LOTUS SOFTWARE AGREEMENT LOTUS BEANMACHINE FOR JAVA IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL THE SOFTWARE. THIS SOFTWARE IS TIME-DISABLED. "TIME DISABLED" MEANS THAT ALL FEATURES WILL OPERATE FOR A SPECIFIED PERIOD OF TIME. WITHIN THIRTY (30) DAYS OF INSTALLATION , THE SOFTWARE WILL CEASE TO OPERATE. 1. USE Lotus grants you the right to download and use the trial version of the Lotus BeanMachine, and related documentation (the "Software") solely for the purpose of evaluating the Software, subject to the terms and conditions of this Agreement. This Agreement does not constitute license to use the Software after expiration of the trial period, thirty days after installation, (the "Trial Period"). At the expiration of the Trial Period (or earlier if so requested by Lotus), promptly de-install and discontinue use of the Software, and destroy all copies, including all compressed files or other files (including documentation) made available to you by Lotus under this Agreement (and any copies thereof). You must acquire one copy of the Software for each application developer. You may use the Software solely for the purpose of designing, developing and testing your software application products. You may modify the source code versions of the Sample Files, if any, included with the Software and redistribute such modified source code versions in compiled, object code form only. You may also redistribute, as part of your application(s), files designated as "Redistributable Code." The Sample Files and Redistributable Code files, if any, are identified in the README.TXT text file stored in the BeanMachine root directory on disk as well as in the License Information section of the online Help file. You (a) may distribute the Sample Code and/or Redistributable Code only in conjunction with and as a part of your application(s) and (b) may not use Lotus' name, logo or trademarks to market your application. Lotus is under no obligation to develop the Software or market the Software. Your participation in this Trial shall be at no charge, and your participation shall not obligate you to purchase additional software from Lotus. 2. RESTRICTIONS Except as expressly provided in Section 1, you may not alter, merge, modify or adapt the Software in any way including reverse engineering, disassembling or decompiling. You may not sell, distribute, loan, rent, lease, license or otherwise transfer the Software or any copy, except, you may permanently transfer the Software (including all prior versions) provided you transfer the Software Agreement, all media and documentation and you do not retain any copies of the Software. If the Software is demonstration and evaluation ("D&E") software, you may not transfer the Software for commercial purposes. 3. INTELLECTUAL PROPERTY RIGHTS All intellectual property rights in the Software and user documentation are owned by Lotus or its suppliers and are protected by United States and Canadian intellectual property laws (including patent, trademark and copyright laws), other applicable intellectual property laws, and international treaty provisions. Lotus retains all rights not expressly granted. 4. LIMITED WARRANTY Due to the pre-release nature of the Software, Lotus makes no warranties whatsoever as to the operational performance of the Software. LOTUS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ASSUME THE ENTIRE RISK IF THE SOFTWARE CEASES TO FUNCTION WITHOUT WARNING. Because software is inherently complex and may not be completely free of errors, you are advised to verify and back up your work. Additionally, Lotus does not guarantee compatibility between the Software and any future versions of the Software. The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. 5. LIMITATION OF LIABILITY Because software is inherently complex and may not be completely free of errors, it is your responsibility to verify your work and to make backup copies. In no event will Lotus be liable for (i) indirect, special, incidental, tort, economic, cover or consequential damages arising out of the use of or inability to use Lotus products or services, including, without limitation, damages or costs relating to the loss of profits, business, goodwill, data or computer programs, even if advised of the possibility of such damages, or (ii) any claim that arose more than one (1) year prior to the institution of suit thereon. In no case shall Lotus' liability exceed the amount paid by you for the Software. The foregoing limitations shall not apply to claims relating to death or personal injury which arise out of products deemed to be consumer goods under applicable law. Some states, provinces or countries do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above exclusion or limitation may not apply to you. 6. U.S. GOVERNMENT RESTRICTED RIGHTS The Software and/or user documentation are provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 (June 1987) Alternate III(g)(3) (June 1987), FAR 52.227-19 (June 1987), or DFARS 52.227-7013 (c)(1)(ii) (June 1988), as applicable. Contractor/Manufacturer is Lotus Development Corporation, 55 Cambridge Pkwy., Cambridge, MA 02142. In the event the Government seeks to obtain the Software pursuant to standard commercial practice, this software agreement, instead of the noted regulatory clauses, shall control the terms of the Government's license. 7. GENERAL No Lotus reseller, distributor, agent or employee is authorized to make any modification or addition to this Agreement. The export of the International Version of Lotus Notes and other Lotus products is governed by the U.S. Department of Commerce under the export administration regulations and by Canadian export regulations. The export of the North American Version of Lotus Notes is governed by the U.S. Department of State under the International Traffic in Arms Regulations. It is your responsibility to comply with all such regulations. This Agreement will be governed by the laws of the Commonwealth of Massachusetts. More Information: Should you have any questions concerning this Agreement or Lotus' software use policies, write to Inside Sales and Service, Lotus Development Corporation, 55 Cambridge Parkway, Cambridge, MA 02142, or, in the United States, call 1-800-343-5414.