONDITIONS

1. License. Pumatech, Inc. ("Pumatech") grants to your company ("Licensee") a fully paid, non-exclusive, non-transferable license, without right to sublicense, for Licensee's employees to install and use the Software on their computer systems at Licensee's facilities for the sole purpose of evaluating the Software and determining whether Licensee desires to enter into a future corporate site license agreement for the Software. This Agreement does not obligate Licensee to purchase the Software. Only the number of employees listed below may install and use the Software.

2. Title to the Software. The original, and any copies of the Software, in whole or in part, which are made by Licensee or Pumatech, including partial copies, regardless of the form or media in or on which such copies may exist, are and shall remain the exclusive property of Pumatech. Licensee agrees that it will not remove any copyright or other proprietary notices from the Software.

3. Exclusions. THE SOFTWARE IS PROVIDED "AS IS". THERE ARE NO WARRANTIES UNDER THIS AGREEMENT, AND PUMATECH EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF OWNERSHIP, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. PUMATECH SHALL NOT BE OBLIGATED TO PROVIDE ANY SUPPORT, MAINTENANCE OR UPDATES PURSUANT TO THIS AGREEMENT. IN NO EVENT SHALL PUMATECH BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES PURSUANT TO THIS AGREEMENT.

4. Term; Termination. The license granted hereunder shall commence on the Effective Date and shall continue thirty (30) days, unless earlier terminated as provided herein. Pumatech may, at its option, terminate this Agreement if Licensee defaults in performance hereunder. Such termination shall be without prejudice to any other remedy that may be available to Pumatech. The provisions set forth in Sections 3, 4 and 6 hereof shall survive any termination of this Agreement. Upon termination or expiration of this Agreement, Licensee may purchase a corporate site license for the Software from Pumatech or an authorized reseller. The terms and conditions of such corporate site license agreement shall supersede the terms and conditions of this Agreement. If Licensee does not purchase a corporate site license for the Software, Licensee shall immediately return the master copy of the Software to Pumatech, delete all copies of the Software from its systems and have no further right to use the Software.

5. General Provisions. This Agreement shall be governed by laws of the State of California, U.S.A., excluding conflicts of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement shall not be modified or amended in any respect except by a writing signed by each party. Licensee may not assign this Agreement or any right granted hereunder, in whole or in part, without Pumatech's prior written consent. Any litigation arising under this Agreement shall occur in the state or federal courts located in Santa Clara County, California, U.S.A. The prevailing party shall be entitled to reasonable attorneys' fees and costs incurred in such proceeding. This Agreement represents the entire agreement between the parties and supersedes all contemporaneous or prior agreements and understandings, whether written or oral, with respect to all matters covered in this Agreement.

BY COMPLETING THE REGISTRATION INFORMATION BELOW AND CLICKING "DOWNLOAD" LICENSEE ACKNOWLEDGES HAVING READ THE TERMS AND CONDITIONS SET FORTH ABOVE, REPRESENTS THAT IT UNDERSTANDS ALL SUCH TERMS AND CONDITIONS, AND AGREES TO BE BOUND THEREBY.

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