Spectrum Software, Inc. Georgia, USA.
SpectrumSCM Binary Code License Agreement - EVALUATION License

READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.

1. LICENSE TO USE. Spectrum Software Inc., Norcross, GA, USA ("Spectrum Software") hereby grants the temporary right to use the accompanying software and documentation and any error corrections provided by Spectrum Software (collectively "Software"), for evaluation purposes on a single workstation or in a local area network including not more than four workstations and one server or a web (applet/web-start mode) installation for not more than 5 users. You may use the Programs only for evaluation and testing and not for general production use. You must enter into a Spectrum Software License and Services Agreement to obtain the right to use the Programs in general production. You may copy the Programs for backup purposes only. Copyright and other restricted rights notices must be reproduced on all such copies. The rights granted herein are personal, nontransferable and nonassignable.

2. TERM . The license grant provided in Section 1 shall be for a trial period not to exceed 60 days (the "Trial Period"). At the end of the Trial Period, you will discontinue all use of the Programs and delete them from any storage media. If requested by Spectrum Software, return all media to Spectrum Software, and provide Spectrum Software with certification that all copies of the Programs, whether partial or complete, have been returned to Spectrum Software and/or deleted from the storage media. Prior to returning programs to Spectrum Software, you shall acquire a return authorization number from Spectrum Software at (770) 448-8662.

3. RESTRICTIONS, PROTECTION OF PROGRAMS AND CONFIDENTIALITY. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Spectrum Software and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Spectrum Software disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Spectrum Software or its licensors is granted under this Agreement.

By virtue of this Agreement, Spectrum Software and you may have access to information that is confidential to one another ("Confidential Information"). Confidential Information shall be limited to the Programs and all information clearly marked as confidential.

A party's Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) is independently developed by the other party. Results of benchmark tests run by you may not be disclosed unless Spectrum Software consents to such disclosure in writing.

Spectrum Software and you agree, both during the term of this Agreement and for a period of three (3) years after termination of this Agreement and of all licenses granted hereunder, to hold each other's Confidential Information in confidence. Spectrum Software and you agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any purpose other than the implementation of this Agreement. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of this Agreement.

You shall limit access to the Software to its employees and agents whose responsibilities require such access, and you shall adopt reasonable measures to assure that its employees and agents will make no disclosure of the Programs to other persons or legal entities. You agree to treat the Software as a valuable asset of Spectrum Software and you agree that the Software code shall not be used for any purpose other than to assist in the normal use of the Software as defined in the documentation. In particular, but without limitation, you agree you will not decompile, disassemble, or attempt in any way to reverse engineer the Program or to develop a competing product based on the Programs.

You shall use reasonable efforts to report bugs in the Software to Spectrum Software and, at Spectrum Software's request, shall use reasonable efforts to assist Spectrum Software in duplicating and identifying said bugs.

You hereby acknowledge that Spectrum Software retains all title, copyright, patents, and other proprietary information rights in and to the Software. Further, any modifications, extensions, simplifications, or enhancements to the Software suggested, conceived of, designed, prototyped or implemented by Spectrum Software or you both during the term of this Agreement and for a period period of one (1) year after termination of this Agreement, shall become the exclusive property of Spectrum Software. Spectrum shall have the sole and exclusive right to register copyright of such materials in its own name in any and all countries, to obtain renewals, and to manufacture, reproduce, publish, distribute and sell the same.

4. EXCLUSION OF WARRANTY; LIMITATIONS OF LIABILITY. SPECTRUM SOFTWARE IS DELIVERING THE Software TO YOU "AS IS," AND SPECTRUM SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SPECTRUM SOFTWARE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFIT), ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT. In no event shall Spectrum Software's liability for any damages hereunder exceed the amounts received by Spectrum Software as a result of this transaction.

5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SPECTRUM SOFTWARE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SPECTRUM SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Spectrum Software's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.

7. TERMINATION. The license granted in this agreement will terminate at the end of the trial period of 60 days. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Spectrum Software if you fail to comply with any provision of this Agreement. Spectrum Software may terminate this Agreement immediately should any Software become, or in Spectrum Software's opinion be likely to become, the subject of a claim of infringement of a patent, trade secret, copyright or other intellectual property right. Upon Termination, you must destroy all copies of Software.

8. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

9. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

10. GOVERNING LAW. Any action related to this Agreement will be governed by the state of Georgia law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.

11. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

12. INTEGRATION. This Agreement is the entire agreement between you and Spectrum Software relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

For inquiries please contact: Spectrum Software, Inc. 5400 Laurel Springs Parkway, Suite 1004, Suwanee, Georgia 30024. (770)448-8662. http://www.spectrumscm.com

License for JavaTM Runtime Environment (JRE), Sun Microsystems, Inc.

Sun Microsystems, Inc. Binary Code License Agreement

READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.

1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.

2. RESTRICTIONS Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.

3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software.

4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.

6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.

7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.

10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303

JAVATM 2 RUNTIME ENVIRONMENT SUPPLEMENTAL LICENSE TERMS

These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.

1. License to Distribute. Subject to the terms and conditions of this Agreement, including, but not limited to, Section 2 (Redistributables) and Section 3 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary code form only, provided that you (i) distribute the Software complete and unmodified, only as part of, and for the sole purpose of running your Java applet or application ("Program") into which the Software is incorporated, (ii) do not distribute additional software intended to replace any component(s) of the Software, (iii) do not remove or alter any proprietary legends or notices contained in the Software, (iv) only distribute the Program subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.

