Definitions:

'Application' means this Mobile Application Software in the form of a Java MIDlet, native application or any other form suitable for a mobile device.

'Content' means the materials, graphics, imagery, charts, textual information, data, prices and information provided in this Application.

'Market Data' means price and quotation data, no matter when disseminated, pertaining to equities, bonds, options, futures contracts, options on futures contracts, mutual funds, indices, and statistics including but not limited to current bid and ask prices, last sale prices, volume data, settlement prices, high and low prices, and open interest. Market Data also includes information and data that are derived from the foregoing and that convey information that is substantially equivalent to Market Data.

'Source' means any legal entity that provides the Content to Skava.

'Licensee' means you.

Agreement:

Skava hereby grants the Licensee the rights to use this Application on Licensee's mobile device, as long as Licensee pays the associated monthly subscription fees every month. In no event shall Licensee copy, resell, sublicense, retransmit or otherwise distribute all or any part of the Content or Application.

Licensee hereby acknowledges knowledge that all Market Data is delayed by at least 15 minutes. The current minimum interval is fifteen (15) minutes for Nasdaq and twenty (20) minutes for NYSE and Amex. This interval is subject to change.

Skava, in its sole discretion, may choose to discontinue its retransmission of any item of Market Data with no prior notice or modify transmission of the Content in terms of interface requirements, delivery speed, or operational requirements with no prior notice. Skava may discontinue provision of the Content, or components of the Content, without notice or liability.

Skava does not endorse, or certify the Content or MarketData included or any products or services advertised in or near the Content.

If your version of the Application contains the 'Alerts' feature, you acknowledge and accept that alerts may be delayed or never delivered to you. You also acknowledge and accept that the alert service periodically polls values of various securities and will fail to capture fluctuations that occur between consecutive polls, thereby not firing alerts that would have otherwise fired based on the missed values. The periodicity of polling by the alert service is determined by Skava and you acknowledge and accept that Skava may, in its sole discretion, change this periodicity without notice or liability.

Licensee hereby acknowledges and agrees that, Skava is the sole owner of all right, title and interest in and to the Application and Skava's Sources are the sole owner(s) of all right, title and interest in and to the Content.

This Agreement will automatically terminate on non-payment of monthly subscription dues. Licensee must destroy all copies of the Application upon termination.

Licensee shall defend, indemnify and hold harmless Skava and its Affiliates and Sources and their respective officers, directors, members, employees and agents against any and all claims made or threatened by any third party and all related Damages resulting from (a) any material breach in a representation, covenant or obligation of Licensee contained in this Agreement; or (b) any claims relating to Skava's Service.

No Warranty. Skava does not guarantee that the delivery of Content will be uninterrupted or error free. In the event of interruption of delivery of Content to Licensee, Skava's sole obligation shall be to restore service as soon as reasonably possible. SKAVA AND SKAVA'S SOURCES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND OR NATURE WITH RESPECT TO THE ACCURACY OR TIMELINESS OF THE CONTENT OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A COURSE OF PERFORMANCE, AND SKAVA HEREBY EXPRESSLY DISCLAIMS THE SAME.

Limitation of Liability. If Skava or Skava's Sources shall during the term be liable to Licensee or any third party as a result of any disputes, controversies or claims of any kind or nature arising under or in connection with this Agreement or the relationship created hereby (whether any such breaches, disputes, controversies or claims are based upon contract, tort (including negligence) or any other legal theory), all Damages from all such breaches, disputes, controversies or claims are limited to actual, direct and out-of-pocket damages which are reasonably incurred by Licensee. Notwithstanding anything to the contrary in this Agreement, Skava and Skava's Sources shall have no liability for, nor will the measure of damages include, under any theory of liability (whether legal or equitable), any indirect, special, punitive or consequential damages or amounts for business interruption, loss of income, profits or savings arising out of or relating to its performance or non-performance under this Agreement. The cumulative amount of all such Damages recoverable against Skava and Skava's Sources for all such breaches, disputes, controversies and claims during the entire term, will not exceed, in the aggregate, an amount equal to the total amount of fees incurred by Licensee under this Agreement during the month immediately preceding the claim.

Skava shall be relieved of the obligations hereunder to the extent that performance is delayed or prevented by any event which is beyond the reasonable control of it, including, without limitation, acts of God, public enemies, war, civil disorder, communications failures, fire, flood, explosion, labor disputes or strikes or any acts or orders of any governmental authority, failures or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment.

The validity and effect of this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California without regard to its conflicts of laws principles. All legal proceedings relating to the subject matter of this Agreement shall be maintained in the state or federal courts sitting in San Francisco, California and each party agrees that jurisdiction and venue for any such legal proceedings shall lie exclusively with such courts.