BORLAND VISIBROKER PRODUCTS V4.

5 BORLAND NO-NONSENSE LICENSE STATEMENT AND LIMITED WARRANTY IMPORTANT - READ CAREFULLY The BorlandVisiBroker 4.5 software product is made up of the following products (all of which constitute the "Software") including any software, media, and accompanying on-line or printed documentation: VisiBroker 4.5. The Software is licensed, not sold, by Borland Software Corporation ("Borland") to the individual or organization named in your invoice ("you"). Your use of the Software is contingent upon payment of the applicable license fees. This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you and Borland for the Software. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY A LL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. If you are the original purchaser and you do not agree with the terms and conditions of the License Agreement, promptly return the unused Software to the place from which you obtained it for a full refund. Upon your acceptance of the terms and conditions of the License Agreement, Borland grants you the right to use the Software for your own internal data processing purposes in the manner provided herein and subject to the following license type and number restrictions: (a) Your invoice will show the number of licenses, by license type, for the Software you have acquired from Borland. The total number of Software copies used by you may not exceed the number of licenses acquired by you for the specified license type. Your use of the Software is restricted by license type as follows: (i) NAMED USER (development use only) - a specific named person is permitted to use the Software for development purposes only; to deploy a particular application program created with the Software, you must first obtain from Borland one of the following deployment licenses for each deployment of the particular application program, (ii) CONCURRENT USER (non-development, deployment use only) - each copy of the Software is permitted to be accessed at any one time by no more than the number of users licensed for that particular copy of the Software running on a particular machine, (iii) MACHINE (non-development, deployment use only) - a specific hardware system as designated on your invoice is permitted to run the Software, and (iv) MACHINE, BY NUMBER OF PROCESSORS (non-development, deployment use only) - a specific hardware system having a specific number of processors as designated on your invoice is permitted to run the Software. (b) You may acquire additional licenses from Borland. Only licensed users for whom the licenses have been acquired may use the Software. (c) Only licensed users may make copies of the Software for their backup purposes. (d) Only licensed users may access the Software over a network. (e) If this license was acquired for evaluation or demonstration purposes, your license is for a term of sixty (60) days from the date the Software was installed ("Evaluation Period 1"). At the end of Evaluation Period 1, further use of the Software by you is prohibited without the purchase of a permanent license. If you are not interested in purchasing a license for the Software

at the end of Evaluation Period 1, you hereby agree to remove the Software from all computer systems on which it was installed and to destroy any software and documentation received. You may request an extension to Evaluation Period 1 by contacting your sales representative. (f) If you paid for a license to only part of the Software you may be given a software key which gives you access to all parts/components included in the Software. Your use of the parts for which you have received such software and for which you have not paid the applicable license fee shall be for evaluation and demonstration purposes, for a term of sixty (60) days from the date you were provided the software key ("Evaluation Period 2"). At the end of Evaluation Period 2, further use of the Software by you is prohibited without the purchase of a permanent license for those Software parts you wish to continue to use. If you are not interested in purchasing a license for such Software at the end of Evaluation Period 2, your license to such Software shall terminate and you hereby agree to cease using such Software. The Software is owned by Borland or its suppliers and is protected by copyright law and international copyright treaty. Therefore, you must treat the Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not transfer the Software and documentation on a permanent basis to another individual or organization without obtaining the prior written approval of Borland. Any approved transferee agrees to be bound by this License Agreement and shall submit to Borland a new registration form identifying the machine(s) and user(s) to which the Software will be transferred. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of Borland and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree not to disclose the results of benchmark or other performance test run on the Software to any third party without Borland's prior written consent. Upon Borland's written request, you shall furnish Borland with a signed certificate (a) verifying that the Software is being used fully in accordance with this License Agreement, including user and machine limitations, and (b) listing the locations, types and serial numbers of equipment on which the Software is run. Borland may conduct an audit to determine (i) the number of copies of the Software in your possession, (ii) the equipment in or upon which the Software is installed and used, (iii) the number of users using the Software, and (iv) whether the Software is being used beyond the applicable Evaluation Period without payment of the applicable license fee. Audits shall be conducted during your normal business hours at Borland's expense and so as not to interfere unduly with your business. If an audit reveals any unpaid or underpaid fees due to Borland, you shall be invoiced for them based upon Borland's price list then in effect and, if the unpaid or underpaid fees shall exceed 5% of the license fees paid, you shall also be invoiced for the cost of Borland's audit. If you have purchased an upgrade version of the Software, it constitutes a single product with the Borland software that you upgraded. You may use or

