PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY AND, IF YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT WITHOUT ANY MODIFICATION, THEN CLICK THE "I AGREE" BUTTON AND YOU CAN CONTINUE WITH DOWNLOADING AND INSTALLING THE LICENSED SOFTWARE. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS AND CONDITIONS, THEN CLICK THE "I DO NOT AGREE" BUTTON AND YOU CANNOT DOWNLOAD, INSTALL, OR USE THE LICENSED SOFTWARE.

MARKZWARE END USER LICENSE AGREEMENT

This End User License Agreement contains the terms and conditions which must be agreed to in order for a person to download, install, and/or use the Licensed Software (as defined below). As used herein: (1) "Markzware" means MARKZWARE, a California corporation; (2) the "End User" means the person who clicks the "I AGREE" button as part of the downloading or installation of any version of the Licensed Software; and (3) this "Agreement" means this End User License Agreement between Markzware and the End User, as it may be modified or amended from time to time.

BY CLICKING THE "I ACCEPT" BUTTON OR BY INSTALLING OR USING THE LICENSED SOFTWARE, THE END USER AGREES WITH MARKZWARE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:

SECTION 1. DEFINITIONS. As used in this Agreement, the following capitalized terms shall have the following respective definitions (unless the context requires otherwise): (1) the "Documentation" means the user information, technical documentation, and other written (including online) materials which: (i) are related to the Licensed Software; and (ii) are provided by Markzware to the End User; (2) the "Effective Date" means the first date on which the End User clicks the "I AGREE" button as part of the downloading or installation of any version of the Licensed Software; and (3) the "Licensed Software" means the object code only of the Markzware FlightCheck Online client software, including any updated versions thereof, which the End User legally downloads from Markzware's website or which is otherwise provided by Markzware to the End User.

SECTION 2. LICENSE. Subject to the terms and conditions of this Agreement, Markzware hereby grants to the End User a limited, nonexclusive, nontransferable, non-sublicensable license to use the Licensed Software and the Documentation only during the Term (as defined below) for the purposes contemplated by this Agreement (the "License").

SECTION 3. LIMITATIONS. The License shall only be in effect during the Term. The End User: (i) may make one copy of the Licensed Software for backup purposes only; and (ii) may copy the Documentation only as reasonably required by the End User for user reference and backup purposes. Each copy of the Licensed Software or the Documentation made by the End User shall contain the same proprietary notices, labels, and marks of Markzware and its suppliers as the original thereof without any alteration. The End User shall not: (i) sublicense, assign, lease, encumber, or otherwise transfer or attempt to transfer the Licensed Software or the Documentation; (ii) reverse engineer, decompile, disassemble, or create derivative works of the Licensed Software; (iii) export or re-export the Licensed Software or the Documentation in violation of any applicable laws, rules, or regulations; (iv) remove or alter any proprietary notices, labels, or marks on or contained in any part of the Licensed Software or the Documentation; (v) make any copies of the Licensed Software or the Documentation except as permitted above; or (vi) install the Licensed Software on any computer other than as permitted by this Agreement. As a condition of the use of the Licensed Software by the End User, the End User hereby represents and warrants to Markzware that the End User shall not use the Licensed Software for any purpose that is unlawful or prohibited by this Agreement. The End User agrees to abide by all applicable local, state, national, and international laws and regulations in the End User's use of the Licensed Software, and agrees not to interfere with the use and enjoyment of the Licensed Software by others. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO MARKZWARE AND OR ITS SUPPLIERS.

SECTION 4. FEES. In consideration of the grant of the License, the End User agrees to be bound by this Agreement. There is no license fee to be paid under this Agreement.

SECTION 5. SUPPORT AND UPDATES. The End User understands and agrees that: (i) the Licensed Software may contain bugs, inaccuracies, errors, and defects; (ii) Markzware may support or maintain the Licensed Software in its sole discretion; (iii) Markzware and its suppliers have no obligation to correct such bugs, etc. or to support or maintain the Licensed Software; and (iv) if the End User relies on the Licensed Software for any reason, then such reliance is done at the End User's own risk. The End User further understands and agrees that: (i) as noted above, the term "Licensed Software" includes any and all updates thereof that may be provided to the End User from time to time; (ii) in Markzware's sole discretion, Markzware may make any such update available for download or otherwise; and (iii) after the End User has installed the Licensed Software, Markzware may cause any such update to be provided automatically to the End User without the End User's further consent.

SECTION 6. TERM AND TERMINATION. The term of the License (the "Term") shall commence on the Effective Date and shall continue indefinitely until terminated as provided in this Agreement. In Markzware's sole discretion, Markzware may modify, disable, or discontinue, temporarily or permanently, any aspect of the Licensed Software at any time without prior notice. Either party shall be entitled to terminate the Term with or without cause at any time upon notice thereof to the other party. If Markzware disables the Licensed Software, then this shall be deemed to be notice to the End User that Markzware has terminated the Term. Upon any termination of the Term: (i) the End User shall cease immediately all use of the Licensed Software; (ii) the End User shall uninstall and delete all of the Licensed Software from the End User's computers and storage devices; and (iii) the End User shall destroy or return to Markzware all materials related to the Licensed Software in the End User's possession or control.

SECTION 7. OWNERSHIP. The End User understands and agrees that: (i) the Licensed Software is the copyrighted property of and owned by Markzware and/or its suppliers; (ii) the Licensed Software is protected by copyright laws and international treaty provisions; (iii) the Licensed Software is not being sold to the End User; and (iv) Markzware and/or its suppliers retain all title and intellectual property rights in the Licensed Software and the Documentation, all copies of the Licensed Software and the Documentation, and all CD-ROMs, diskettes, and other media containing the Licensed Software.

