IMPORTANT - Read this License Agreement carefully before using the software. By using the software, you agree to be bound by the terms of the License Agreement. --

If you think something is unacceptable in the license agreement, send email to info@freshmowed.com, and we'll get back to you.

END USER LICENSE AGREEMENT

THIS IS A LEGAL AGREEMENT between you (either an individual or an entity) and freshmowed software. By using the software, you are agreeing to be bound by the terms and conditions of this License Agreement. If you do not agree to the terms and conditions of this License Agreement, do not click on the "Agree" button.

1. Grant of Limited License.

Freshmowed software grants to you the free, non-exclusive, limited right to install and use this software program ("the Software") on any number of machines.

2. Copyright.

The Software is owned by freshmowed software and is protected by United States copyright laws and by international treaty provisions. Among other things, copyright laws prohibit you from making derivative works of the Software. You may, however, make copies of the Software and distribute said copies, provided that you include all copyright and proprietary rights notices on any copies.

3. Other Restrictions.

(a) You may modify, reverse-engineer, decompile, or disassemble the Software. However, you may not do so for the purpose of disabling the feature of the Software that provides for enforcing trial period limitations or for the purpose of circumventing any of the terms of this License Agreement or any other provision of law.

(b) You may not claim that the Software is yours, and you may not use the name "freshmowed software" or "freshmowed" to endorse or promote products derived from the Software without prior written permission. (d) You may distribute copies of the Software, in whole, to any third party, but you may not convey use rights, rent, loan, sublicense, or lease the Software to third parties.

4. Warranties and Limitation of Liability.

THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. FRESHMOWED SOFTWARE FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT FRESHMOWED SOFTWARE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

IN NO EVENT SHALL FRESHMOWED SOFTWARE OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF THE SOFTWARE, BE LIABLE FOR ANY DAMAGES WHATSOEVER; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT OF THE USE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF YOU HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL FRESHMOWED SOFTWARE BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER, WHETHER IN A CONTRACT ACTION, NEGLIGENCE OR OTHER TORT ACTION, OR OTHER CLAIM OR ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE SOFTWARE OR DOCUMENTS AND OTHER INFORMATION PROVIDED TO YOU BY FRESHMOWED SOFTWARE, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION.

Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise received the Software.

5. Your Warranty to freshmowed software.

You warrant that all individuals having access to the Software will observe and perform all the terms and conditions of this License Agreement. You agree to indemnify and hold harmless freshmowed software from any and all claims resulting from your use of the Software or breach of this Agreement.

6. Terms of Service.

To the extent freshmowed software may access Personal Information, freshmowed software will not transmit Personal Information voluntarily to any third party without your express consent. Your Personal Information remains in your full control.

7. Export Control Laws.

You agree to comply with all laws, rules and regulations applicable to the export of the Software. Specifically, you shall not export, re-export or transship the Software, or the direct product thereof, in violation of any United States laws and regulations which may from time to time be applicable. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Order. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

8. Injunctive Relief.

Because of the unique nature of the Software, you understand and agree that freshmowed software will suffer irreparable injury in the event you fail to comply with any of the terms of paragraph 3 of this License Agreement and that monetary damages may be inadequate to compensate freshmowed software for such breach. Accordingly, you agree that freshmowed software will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this Agreement.

9. Termination.

You may terminate this Agreement at any time. Freshmowed software may immediately terminate this License Agreement if you breach any representation, warranty, agreement or obligation contained or referred to in this License Agreement. Upon termination, you must dispose of the Software and all copies or versions of the Software by destroying the Software. The provisions of Sections 3, 4, 5, 6, 7, 8, 9 and 10 of this License Agreement shall survive termination of this Agreement.

10. Miscellaneous.

If any litigation is brought to enforce this License Agreement, or arises out of this License Agreement, the prevailing party shall be awarded its reasonable attorneys' fees together with expenses and costs incurred in such litigation. This Agreement shall be governed by the laws of the State of Texas, but not including the 1980 United Nations Convention on Contracts for International Sale of Goods. Venue for any action under this Agreement shall be in Austin, Texas. You consent to the personal jurisdiction of the courts of such venue. This License Agreement is the complete agreement between freshmowed software and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.

11. U.S. Government Restricted Rights.

The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 48 CFR § 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights 48 CFR § 52.227-19, as applicable.

If the Commercial Computer Software Restricted Rights clause at 48 CFR § 52.227-19 or its successors apply, the Software constitutes restricted computer software as defined in that clause and the Government shall not have the license for published software set forth in subparagraph (c)(3) of that clause.

The Software (i) was developed at private expense, and no part of it was developed with governmental funds; (ii) is a trade secret of freshmowed software for all purposes of the Freedom of Information Act; (iii) is "restricted computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to freshmowed software.

COPYRIGHT NOTICE. Copyright (c) 2006 freshmowed software Austin TX. All rights reserved. Any rights not expressly granted in this License Agreement are reserved.

TRADEMARKS. "freshmowed software," "freshmowed ideas," "freshmowed," "countabit," and "Countabout" are either trademarks or registered trademarks of freshmowed software.