JACKBE CORPORATION DEVELOPER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE AND ANY PRINTED OR ELECTRONIC USER MANUALS OR GUIDES OR INSTRUCTIONS REGARDING USE OF THE SOFTWARE (THE “DOCUMENTATION”), YOU (ON BEHALF OF YOURSELF OR AS AN AUTHORIZED REPRESENTATIVE ON BEHALF OF AN ENTITY) AGREE TO ALL THE TERMS OF THIS JACKBE CORPORATION DEVELOPER LICENSE AGREEMENT (THE “LICENSE”) REGARDING YOUR USE OF THE SOFTWARE AND DOCUMENTATION. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MUST NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE OR THE DOCUMENTATION.

1. Term and Termination. This License is effective as of the date you download the Software and will continue until terminated (“Term”). You may terminate this License at any time by ceasing use of the Software and destroying all copies of the Software and Documentation. This License will terminate immediately without notice from JackBe if you fail to comply with any provision of this License or if explicitly revoked via notice at [http://www.jackbe.com/enterprise-mashup]. Upon termination or expiration of this License, you must cease using the Software and destroy all copies of Software and Documentation. Except for Section 2 (“License”), all Sections of this License shall survive termination. You may enter into this License only once.

2. License. During the Term and subject to the terms and conditions of this License, JackBe Corporation (“JackBe”) grants to you a personal, non-transferable, non-exclusive, limited license to (i) use the JackBe software that you download, in object code form only and any error corrections provided by JackBe (collectively, the “Software”) and any related Documentation for internal use only, and for use only for Non-Production Use; (ii) make copies of the Software solely for back-up or archival purposes and for running the Software on multiple servers; and (iii) use the forum support materials available at [http://www.jackbe.com/enterprise-mashup]. This License is your proof of license to exercise the rights granted herein and must be retained by you. “Non-Production Use" means the use for evaluation and testing of the Software outside of live production environments. Further, you, your employer, or customer(s) may not realize any monetary or business value through the use of the software. Such Non-Production Use does not include use in a fail over or hot back-up environment.

3. Third-Party Software. The software distributed by JackBe includes certain “Third-Party Software” which JackBe licenses from third parties which is subject to other terms and is not included in the definition of Software. You may view the relevant licenses for such Third-Party Software by visiting [http://www.jackbe.com/enterprise-mashup/third-party-licenses]. The Third-Party Software is subject to the terms of such licenses and Section 2 (“Third-Party Software”), Section 5 (“ Warranty Disclaimer”) and Section 6 (“Limitation of Liability”) of this Agreement. You agree to comply with terms and conditions contained in all such Third-Party Software licenses.

4. License Restrictions. This License does not permit you or any third party to: (i) modify, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of all or any portion of the Software (except to the extent that this restriction is expressly prohibited by law); (ii) modify, translate or create derivative works of all or any portion of the Software; (iii) copy the Software onto any public or distributed network, sublicense, rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the Software; (iv) transfer or export any product, process, or service that is the direct product of the Software. (v) remove any proprietary markings, copyright, notices, logos, trademarks, trade names or labels on the Software and/or Documentation; (vi) use the Software on any computer not controlled by you; (vii) use the embedded database software as a general SQL server, as stand-alone database or with applications other than the Software; or (viii) use the Software to create any applications for development or evaluation for a fee charged to a third party. Except as expressly set forth in Section 2, no licenses of any kind are granted hereunder, whether by implication, estoppel or otherwise. If you make any modifications or derivative works to the Software, you hereby assign and agree to assign to JackBe all right, title and interest in and to such modifications and/or derivative works.

5. Warranty Disclaimer. NEITHER JACKBE NOR ITS LICENSORS MAKE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. ALL IMPLIED WARRANTIES AS TO THE SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NEITHER JACKBE NOR ITS LICENSORS WARRANT THAT THE SOFTWARE OR THE THIRD-PARTY SOFTWARE IS ERROR-FREE OR THAT ITS USE WILL BE UNINTERRUPTED. JACKBE IS NOT OBLIGATED TO PROVIDE YOU WITH ANY UPDATES TO THE SOFTWARE BUT MAY ELECT TO PROVIDE YOU WITH UPDATES IN ITS SOLE DISCRETION.

6. Limitation Of Liability. NEITHER JACKBE NOR ITS LICENSORS SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES, RELATED TO THIS LICENSE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES ARISING FROM LOSS OF USE, LOSS OF CONTENT OR LOSS OF DATA, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, AND EVEN IF JACKBE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS LICENSE FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL JACKBE’S AGGREGATE LIABILITY UNDER THIS LICENSE EXCEED ONE DOLLAR ($1.00). ADDITIONALLY, IN NO EVENT SHALL JACKBE’S LICENSORS BE LIABLE FOR ANY DAMAGES UNDER THIS LICENSE.

7. Intellectual Property Rights. All rights, title and interest, in and to intellectual property embodied in the Software and any improved, updated, modified or additional parts thereof, shall at all times remain the property of JackBe or its licensors. The Software is protected by United States copyright laws and international treaty provisions. You may not remove the copyright notice from the Software or the Documentation. Nothing herein shall give or be deemed to give you any right, title or interest in or to the same except as expressly provided in this License. JackBe reserves all rights not expressly granted in this License.

8. Maintenance and Support. During the Term, JackBe is not obligated to provide you with any maintenance or support on the use of the Software, except that you will have access to the forum materials available at [http://www.jackbe.com/enterprise-mashup].

9. U.S. Government End Users. The Software under this License is "commercial computer software" as that term is described in DFAR 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms and this License as specified in 48C.F.R. 12.212 (Computer Software) and 12.11 (Technical Data) of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement and its successors.

10. General.This License will be governed by and construed in accordance with the laws of the State of Maryland and the federal U.S. laws applicable therein, excluding its conflicts of law provisions, and you and JackBe agree to submit to the personal and exclusive jurisdiction of the courts located in Montgomery County, Maryland. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor UCITA will apply to this License. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of this License is found void and unenforceable, it will be replaced to the extent possible with a provision that comes closest to the meaning of the original provision. In the event of any conflict between the terms and conditions of this License and the terms and conditions of any license agreements appearing with or in the software products comprising the Software, this License shall prevail. This License, and the documents referenced in this License, constitute the entire agreement between you and JackBe relating to its subject matter and all terms herein and supersede all prior or contemporaneous agreements or understandings. JackBe may amend the terms of this license from time to time. When these changes are made, JackBe will make a new copy of the Developer License Agreement available at [http://www.jackbe.com/enterprise-mashup/developerlicenseagreement]. You understand and agree that if you use the Software after the date on which the Developer License Agreement has changed, JackBe will treat your use as acceptance of the updated Developer License Agreement.