SECTION 8. PRIVACY AND DATA. In connection with the use of the Licensed Software by the End User, Markzware and its suppliers will obtain: (i) certain personal information about the End User, such as the End User's name and email address (the "Personal Information"); and (ii) certain usage and site data (the "Usage Data"). Markzware and its suppliers will of course use the Personal Information and the Usage Data to satisfy the requests made by the End User while using the Licensed Software. Markzware and its suppliers will not disclose or provide any Personal Information to third parties except as necessary to carry out such requests by the End User. The Usage Data does not contain any Personal Information and Markzware does not connect this Usage Data to any Personal Information. The End User understands and agrees that Markzware and its suppliers may use, sell, and disclose the Usage Data for any purpose deemed appropriate by Markzware without restriction. In order to provide special offers, promotional information, and product announcements, Markzware may send communications to the End User. If the End User does not want to receive information about special offers, promotional information, and product announcements, then the End User may choose to not receive such communications from Markzware by sending an email to unsubscribe@Markzware.com which states such choice; and Markzware will take reasonable steps to remove the End User from Markzware's list of persons who will have the opportunity of receiving such communications.

SECTION 9. LINKS TO THIRD-PARTY WEBSITES. The Licensed Software may contain hyperlinks to websites owned or operated by parties other than Markzware. Such hyperlinks are provided for the End User's convenience and reference only. Markzware does not control such websites and is not responsible for their contents. Markzware does not make any representations or warranties, express or implied, regarding these websites. Markzware's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

SECTION 10. EXCLUSION OF WARRANTIES. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT MARKZWARE MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE LICENSED SOFTWARE AND THE DOCUMENTATION ARE BEING PROVIDED TO THE END USER ON AN "AS-IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND. MARKZWARE AND ITS THIRD PARTY SUPPLIERS, VENDORS, AND DISTRIBUTORS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND INCLUDING WITHOUT LIMITATION ALL WARRANTIES REGARDING CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO THE END USER.

SECTION 11. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARKZWARE AND/OR ITS THIRD PARTY SUPPLIERS, VENDORS, AND DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, COST OF COVER, OR LOST SAVINGS), WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE (INCLUDING ANY DAMAGES WHICH ARE IN ANY WAY CONNECTED WITH ANY USE OF THE LICENSED SOFTWARE OR THE PERFORMANCE OR NON PERFORMANCE BY MARKZWARE AND/OR ITS THIRD PARTY SUPPLIERS, VENDORS, AND DISTRIBUTORS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO THE END USER.

If, notwithstanding the foregoing, Markzware or any of its third party suppliers, vendors, or distributors are found liable for any loss or damage which arises out of or is in any way connected with any use of the Licensed Software or the performance or non performance by Markzware and/or its third party suppliers, vendors, and distributors (whether such damages are based in contract, tort (including negligence), products liability, or otherwise), then the liability of Markzware and its third party suppliers, vendors, and distributors shall in no event exceed, in the aggregate, the amount of the fees previously paid by the End User to Markzware with respect to the Licensed Software. The limitations set forth in this Section are a fundamental element of the bargain between Markzware and the End User; and Markzware would not license the Licensed Software on any different terms.

SECTION 12. INDEMNIFICATION. The End User shall defend, indemnify, and hold harmless Markzware and Markzware's owners, affiliates, officers, attorneys, employees, representatives, successors, assigns, and third party suppliers, vendors, and distributors (collectively, the "Indemnified Parties"), against and from all losses, claims, causes of action, damages, judgments, expenses, and liabilities of any kind (including reasonable attorneys', accountants', and experts' fees and out-of-pocket expenses), that may be imposed on, incurred by, or asserted against any Indemnified Party resulting from, arising out of, or relating to any of the following: (i) any breach by the End User of any representations, warranties, covenants, or obligations contained in this Agreement; or (ii) the End User's violation of any rights of any person.

SECTION 13. GENERAL PROVISIONS. This Agreement shall be governed by and construed according to the laws of the State of California, U.S.A., excluding its conflict of laws rules to the extent such rules would apply the law of another jurisdiction. The End User consents to the exclusive jurisdiction of all federal and state courts in California, U.S.A., and agrees that venue shall lie exclusively in Santa Clara County, California, U.S.A., in all disputes arising out of or relating to this Agreement or the use of the Licensed Software. The use of the Licensed Software is not authorized in any jurisdiction that does not give effect to all provisions of the terms and conditions of this Agreement, including without limitation this Section. The End User shall not assign, convey, subcontract, or delegate the End User's rights, duties, or obligations under this Agreement. The relationship between Markzware and the End User shall be that of independent contractors. Neither Markzware, the End User, nor any respective officers, agents, or employees of either shall be held or construed to be partners, joint ventures, fiduciaries, employees, or agents of the other. Markzware's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Markzware's right to comply with law enforcement requests or requirements relating to the End User's use of the Licensed Software or information provided to or gathered by Markzware with respect to such use. If any provision of this Agreement is for any reason held to be invalid, illegal, or unenforceable under applicable law in any respect (including without limitation the exclusion of warranty and liability limitations set forth above), then: (i) such invalidity, illegality, or unenforceability shall not affect the other provisions of this Agreement; (ii) this Agreement shall be construed as if such invalid, illegal, or unenforceable provision were excluded from this Agreement; and (iii) the court in its discretion may substitute for the excluded provision an enforceable provision which in economic substance reasonably approximates the excluded provision. This Agreement constitutes the entire agreement between the End User and Markzware with respect to the Licensed Software, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the End User and Markzware with respect thereto. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.