2. Redistributables. In addition to the license granted in Paragraph 1 above, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute, only as part of Software, those files specifically identified as redistributable in the Software "README" file (the "Redistributables") provided that: (a) you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable README file), and only bundled as part of the JavaTM applets and applications that you develop (the "Programs:); (b) you do not distribute additional software intended to supersede any component(s) of the Redistributables; (c) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables; (d) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement; and (e) you agree to defend and indemnify Sun and its licensor's from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.

3. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of a Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any class file naming convention.

4. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the Java trademark and all Java-related trademarks, service marks, logos and other brand designations including the Coffee Cup logo and Duke logo ("Java Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Java Marks inures to Sun's benefit.

5. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed.

6. Termination. Sun may terminate this Agreement immediately should any Software become, or in Sun's opinion be likely to become, the subject of a claim of infringement of a patent, trade secret, copyright or other intellectual property right.

License for ObjectStore PSE-Pro, Progress Software Corporation

ObjectStore PSE Pro
for Java trial
 

PROGRESS SOFTWARE CORPORATION
TRIAL SOFTWARE LICENSE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS COMPUTER PROGRAM AND DOCUMENTATION ("PROGRAMS"). PROGRESS SOFTWARE CORPORATION ("PROGRESS CORPORATION") IS ONLY WILLING TO PROVIDE THE PROGRAMS TO YOU UPON THESE TERMS AND CONDITIONS. ANY USE OF THE PROGRAMS WILL CONFIRM YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE PROGRAMS AND YOUR MONEY WILL BE REFUNDED (AS APPLICABLE).

TERMS AND CONDITIONS

I. GRANT OF LICENSE

You are hereby granted the temporary right to use the Programs for evaluation purposes on a single workstation or in a local area network including not more than four workstations and one server. You may use the Programs only for evaluation and testing and not for general production use. You must enter into an Progress Corporation Software License and Services Agreement to obtain the right to use the Programs in general production if and when such software programs become commercially available. You may copy the Programs for backup purposes only. Copyright and other restricted rights notices must be reproduced on all such copies. The rights granted herein are personal, nontransferable and nonassignable.

II. TERM AND TERMINATION

The license grant provided in Section I shall be for a trial period not to exceed 90 days (the "Trial Period"). At the end of the Trial Period, you will discontinue all use of the Programs, return all media to Progress Corporation, and provide Progress Corporation with certification that all copies of the Programs, whether partial or complete, have been returned to Progress Corporation and/or deleted from the storage media.

III. EXCLUSION OF WARRANTY; LIMITATIONS OF LIABILITY

You recognizes that the Programs consist of a test version or versions of one or more Programs prepared and released solely for experimental use, and that the Programs may have defects or deficiencies which cannot or will not be corrected by Progress Corporation. PROGRESS CORPORATION IS DELIVERING THE PROGRAM(S) TO YOU "AS IS," AND PROGRESS CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. PROGRESS CORPORATION SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFIT), ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT. In no event shall Progress Corporation's liability for any damages hereunder exceed the amounts received by Progress Corporation as a result of this transaction.

IV. PROTECTION OF PROGRAMS; CONFIDENTIAL INFORMATION

By virtue of this Agreement, Progress Corporation and you may have access to information that is confidential to one another ("Confidential Information"). Confidential Information shall be limited to the Programs and all information clearly marked as confidential.

A party's Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) is independently developed by the other party. Results of benchmark tests run by you may not be disclosed unless Progress Corporation consents to such disclosure in writing.

Progress Corporation and you agree, both during the term of this Agreement and for a period of three (3) years after termination of this Agreement and of all licenses granted hereunder, to hold each other's Confidential Information in confidence. Progress Corporation and you agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any purpose other than the implementation of this Agreement. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of this Agreement.

You shall limit access to the Programs to its employees and agents whose responsibilities require such access, and you shall adopt reasonable measures to assure that its employees and agents will make no disclosure of the Programs to other persons or legal entities. You agree to treat the Programs as a valuable asset of Progress Corporation and you agree that the Program code shall not be used for any purpose other than to assist in the normal use of the Programs as defined in the documentation. In particular, but without limitation, you agree you will not decompile, disassemble, or attempt in any way to reverse engineer the Program or to develop a competing product based on the Programs.

You shall use reasonable efforts to report bugs in the Programs to Progress Corporation and, at Progress Corporation's request, shall use reasonable efforts to assist Progress Corporation in duplicating and identifying said bugs.

You hereby acknowledges that Progress Corporation retains all title, copyright, patents, and other proprietary information rights in and to the Programs. Further, any modifications, extensions, simplifications, or enhancements to the Programs suggested, conceived of, designed, prototyped or implemented by Progress Corporation or you in the Beta test period shall become the exclusive property of Progress Corporation. Progress Corporation shall have the sole and exclusive right to register copyright of such materials in its own name in any and all countries, to obtain renewals, and to manufacture, reproduce, publish, distribute and sell the same.

V. ENTIRE AGREEMENT

This Agreement constitutes the complete agreement between you and Progress Corporation and supersedes all previous agreements or representations, written or oral, with respect to the Programs specified herein. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party.

It is expressly agreed that any terms and conditions of your purchase order shall be superseded by the terms and conditions of this Agreement. This Agreement shall also supersede the terms of any unsigned license agreement included in a package for Progress Corporation-furnished software.

Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without reference to its choice of law provisions, and shall be deemed to be executed under seal in Burlington, Massachusetts.

GNU GENERAL PUBLIC LICENSE

GNU parts used in SpectrumSCM are -

The GNU General Public License included in this distribution of SpectrumSCM only covers the libraries mentioned above. These libraries are un-modified and are included on the SpectrumSCM installation CD in full source form to meet the conditions of the license as stated below. All other elements of the SpectrumSCM distribution are covered by the Spectrum Software, Inc. Binary Code License Agreement, which is explained in full at the top of this document.

Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS