Theta Band Software
Product License
MM PACK 1.0

Important:

This is a legal agreement between YOU ("YOU") and Theta Band Software, LLC
("THETA BAND SOFTWARE").  By using the MM Pack software to which this
license applies ("MM PACK"), YOU indicate YOUR acceptance of this
agreement.  If YOU do not agree with the terms of this agreement, YOU must
delete all copies of MM PACK.

1.  THETA BAND SOFTWARE grants YOU a non-exclusive, non-transferable,
perpetual license to use the MM PACK software on a single computer.  The
MM PACK software may be used on more than one of YOUR computers as long as
there is no possibility of it being used by more than one person at the
same time.  YOU may neither network the MM PACK software nor otherwise use
it on more than one computer at the same time.

2.  The software components of the MM PACK are considered to be parts of
one whole, not separate entities.  Use of one component on one machine
along with use of a different component on a different machine is
considered to be use of MM PACK on two machines, and therefore falls under
the restrictions outlined in Paragraph 1 above.

3.  YOU acknowledge that the MM PACK software contains valuable trade
secrets of THETA BAND SOFTWARE.  YOU may not disclose any of THETA BAND
SOFTWARE's proprietary or trade secret information relating to the MM PACK
software to any third party.  YOU must treat the MM PACK software with at
least the same degree of confidentiality and care as YOU keep YOUR own
confidential information, but not less than reasonable care.  All
obligations of confidentiality shall survive the termination of this
Agreement.

4.  All copyright, patent, trade secret, trademark, confidential
information and other intellectual and proprietary rights in the MM PACK
software are and shall remain the exclusive property of THETA BAND
SOFTWARE.  YOU may not attempt to reverse engineer , disassemble,
decompile, copy , modify, translate, reproduce, transfer, or distribute
the MM PACK software or related documentation.  YOU shall not tamper with,
bypass, or alter any security features of the MM PACK software or attempt
do so.

5.  THETA BAND SOFTWARE warrants that the MM PACK software will perform
substantially in accordance with its aaccompanying documentation for 90
days after the date of receipt.  YOUR exclusive remedy for break of this
limited warranty and THETA BAND SOFTWARE's entire liability shall be
return of the price paid to THETA BAND SOFTWARE by YOU for the MM PACK
software.  THETA BAND SOFTWARE MAKES NO OTHER WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE MM PACK SOFTWARE AND DOCUMENTATION, AND
SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.  THETA BAND SOFTWARE DOES NOT WARRANT
THAT THE OPERATION OF THE MM PACK SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE.

6.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THETA BAND
SOFTWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES WHATSOEVER, INCLUDING ANY CLAIMS FOR LOST PROFITS, BUSINESS
INTERRUPTION, LOST INFORMATION, OR OTHER ARISING OUT OF THE USE OR
INABILITY TO USE THE MM PACK SOFTWARE.

7.  YOU may return the MM PACK software within 30 days of the date of
delivery to the place of purchase for a full refund excluding shipping
charges.  YOU must return the MM PACK software and documentation and
contants in resalable condition.  YOU may not retain any copies of the MM
PACK software or documentation.  If the MM PACK software and documentation
was delivered to YOU wholly in electronic form, then YOU do not need to
return anything; however, the remainder of this paragraph still applies.

8.  This is the entire agreement between the parties with respect to the
licensing of the MM PACK software and supersedes all other proposals and
agreements related to this licensing.  This agreement may be modified only
by prior written consent of both parties.  This agreement shall be
governed by the laws of the state of California without regard for its
choice of law provisions.  All disputes arising under this agreement shall
be brought exclusively in a court of competent jurisdiction located in
Santa Clara, California.

