MINIMUSIC(TM) ELECTRONIC END USER LICENSE AGREEMENT 
FOR THE MINIMUSIC BEATPAD SOFTWARE

NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT.
This miniMusic End User License Agreement accompanies the miniMuisc BeatPad product 
and related explanatory materials ("Software"). The term Software also
shall include any upgrades, modified versions or updates of the Software licensed to you by miniMusic.
Please read this Agreement carefully. Use and/or installation of this software will constitute  acceptance
of this agreement.  If you do not wish to accept this Agreement, return or destroy any and all copies.
Upon your acceptance of this Agreement, miniMusic grants to you a nonexclusive license to use the
Software, provided that you agree to the following:
1. Use of the Software.
 You may install the Software on a Palm Computing device, or other Palm OS device, and make backup 
copies of the Software.
 You may not make or distribute any copies of the Software, or install copies on other devices (unless 
owned and operated by you), by electronic, infra-red, or other means.
2. Copyright and Trademark Rights. The Software is owned by miniMusic and its suppliers, and its
structure, organization and code are the valuable trade secrets of miniMusic and its suppliers. The Software
also is protected by United States Copyright Law and International Treaty provisions. You may use
trademarks only insofar as required to comply with Section 1 of this Agreement, in accordance with accepted 
trademark practice, including identification of trademark owners name. Such use of any trademark does not 
give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant 
you any intellectual property rights in the Software.
3. Restrictions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of the Software. Although you may customize the
preferences for the Software, you may not otherwise alter or modify the program or create a new installer 
for the Software. The Software is licensed and distributed by miniMusic for creating, viewing,
and editing music files. Any plug-in or enhancement, unless distributed by miniMusic or its supliers,
may not be used with the Software.
4. No Warranty. The Software is being delivered to you AS IS and miniMusic makes no warranty as to
its use or performance. MINIMUSIC AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR
DOCUMENTATION. MINIMUSIC AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MINIMUSIC OR ITS
SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL
DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A MINIMUSIC
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion
or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or
limitations on how long an implied warranty may last, so the above limitations may not apply to you.
5. Governing Law and General Provisions. This Agreement will be governed by the laws of the
State of California, U.S.A., excluding the application of its conflicts of law rules. This Agreement will
not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. If any part of this Agreement is found void and
unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid
and enforceable according to its terms. You agree that the Software will not be shipped, transferred or
exported into any country or used in any manner prohibited by the United States Export Administration
Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate
upon failure by you to comply with its terms. This Agreement may only be modified in writing signed
by an authorized officer of miniMusic.
Unpublished-rights reserved under the copyright laws of the United States.
miniMusic, 486 18th Avenue, San Francisco, CA 94121.
miniMuisc and miniMusic BeatPad are trademarks of miniMuisc, a division of The 5th Wall.
YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT IS INDICATED BY INSTALLATION
AND USE OF THE SOFTWARE.