COALESYS, INC. END-USER LICENSE AGREEMENT

This End-User License Agreement ("EULA") is a legal agreement between you, either a single end-user or a single entity, and Coalesys, Inc. ("Coalesys"). By installing this computer software and accompanying user documentation (the "software"), you are indicating your acceptance of all the terms and conditions of this EULA. If you do not agree to any of the terms or conditions of this EULA, do not install or use the software.

1. GRANT OF LICENSE. Coalesys grants you the following limited, non-exclusive rights:

    (i) If you are using the evaluation version of the software, you may install and use the software on a single computer. This license is granted for a period of thirty (30) days after the initial installation. Following this evaluation period, you must either (a) delete the software from the single computer which it was installed, or (b) contact Coalesys to purchase a perpetual license, subject to the same terms and conditions of this EULA. To continue using the software, you must purchase a perpetual license for each user that installs or uses the software.

    (ii) If you are using the licensed version of the software, you may redistribute an unlimited number of copies of the software with your applications, provided that (a) your software registration key is contained in a compiled module only; (b) your applications add significant functionality to the software; (c) your applications include a valid copyright notice; (d) you do not extend the use of your license to your end-users; and (e) you do not grant further redistribution rights to your end-users.

2. OTHER RIGHTS AND LIMITATIONS. You may make a single copy of the software for backup or archival purposes only. You may not lease, rent or lend the software, however, you may permanently transfer the software, provided you retain no copies and notify Coalesys of the transfer. You may not reverse engineer, modify, decompile or disassemble the software. You may terminate this EULA at any time, or Coalesys may terminate this EULA if you breach any of the terms or conditions of this EULA. In either situation, you must destroy all copies of the software.

3. COPYRIGHT. The software is owned by Coalesys, and is protected by United States copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed, not sold. All rights not explicitly granted under this EULA are hereby reserved.

4. NO WARRANTY. The software is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the software remains with you.

5. LIMITATION OF LIABILITY. Coalesys shall not be liable for any special, incidental, indirect or consequential damages arising out of the use, or inability to use the software. In any case, Coalesys' cumulative liability shall not exceed the amount paid by you for the software. Some states do not allow the exclusion or limitation of liability, so the above may not apply to you.

If you have any questions or comments regarding this EULA, please write to: Coalesys, Inc., P.O. Box 466, Northport, NY 11768 USA.