MICROSOFT SOFTWARE LICENSE TERMS FOR WINDOWS MOBILE 6 SOFTWARE Agreement

13.TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of Authenticity label, and these license terms directly to a third party. Before the transfer, that party must agree that these license terms apply to the transfer and use of the software. You may not retain any copies of the software including the backup copy.

14.NOT FAULT TOLERANT. The software is not fault tolerant. Company installed the software on the device and is responsible for how it operates on the device.

15.RESTRICTED USE. The Microsoft software was designed for systems that do not require fail-safe performance. You may not use the Microsoft software in any device or system in which a malfunction of the software would result in foreseeable risk of injury or death to any person.

This includes operation of nuclear facilities, aircraft navigation or communication systems and air traffic control.

16.NO WARRANTIES FOR THE

SOFTWARE. The software is provided "as is". You bear all risks of using it. Microsoft gives no express warranties, guarantees or conditions. Any warranties you receive regarding the device or the software do not originate from, and are not binding on, Microsoft or its affiliates. When allowed by your local laws, Company and Microsoft exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement.

17.LIABILITY LIMITATIONS. You can recover from Microsoft and its affiliates only direct damages up to fifty U.S.

Dollars (U.S. $50.00), or equivalent in local currency.

62