GUINEVERE(TM) SOFTWARE: USER AGREEMENT AND SOFTWARE LICENSE TERMS

BEFORE YOU CLICK ON THE ACCEPT LINK AT THE END OF THIS DOCUMENT, CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "ACCEPT" LINK, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" LINK AND DO NOT USE THIS SOFTWARE.

This User Agreement (the "Agreement") is a legal agreement between you and Beginfinite for the Guinevere software product. In this Agreement, the term "Software" means the Guinevere software product, including computer software and associated media and printed materials, and may include "online" or electronic documentation. The term "You" or "you" means the company, entity or individual who is acquiring the license to use the Software under this Agreement. The term "Use" means storing, loading, installing, executing or displaying the Software. "Computer" means a central processing unit ("CPU") or group of CPU's, that accesses its or their own individual non-cache Random Access Memory. "Server" means a Computer which serves as a "GroupWise Internet Agent", running SMTP services.

License Grant - Usage in General
You may Use the Software, in the quantity and for the purposes set forth below. Except as otherwise specifically set forth below, (a) BEGINFINITE grants you and you accept the non-exclusive, non-transferable right to Use the Software in object code form only, on a single Server; and (b) you may not modify the Software or disable any licensing or control features of the Software. The Software may contain code that enforces simultaneous use restrictions and/or disables all of its features at the end of any applicable evaluation period.

Evaluation License
If your Software is designated as an "Evaluation License", BEGINFINITE grants you and you accept the temporary, non-exclusive, non- transferable right to Use one copy of the Software in object form only, solely for evaluation purposes, but not for general use, during an evaluation period of thirty (30) days from the date the Software is first Used by You.
Server License. If your Software is designated as a "Server License", you must acquire one copy of the Software for each Server on which the Software is installed.

Ownership
You acknowledge and agree that the Software is owned and copyrighted by BEGINFINITE or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. All ownership rights remain in BEGINFINITE or its third party suppliers, as the case may be.
Copies. You may only make one copy of the object code of the Software solely for backup or archival purposes or when copying is an essential step in the authorized Use of the Software. You must reproduce all copyright and other proprietary or restricted rights notices in the original Software on all authorized copies.

Additional Restrictions
Except to the extent permitted above, you may not: permit other individuals to use the Software; permit concurrent use of the Software; modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software; copy (including copying onto a bulletin board or similar system) the Software other than as specified above; rent, lease, grant a security interest in, or otherwise transfer rights to the Software. Benchmarking results may not be published or shared without the expressed, written consent of BEGINFINITE.

EVALUATION COPIES OF SOFTWARE ARE PROVIDED FREE OF CHARGE OR AT A NOMINAL COST, AND ACCORDINGLY ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Remedies. BEGINFINITE 's entire liability and your exclusive remedy shall be, at BEGINFINITE 's option, either (a) return of the price paid, or (b) replacement of any defective media, in each case conditional on any media and accompanying documentation being returned to BEGINFINITE with proof of purchase.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY BEGINFINITE . TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEGINFINITE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. IN PARTICULAR, THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not BEGINFINITE assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this Agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

LIMITATIONS ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BEGINFINITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF BEGINFINITE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, BEGINFINITE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), BEGINFINITE 'S LIABILITY TO YOU WILL BE LIMITED TO THE GREATER OF $25 OR THE AMOUNT YOU PAID FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Export Controls
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, Iraq, Libya, Sudan, North Korea, Iran, 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 Orders. 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. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.

U.S. Government End Users
The Software is a "commercial item," as that term is defined in 48 C.F.R. 12.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein

Term
Your license under this Agreement is effective until terminated. Your Evaluation License terminates automatically in accordance with the provision of this Agreement set forth above. You may terminate this license at any time. BEGINFINITE may terminate this Agreement immediately if you breach any of the provisions of this Agreement. Upon any such termination or expiration, you must discontinue all use of the Software, and immediately destroy the Software together with all copies. The provisions of this Agreement (other than your license to use the Software) shall survive the termination of the license, or the termination or expiration of this Agreement.

Controlling Law and Severability
This Agreement constitutes the entire agreement between you and BEGINFINITE with reference to this transaction. This Agreement will be governed by the laws of the Commonwealth of Massachusetts, USA, except for that body dealing with conflicts of law. The application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. In the event of any dispute involving this Agreement, BEGINFINITE and you each consent to exclusive jurisdiction and venue in either the state or federal courts in the Commonwealth of Massachusetts and agrees that the prevailing party shall be entitled to its reasonable attorney fees and costs. In the event any provision of this Agreement shall be deemed unenforceable, void or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire Agreement shall remain in full force and effect. No decision, action or inaction by BEGINFINITE shall be construed to be a waiver of any rights or remedies available to it.

Quebec Licensees Only
If Licensee is located in the province of Quebec, Canada, the following clause applies: THE PARTIES HERETO CONFIRM THAT THEY HAVE REQUESTED THAT THIS AGREEMENT AND ALL RELATED DOCUMENTS BE DRAFTED IN ENGLISH. LES PARTIES ONT EXIGÈ QUE LE PRÈSENT CONTRAT ET TOUS LES DOCUMENTS CONNEXES SOIENT RÈDIGÈS EN ANGLAIS.

GROUPWISE is a trademark of Novell, Inc.

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