Anki for Palm OS

Copera Clickwrap License Agreement
COPERA, INC. ("Copera") IS WILLING TO LICENSE THE ACCOMPANYING 
SOFTWARE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS 
AGREEMENT.  PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE.
BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE 
BECOMING A PARTY TO THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS 
OF THIS AGREEMENT, Copera IS UNWILLING TO LICENSE THE ACCOMPANYING SOFTWARE TO 
YOU, AND YOU SHOULD CLICK THE "DO NOT ACCEPT" BUTTON TO DISCONTINUE THE 
DOWNLOAD AND INSTALLATION PROCESS.

GRANT OF LICENSE

Subject to the terms and conditions contained herein, Copera hereby grants to you,
the end user, a non-exclusive license to download, install and use the binary 
code versions of the Copera software programs titled Anki™ and AnkiBuilder™
and accompanying written materials (collectively the "Software") for your 
internal use.  Copera and/or its licensors reserve all rights not expressly 
granted to you herein.

This license is not a sale of the Software or any copy of the Software.  The 
Software contains valuable trade secrets of Copera and its licensors.  All 
worldwide ownership of and all rights, titles and interests in and to the 
Software, and all copies and portions of the Software, including without 
limitation, all intellectual property rights therein and thereto, are and will
remain exclusively with Copera and/or its licensors.

USER RESTRICTIONS

You may use, copy and distribute the Software, provided any copy must contain 
all of the original Software's copyright, trademark and other proprietary 
notices.  Notwithstanding the foregoing, you may not:  (i) use the Software, 
except under the terms listed above; (ii) modify, translate, reverse engineer,
decompile, disassemble or otherwise attempt to reconstruct or discover the 
source code of the Software (except to the extent applicable laws specifically
prohibit such restriction); (iii) create derivative works based on the 
Software; (iv) rent, lease, loan or resell the Software; (v) alter or remove 
any product identification, copyright, proprietary notices or labels from the 
Software; or (vi) offer the Software for use in a service bureau, in a time 
sharing environment, or on a fee-for-service or access or on-line basis.

COPYRIGHT AND COPY RESTRICTIONS

The Software is protected, among other ways, by the copyright laws of the 
United States and international copyright treaties.  All rights not expressly 
granted herein are retained by Copera and its licensors.

SUPPORT AND UPDATES

Copera is under no obligation to support the Software in any way or to provide 
updates or error corrections.

CONFIDENTIALITY

The Software is confidential and proprietary information of Copera and/or its 
licensors.  You agree to take adequate steps to protect the Software from 
unauthorized disclosure or use.

WARRANTY DISCLAIMER

THE SOFTWARE IS PROVIDED TO YOU "AS IS", AND YOUR USE OF THE SOFTWARE IS AT 
YOUR SOLE RISK.  Copera HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS,  WHETHER 
EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING, 
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A 
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  Copera DOES NOT WARRANT THAT THE 
SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE QUALITY OF THE 
SOFTWARE WILL MEET YOUR EXPECATIONS, OR THAT ERRORS IN THE SOFTWARE WILL BE 
CORRECTED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO 
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS, WHICH
VARY FROM STATE TO STATE. 

LIMITED LIABILITY

IN NO EVENT WILL Copera OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY 
FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES 
(INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, BUSINESS OR PROFITS) 
ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE USE, INABILITY TO 
USE, OPERATION, OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES 
FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), 
PRODUCTS LIABILITY OR OTHERWISE, AND WHETHER OR NOT Copera OR ITS LICENSORS HAVE 
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  

TERMINATION

This Agreement will terminate immediately and automatically without notice if 
you breach any material provision in this Agreement.  Upon termination you 
will remove all copies of the Software or any part of the Software from any 
and all computer storage devices and destroy the Software.  The provisions of 
this Agreement, except for the license grant and warranty, will survive 
termination.

U.S. GOVERNMENT RIGHTS

If you are acquiring the Software by or for any unit or agency of the United 
States Government, this provision applies.  The Software shall be classified 
as "commercial computer software", as that term is defined in the Federal 
Acquisition Regulation (the "FAR") and its supplements.  Copera represents that 
the Software was developed entirely at private expense, that no part of the 
Software was first produced in the performance of a Government contract, and 
that no part of the Software is in the public domain.


       If the Software is supplied for use by DoD, the Software is
                   delivered subject to the terms of this license agreement 
                   and either (i) in accordance with DFARS 227.7202-1(a) and 
                   227.7202-3(a), or (ii) with restricted rights in accordance
                   with DFARS 252.227-7013(c)(1)(ii) (OCT 1988), as applicable.

       If the Software is supplied for use by a Federal agency 
                   other than DoD, the Software is restricted computer 
                   software delivered subject to the terms of this license 
                   agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or 
                   (iii) FAR 52.227-14(ALT III), as applicable.


		   
If the Software is delivered to a distributor, reseller, integrator, higher 
tier contractor, or other non-Governmental entity ("Intermediary"), for 
ultimate delivery to the Government, the Intermediary shall obtain no rights 
in the Software except the right to perform its Government prime or 
subcontract and deliver the Software to the Government under the terms 
provided herein; and the Intermediary shall not alter or remove any 
proprietary rights legends placed on the Software by Copera.

RESTRICTED RIGHTS 

Use, duplication, or disclosure by the U.S. Government is subject to 
restrictions set forth in the Copera license agreement and as provided in 
DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) 
(OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), 
as applicable.  
Copera, 650 Castro St. Ste. 120-216, Mountain View, California 94041.

EXPORT LAW ASSURANCES

You acknowledge and agree that the Software is subject to restrictions and 
controls imposed by the United States Export Administration Act (the "Act") 
and the regulations thereunder.  You agree and certify that neither the 
Software nor any direct product thereof is being or will be acquired, shipped,
transferred, or reexported, directly or indirectly, into any country, except 
pursuant to an export control license under the Act and the regulations 
thereunder, or will be used for any purpose prohibited by the same.  By 
downloading or using the Software, you are acknowledging and agreeing to the 
foregoing, and you are representing and warranting that you are not located 
in, under the control of, or a national or resident of any such country.

GOVERNING LAW

This Agreement is governed by the laws of the State of California without 
regard to conflict of laws, rules and principles.  Application of the United 
Nations Convention on Contracts for the International Sale of Goods is 
expressly excluded.

MISCELLANEOUS

If any provision hereof shall be held illegal, invalid or unenforceable, in 
whole or in part, such provision shall be modified to the minimum extent 
necessary to make it legal, valid and enforceable, and the legality, validity 
and enforceability of all other provisions of this Agreement shall not be 
affected thereby.  No delay or failure by either party to exercise or enforce 
at any time any right or provision hereof shall be considered a waiver thereof
or of such party's right thereafter to exercise or enforce each and every 
right and provision of this Agreement.

This Agreement will bind and inure to the benefit of each party's permitted 
successors and assigns.  You may assign this Agreement in whole or in part, 
without Copera's written consent.  Any attempt to assign this Agreement without 
such consent will be null and void.

This Agreement is the complete and exclusive statement between you and Copera 
relating to the subject matter hereof and supersedes all prior oral and 
written and all contemporaneous oral negotiations, commitments and 
understandings of the parties, if any.

BY CLICKING ON THE "ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND 
FULLY UNDERSTAND THE FOREGOING INFORMATION AND AGREE TO BE BOUND BY ITS TERMS 
AND CONDITIONS.
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