transfer the upgrade version of the Software only in accordance with the License Agreement. EXPORT CONTROLS This Software cannot be exported or re-exported into (or to a national or reside nt of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or to anyone on the United State s Treasury Department's list of Specially Designated Nationals, the United State s Commerce Department's Entity List, or the United States Commerce Department's Denied Parties list. You agree to the foregoing and you are representing and war ranting that you are not located in, under the control of, or a national or resi dent of any such country or on any such list. In addition, you are responsible f or complying with any local laws in your jurisdiction which may impact your rig ht to import, export or use this Software. GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND REDISTRIBUTABLES If you have purchased a development license, you may write and compile (including byte-code compile) your own application programs using the Software, including any libraries and source code included for such purpose with the Software. If you have purchased a deployment license, you may reproduce and distribute, in executable form only, programs which you create using the Software, up to the number and type for which you are licensed subject to all of the conditions in this License Agreement. Borland products that are licensed for deployment may include certain files ("Redistributables") intended for distribution by you to the users of programs you create. Redistributables include, for example, those files identified in the accompanying printed or on-line documentation as redistributable files, those files preselected for deployment by an install utility provided with the Software (if any), or those files pre-selected by a third party install utility which operates under control of an install script which Borland has certified (if any) for use by licensed users of this Software for deploying applications. In any event, the Redistributables for the Software are only those files specifically designated as such by Borland. From time to time, Borland may designate other files as Redistributables. You should refer to the documentation, including any "readme" or "deploy" files included with the Software, for additional information. If you have purchased a deployment license and subject to all of the conditions in this License Agreement, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the Software or the copy transferred to the single hard disk. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this License Agreement that you have created using the Software. Under no circumstances may any copies of Redistributables be distributed separately. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries (including runtime libraries), code, Redistributables, and/or other files of the Software (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed user (or the Named User for your entity) have the right to use the libraries (including runtime libraries), code, Redistributables, or other files of the Software (or any portions thereof) for developing programs created with the Software. In particular, you may not share copies of the Redistributables with other co-developers. You may only reproduce Borland documentation and distribute such documentation to Named Users within your company if you have paid the applicable fee. The license granted herein for you to create your own compiled programs and

distribute your programs and the Redistributables (if any) is subject to all of the following conditions: (i) you have purchased from Borland a deployment license that is appropriate for your deployment; (ii) all copies of the programs you create must bear a valid copyright notice, either your own or the Borland copyright notice that appears on the Software; (iii) you may not remove or alter any Borland copyright, trademark or other proprietary rights notice contained in any portion of Borland libraries, source code, Redistributables or other files that bear such a notice; (iv) Borland provides no warranty at all to any person, other than the Limited Warranty provided to the original purchaser of the Software, and you will remain solely responsible to anyone receiving your programs for support, service, upgrades, or technical or other assistance, and such recipients will have no right to contact Borland for such services or assistance; (v) you will indemnify and hold Borland, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of your programs; (vi) your programs must be written using a licensed, registered copy of the Software; (vii) your programs must add primary and substantial functionality, and may not be merely a set or subset of any of the libraries (including runtime libraries), code, Redistributables or other files of the Software; (viii) regardless of any modifications which you make and regardless of how you might compile, link, or package your programs, the libraries (including runtime libraries), code, Redistributables, and/or other files of the Software (including any portions thereof) may not be used in programs created by your end users (i.e., users of your programs) and may not be further redistributed by your end users; and (ix) you may not use Borland's or any of its suppliers' names, logos, or trademarks to market your programs, except to state that your program was written using the Software. The Software might include source code, redistributable files, and/or other files provided by a third party vendor ("Third Party Software"). Since use of Third Party Software might be subject to license restrictions imposed by the third party vendor, you should refer to the on-line documentation (if any) provided with Third Party Software for any license restrictions imposed by the third party vendor. In any event, any license restrictions imposed by a third party vendor are in addition to, not in lieu of, the terms and conditions of the License Agreement. All Borland libraries, source code, Redistributables and other files remain Borland's exclusive property. Regardless of any modifications that you make, you may not distribute any files (particularly Borland source code and other non-executable files) except those that Borland has expressly designated as Redistributables. Nothing in the License Agreement permits you to derive the source code of files that Borland has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files. Contact Borland for the applicable royalties due and other licensing terms for all other uses and/or distribution of the Redistributables. LIMITED WARRANTY Except with respect to the Redistributables, which are provided "as is," without warranty of any kind, Borland warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. Borland's and its suppliers' entire liability and your exclusive remedy shall be, at Borland's option, either (a) return of the price paid, or (b) repair or

