
BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE,
YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY
TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS
OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO
NOT ACCEPT THE TERMS, AND DO NOT INSTALL THE SOFTWARE. IF
THE COPY OF THE SOFTWARE YOU RECEIVED WAS ACCOMPANIED BY A
PRINTED END USER LICENSE AGREEMENT THAT CONTAINS TERMS WHICH
VARY FROM THE TERMS IN THIS AGREEMENT, THEN THE PRINTED END
USER LICENSE AGREEMENT GOVERNS YOUR USE OF THE SOFTWARE.

                      PRIVATE BETA ADDENDUM TO THE
          NETSCAPE SERVER SOFTWARE END USER LICENSE AGREEMENT
                  REDISTRIBUTION OR RENTAL NOT PERMITTED

YOUR USE OF THE BETA VERSION OF THE ACCOMPANYING NETSCAPE
SERVER SOFTWARE PRODUCT (THE "SOFTWARE") IS GOVERNED BY
THE TERMS OF THE ATTACHED NETSCAPE SERVER SOFTWARE END
USER LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS
BETA ADDENDUM. IN THE EVENT OF ANY CONFLICT BETWEEN THE
TERMS OF THE NETSCAPE SERVER SOFTWARE END USER LICENSE
AGREEMENT AND THIS BETA ADDENDUM, THE TERMS OF THIS BETA
ADDENDUM SHALL GOVERN.

TIMEOUT DATE: DECEMBER 31, 1998

LICENSE GRANT. Netscape grants you a non-exclusive and non-transferable
license to use the Software free of charge for evaluation and trial
purposes only for a limited time. THIS SOFTWARE CONTAINS CODE
THAT DISABLES MOST OF ITS FEATURES AFTER THE TIMEOUT DATE
IDENTIFIED ABOVE. This license does not entitle you to hard-copy
documentation, support or telephone assistance. While Netscape intends
to distribute a commercial release of the Software, Netscape reserves
the right at any time not to release a commercial release of the
Software or, if released, to alter prices, features, licensing terms,
or other characteristics of the commercial release.

CONFIDENTIALITY. You understand that, in addition to the Software, Netscape
may provide you with other written or oral disclosures of confidential
information of Netscape concerning product development plans, release
dates, forecasts, strategies and other information. (The Software and other
Netscape confidential information are collectively referred to as
"Confidential Information.") You agree (i) to use the Confidential
Information internally for evaluation purposes only, (ii) to hold the
Confidential Information in confidence and to take all necessary
precautions to protect such Confidential Information (including, without
limitation, all precautions you employ with respect to your own
confidential materials), (iii) not to divulge any such Confidential
Information or any information derived therefrom to any third person,
except independent contractors under an obligation of confidentiality and
with a need to know, (iv) not to make any use whatsoever at any time of
such Confidential Information except as authorized hereunder, and (v) not
to remove or export any such Confidential Information from your country of
residence. Without granting any right or license, Netscape agrees that the
foregoing shall not apply with respect to information that (i) is in the
public domain and is available at the time of disclosure or which
thereafter enters the public domain and is available, through no improper
action or inaction by you or any affiliate, agent or employee of you, or
(ii) was in your possession or known by you prior to receipt from Netscape,
or (iii) was rightfully disclosed to you by another person without
restriction, or (iv) is independently developed by you without access to
the Confidential Information, or (v) is required to be disclosed pursuant
to any statutory or regulatory authority, provided Netscape is given prompt
notice of such requirement and the scope of such disclosure is limited to
the extent possible, or is required to be disclosed by a court order,
provided Netscape is given prompt notice of such order and provided the
opportunity to contest it. You will promptly furnish to Netscape all
evaluation results including, but not limited to, any errors or bugs you
find in the Software, which errors or bugs shall be deemed Confidential
Information hereunder.

