By using all or any portion of Software (defined below), you accept the terms of this end user license agreement ("Agreement") and enter into a legally binding contract between yourself, Paiboon Publishing, and Word in the Hand™ Incorporated (Paiboon Publishing and Word in the Hand™ Incorporated are henceforth collectively known as "Manufacturer") under the terms and conditions specified herein below.

Software includes the registered and unregistered mode of the "Thai-English, English-Thai Dictionary for Palm OS®" software application and any other materials packaged therewith, attached thereto or downloaded or accepted therewith, including, but not limited to any computer programs, text documents, databases and database entries and this license agreement ("Software").

This version of Software is the exclusive property of Manufacturer and is protected by national and international copyright law, international copyright treaties and conventions, and other relevant laws.

The software is commercial software with a free, limited trial mode. As such, you are purchasing a limited, non-exclusive license to use Software under the terms and conditions contained herein and above ("License"), as follows:

1. PRIOR TO PURCHASING THE LICENSE and receiving a unique "registration code" for the software, you are permitted to freely download Software and you are encouraged to distribute the software to others ("Unregistered Mode"). The Unregistered Mode displays only 150 words (50 words per section) and is designed to let you evaluate the dictionary application, its user interface, and its fonts on your device. You agree to these limitations by accepting this agreement.

2. AFTER PURCHASING THE LICENSE and receiving and entering your unique "registration code", you may install and use only one copy of the software on only one unique handheld or personal digital assistant ("PDA") operating on a Palm OS operating system as approved by Manufacturer at any given time ("Registered Mode").

3. DISTRIBUTING SOFTWARE. Notwithstanding section 2 above, it is hereby clarified that you may distribute (meaning "beam" or "HotSync") the software at no charge to third parties, but you may not provide them with the unique "registration code" provided to you by Manufacturer. When Software, running in Registered Mode, is beamed or HotSynced to a separate handheld device or PDA, it is transmitted without the unique "registration code" and thus, for the purposes of beaming or HotSyncing, the new copy is considered to operate in Unregistered Mode. Manufacturer encourages you to beam or HotSync Software to third parties.

4. LICENSE GOOD FOR THIS VERSION. This license is applicable only to the installation and use of the version of Software which you receive(d) from Manufacturer along with this license. Any upgrades thereof may require additional license, whether or not for fee, as determined by Manufacturer, and may be subject to different terms of use.

5. LIMITED WARRANTY. Manufacturer warrants for a period of thirty (30) days from your date of purchase that Software as provided by Manufacturer will substantially conform to Manufacturer's published specifications for Software. Manufacturer's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Manufacturer's option, replacement of the media (if any), refund of the purchase price (based on fair market value of Software) or repair or replacement of Software. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY MANUFACTURER AND MANUFACTURER AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS WITH REGARD TO SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS, INCLUDING ALL EXPRESS AND/OR IMPLIED WARRANTIES AND CONDITIONS AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE, TITLE, AND NON-INFRINGEMENT. MANUFACTURER HEREBY ALSO DISCLAIMS ANY AND ALL WARRANTIES REGARDING DUTY OR CONDITION OF TITLE AND CORRESPONDENCE TO DESCRIPTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, ALL OR PART OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. This limited warranty is null and void if failure of Software has resulted from accident, abuse, misuse or misapplication of Software or your handheld device.

6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Manufacturer and/or its respective suppliers and/or third party contractors be liable for any special, indirect or consequential damages or any damages whatsoever resulting and/or arising from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of Software, to the maximum extent permitted by applicable law. Manufacturer's entire liability under any and all provisions of this license shall be limited to the amount actually paid by you for the license.

7. RESTRICTIONS. You may not sell, market, license, sub-license, license for fee, rent, lease, lend, develop new applications, enhance, modify, prepare derivative works, perform, display, affix, reverse engineer, decompile, disassemble, change and otherwise engage and/or exploit and/or do any act reserved by Manufacturer in connection with Software and/or any intellectual property contained therewithin, whether registered or not, subject to the terms and conditions of this license

8. NO INTELLECTUAL PROPERTY RIGHTS GRANTED. All title and intellectual property rights in and to Software (including, but not limited to, any fonts, typefaces, keyboard layouts, images, drawings, paintings, photographs, animations, video, audio, music and text), and any copies you are permitted to make herein are the sole property of and owned by Manufacturer or any of its suppliers. You shall neither acquire nor assert copyright ownership or any other proprietary rights in Software and/or its component parts or in any derivation, adaptation, variation or name thereof. Without limitation to the foregoing, you hereby irrevocably assign to Manufacturer all your worldwide right, title and interest and waive your moral rights (droite morale), in and to any derivations, adaptations, derivative works, compilations, collective works or variation created by you or for you or on your behalf. You hereby acknowledge, stipulate and agree that such assignment by you to Manufacturer includes, without limitation, the right of Manufacturer's part to license, sell or withhold such assigned materials.

9. ASSIGNMENT. This license may not be assigned, in whole or in part, by you to a third party, unless Manufacturer provides you with a prior written notice of such permission to assign. Manufacturer may assign any part of this agreement to any third party, without your prior written consent.

10. SEVERABILITY. If any provision of this license and/or agreement shall be declared void, the validity of any other provision and of the entire license and agreement shall not be affected thereby apart from such provision, which shall be deemed deleted.

11. APPLICABLE LAW. This Agreement shall be construed, interpreted, and applied in accordance with the laws of the State of California in the United States of America.

12. JURISDICTION. You and Manufacturer (the "parties") consent to the exclusive jurisdiction and venue of the federal and state courts located in San Mateo County, California, in the United States of America, in any action arising out of or relating to this Agreement. The parties waive any other venue to which either party might be entitled by domicile or otherwise.

13. LANGUAGE. This license is in the English language only, which language shall control and prevail in all respects. No translation, if any, of this license into any other language shall be of any force or effect in the interpretation of this license or in a determination of the intent of either party hereto.

14. INDEMNITY. You hereby agree to indemnify and hold Manufacturer and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any and all claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of this licensee or the documents it incorporates by reference, or your violation of any law or the rights of any third party.

15. WAIVERS. None of the terms, covenants, and conditions of this Agreement can be waived except by the written consent of the party waiving compliance.

16. SCOPE OF THE AGREEMENT. This Agreement is the only Agreement between you and Manufacturer pertaining to the subject matter hereof and supersedes all prior negotiations, documents, agreements, and representations.

17. NO JOINT VENTURE. You and Manufacturer are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.

18. OTHER RIGHTS. Any rights not expressly granted herein are reserved by Manufacturer.

19. HEADINGS. Headings of the sections of this Agreement are included for reference only and are not intended to affect the interpretation of the Agreement.