Heap Android Software License Agreement
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License
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1.  Under this Software License Agreement (the "Agreement"), Heap (the
    "Vendor") grants to the user (the "Licensee") a non-exclusive
    and non-transferable license (the "License") to use Heap Android
    (the "Software").

2.  "Software" includes the executable computer programs and any
    related printed, electronic and online documentation and any other
    files that may accompany the product.

3.  "Licensee Application" means software applications developed by the
    Licensee integrating the Software distributed to End Users.

4.  "End Users" means final users of the Lincenee Application.

5.  Except where explicitly exempted in (7) below, title, copyright,
    intellectual property rights and distribution rights of the Software
    remain exclusively with the Vendor. Intellectual property rights
    include the look and feel of the Software. This Agreement
    constitutes a license for use only and is not in any way a transfer
    of ownership rights to the Software.

6.  The rights and obligations of this Agreement are personal rights
    granted to the Licensee only. The Licensee may not transfer or
    assign any of the rights or obligations granted under this Agreement
    to any other person or legal entity. Except where permitted in (7)
    below, the Licensee may not make available the Software for use by
    one or more third parties.

7.  Subject to the terms and conditions of the Agreement, the Vendor
    grants to the Licensee a worldwide, irrevocable, royalty-free,
    fully-paid up license to copy and distribute the Software when
    embedded in Licensee Applications intended for End Users.

8.  End Users using Licensee Applications are not required to have a
    valid License.

9.  The Software may not be modified, reverse-engineered, or de-compiled
    in any manner through current or future available technologies.

10. Failure to comply with any of the terms under the License section
    will be considered a material breach of this Agreement.


Limitation of Liability
-----------------------

11. The Software is provided by the Vendor and accepted by the Licensee
    "as is". Liability of the Vendor will be limited to a maximum of
    the original purchase price of the Software. The Vendor will not be
    liable for any general, special, incidental or consequential damages
    including, but not limited to, loss of production, loss of profits,
    loss of revenue, loss of data, or any other business or economic
    disadvantage suffered by the Licensee arising out of the use or
    failure to use the Software.

12. The Vendor makes no warranty expressed or implied regarding the
    fitness of the Software for a particular purpose or that the
    Software will be suitable or appropriate for the specific
    requirements of the Licensee.

13. The Vendor does not warrant that use of the Software will be
    uninterrupted or error-free. The Licensee accepts that software in
    general is prone to bugs and flaws within an acceptable level as
    determined in the industry.
    Warrants and Representations

14. The Vendor warrants and represents that it is the copyright holder
    of the Software. The Vendor warrants and represents that granting
    the license to use this Software is not in violation of any other
    agreement, copyright or applicable statute.


Acceptance
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15. All terms, conditions and obligations of this Agreement will be
    deemed to be accepted by the Licensee ("Acceptance") on
    installation of the Software.


User Support
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16. No user support or maintenance is provided as part of this
    Agreement.


Term
----

17. The term of this Agreement will begin on Acceptance and is
    perpetual.


Termination
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18. This Agreement will be terminated and the License forfeited where
    the Licensee has failed to comply with any of the terms of this
    Agreement or is in breach of this Agreement. On termination of this
    Agreement for any reason, the Licensee will promptly destroy the
    Software or return the Software to the Vendor.


Force Majeure
-------------

19. The Vendor will be free of liability to the Licensee where the
    Vendor is prevented from executing its obligations under this
    Agreement in whole or in part due to Force Majeure, such as
    earthquake, typhoon, flood, fire, and war or any other unforeseen
    and uncontrollable event where the Vendor has taken any and all
    appropriate action to mitigate such an event.


Governing Law
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20. The Parties to this Agreement submit to the jurisdiction of the
    courts of the State of California for the enforcement of this
    Agreement or any arbitration award or decision arising from this
    Agreement. This Agreement will be enforced or construed according to
    the laws of the State of California.


Miscellaneous
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21. This Agreement can only be modified in writing signed by both the
    Vendor and the Licensee.

22. This Agreement does not create or imply any relationship in agency
    or partnership between the Vendor and the Licensee.

23. Headings are inserted for the convenience of the parties only and
    are not to be considered when interpreting this Agreement. Words in
    the singular mean and include the plural and vice versa. Words in
    the masculine gender include the feminine gender and vice versa.
    Words in the neuter gender include the masculine gender and the
    feminine gender and vice versa.

24. If any term, covenant, condition or provision of this Agreement is
    held by a court of competent jurisdiction to be invalid, void or
    unenforceable, it is the parties' intent that such provision be
    reduced in scope by the court only to the extent deemed necessary by
    that court to render the provision reasonable and enforceable and
    the remainder of the provisions of this Agreement will in no way be
    affected, impaired or invalidated as a result.

25. This Agreement contains the entire agreement between the parties.
    All understandings have been included in this Agreement.
    Representations which may have been made by any party to this
    Agreement may in some way be inconsistent with this final written
    Agreement. All such statements are declared to be of no value in
    this Agreement. Only the written terms of this Agreement will bind
    the parties.

26. This Agreement and the terms and conditions contained in this
    Agreement apply to and are binding upon the Vendor's successors and
    assigns.


Notices
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27. All notices to the Vendor under this Agreement are to be provided at
    the following address:
        Heap
        225 Bush St Ste 200
        San Francisco CA  94104-4251
        USA