replacement of the Software that does not meet Borland's Limited Warranty and which is returned to Borland with a copy of your receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE BORLAND CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER. This Limited Warranty is void if failure of the Software has resulted from accid ent, abuse, or misapplication. Any replacement Software will be warranted for the rem ainder of the original warranty period or thirty (30) days, whichever is longer. Outsi de the United States, neither these remedies nor any product support services offered by Borland are available without proof of purchase from an authorized non-U.S. source. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BORLAND AND ITS SUPPLIERS DIS CLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIC ULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVE S YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDIC TION TO STATE/JURISDICTION. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BORLAND OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOS S OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR A NY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTW ARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BORLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BORLAN D'S AND ITS SUPPLIERS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGRE EMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN BO RLAND SUPPORT SERVICES AGREEMENT, BORLAND'S AND ITS SUPPLIERS' ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BEC AUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF L IABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HIGH RISK ACTIVITIES The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Borland and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. U.S. GOVERNMENT RESTRICTED RIGHTS The Product and any accompanying documentation are "Commercial Items", as that t erm is defined at 48 CFR Section 2.101, consisting of "Commercial Computer Softw are" and "Commercial Computer Software Documentation", as such terms are used in 48 CFR Sections 12.212 and 227.7202, as applicable. Consistent with 48 CFR Sect ions 12.212 or 227.7202-1 through 227.7202-4, as applicable, the Commercial Comp uter Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only thos e rights as are granted to all other end users pursuant to the terms and conditi ons herein. Unpublished rights reserved under the copyright laws of the United S tates. Manufacturer is Borland Software Corporation, 100 Enterprise Way, Scotts

Valley, CA 95066-3249. TERM AND TERMINATION Your license to use the Software shall become effective on the date you agree to the terms and conditions of this License Agreement. Your license to use the So ftware shall terminate automatically if you fail to comply with the limitations described in this license. No notice shall be required from Borland to effectua te such termination. Upon expiration or termination of this Agreement for any r eason, you shall make no further use of the Software and shall destroy all copie s of the Software on all systems, in all forms, in all types of media and comput er memory, and whether or not modified or combined with other materials unless, during the term of this Agreement, you have obtained a license to use the Softwa re from Borland under a separate agreement. GENERAL PROVISIONS This License Agreement represents the entire agreement between you and Borland with respect to the Software. All terms of any purchase order or other ordering document shall be superseded by this License Agreement. This License Agreement may only be modified in writing signed by you and an authorized officer of Borland. If any provision of the License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this License Agreement shall remain in effect. This License Agreement s hall not be governed by the United Nations Convention of Contracts for the Internatio nal Sale of Goods, the application of which is hereby expressly excluded. The License Agreement shall be construed, interpreted and governed by the laws of the State of California, U.S.A. The License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. Borland reserves all rights not specifically granted in the License Agreement. 12-Mar-2001