END-USER LICENSE AGREEMENT FOR SECOND KISS WIRELESS SOFTWARE The software offered by Second Kiss Wireless, Inc. (the "SOFTWARE") provides users with the capability of accessing schedules supplied by local Transit Authorities. Second Kiss Wireless, Inc. makes no claim of ownership of the schedule data, nor warrants their accuracy or reliability. The following are the terms and conditions for use of the SOFTWARE, along with any amendments thereto, and any operating rules or policies that may be published from time to time by Second Kiss Wireless (collectively, the "END-USER LICENSE AGREEMENT" or "EULA"). READ THIS BEFORE DOWNLOADING, COPYING OR USING THE SOFTWARE. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE STATING THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS EULA. LICENSE GRANT Second Kiss Wireless hereby grants You non-exclusive use of the Software subject to the following terms: 1. You may (a) install the Software on unlimited numbers of Palm-Powered® devices for personal, non-commercial purposes only, provided that every copy contains all of the original Software's proprietary notices; and (b) transmit or "beam" the Software to a willing Recipient who has read and agreed to the terms of this EULA. 2. You may not: (a) reverse engineer, decompile, disassemble, modify, translate, or create derivative works based upon the Software; (b) rent, lease, sell, or otherwise transfer rights to the Software, except as outlined in Section 1(b) above; or (c) remove any proprietary notices or labels on the Software. TITLE Second Kiss Wireless maintains the title, ownership, rights, and intellectual property rights in and to the Software. The Software is protected by copyright law of the United States and international copyright treaties. NO RESALE OF SOFTWARE You agree not to resell the SOFTWARE or use of or access to the SOFTWARE. INDEMNIFICATION You agree to indemnify, defend and hold harmless Second Kiss Wireless and its parents, subsidiaries, affiliates including the local Transit Authority, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with Your use of the SOFTWARE. Second Kiss Wireless reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, which shall not excuse Your indemnity obligations. DISCLAIMER OF WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECOND KISS WIRELESS AND ITS SUPPLIERS PROVIDE TO YOU THE SOFTWARE, AND ANY (IF ANY) SERVICES RELATED TO THE SOFTWARE ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND SECOND KISS WIRELESS AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE SOFTWARE AND SUPPORT SERVICES IN ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, ACCURACY OR COMPLETENESS OF ANY DATA PRODUCED BY THE SOFTWARE, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND ANY SOFTWARE REMAINS WITH YOU. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SECOND KISS WIRELESS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF SECOND KISS WIRELESS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SOFTWARE, THE DATA AVAILABLE ON OR THROUGH THE SOFTWARE, OR WITH ANY OF SECOND KISS WIRELESS'S EULA, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE. LIMITATION OF LIABILITY AND REMEDIES NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF SECOND KISS WIRELESS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MISCELLANEOUS This Agreement constitutes the complete and exclusive agreement between Second Kiss Wireless and You with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The EULA and the relationship between You and Second Kiss Wireless shall be governed by and construed in accordance with the laws of the state of Maryland and the United States without regard to conflict of law provisions. You and Second Kiss Wireless agree to submit to the personal and exclusive jurisdiction of the courts located in the state of Maryland. The failure of Second Kiss Wireless to exercise or enforce any right or provision of the EULA shall not constitute a waiver of such right or provision. If any provision of the EULA is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the EULA shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or to the EULA must be commenced within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the EULA are for convenience only and have no legal or contractual effect or significance. LANGUAGE It is the express wish of the parties that the EULA and all related documents have been drawn up in English. C'est la volenté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.