DISCLAIMER OF WARRANTY. (This Disclaimer of Warranty replaces the Limited
Warranty in the Server Software End User License Agreement in its
entirety.) The Software is provided on an "AS IS" basis, without warranty
of any kind, including without limitation the warranties that the Software
is merchantable, fit for a particular purpose or non-infringing. The entire
risk as to the quality and performance of the Software is borne by you.
Should the Software prove defective in any respect, you and not Netscape or
its suppliers assume the entire cost of any service and repair. In
addition, the security mechanisms implemented by Netscape software have
inherent limitations, and you must determine that the Software sufficiently
meets your requirements. This disclaimer of warranty constitutes an
essential part of the agreement. No use of the Software is authorized
hereunder except under this Disclaimer.

TERMINATION. The license granted under this Beta Addendum will terminate on
the earlier of i) the Termination Date or ii) thirty (30) days following
Netscape's release of a commercial version of the Software. The license
will terminate automatically if you fail to comply with the limitations
described herein. You must destroy all copies of the Software upon
termination.

********************************************************************************

            NETSCAPE SERVER SOFTWARE END USER LICENSE AGREEMENT
                   REDISTRIBUTION OR RENTAL NOT PERMITTED

This Agreement sets forth the terms and conditions of your use of the
accompanying Netscape server software product (the "Software"). Any third
party software that is provided with the Software with such third party's
license agreement (in either electronic or printed form) is included for
use at your option. If you choose to use such software, then such use shall
be governed by such third party's license agreement and not by this
Agreement. As used in this Agreement, for residents of Europe, the Middle
East and Africa, "Netscape" shall mean Netscape Communications Ireland
Limited; for residents of Japan, "Netscape" shall mean Netscape
Communications (Japan), Ltd.; for residents of all other countries,
"Netscape" shall mean Netscape Communications Corporation. For purposes of
this Agreement, "Licensor" shall be defined as follows: If you acquired the
Software as a bundled component of a third party product or service, then
such third party shall be the Licensor. Otherwise, Netscape shall be the
Licensor.

LICENSE GRANT. Licensor hereby grants you a non-exclusive and
non-transferable license to use the Software and accompanying documentation
("Documentation") according to the provisions contained herein and subject
to payment of applicable license fees. Unless you have purchased a
subscription for the Software, the license granted under this Agreement
does not grant you any right to any enhancement or update to the Software.
In addition, if the Software was included as a bundled component of a third
party product or service, you may use the Software only with such product
or service.

You may:

   * Allow access to the functionality and/or services provided by the
     Software by a maximum of fifty Users ("Users" is defined for each
     server product in the User Definitions and Number of Users table found
     at the following URL:
     http://home.netscape.com/comprod/server_central/product/license_cal.html
     [the "User Table"]), unless (i) you have paid fees for access by
     additional Users as reflected in your proof of purchase document(s),
     (ii) the information in the User Table indicates you may allow access
     by more Users, (iii) you have purchased a license at special pricing
     exclusively for extranet Users, in which case you may permit access to
     the specified functionality and services only by Users who are not
     employees or full-time independent contractors, and only by the number
     of Users specified on your proof of purchase document(s), or (iv) the
     Software is Netscape FastTrack Server or Netscape Content Management
     Server ( part of Netscape PublishingXpert). License fees must be paid
     for all Users who have access to the Software's services, not just the
     number who may access those services concurrently. If you wish to
     provide access to additional Users, additional fees will be required.
     If you provide hosting services, such as ISP services, extranet-only
     licenses are not available to you. FastTrack Server and Content
     Management Server are licensed on an unlimited User basis. We
     recommend that you print out a copy of the User table page identified
     above on the date that you purchase your license to the Software as
     confirmation of the information provided therein.

   * Install the Software (and, if applicable, the Netscape Communicator
     Professional Edition software provided with the Software) on only one
     computer on a single platform unless you have paid fees for use by
     additional Users. In that case, you may install one additional copy
     for every fifty (50) additional licensed Users, except that if (i) you
     have purchased the Software under a volume licensing program with
     different provisions regarding copies, the terms of the volume
     licensing program agreement will govern, or (ii) the User Table
     indicates you have the right to make additional copies of the
     Software, you may make the number indicated in the User Table. If you
     have purchased a license for SuiteSpot software, you may install each
     included server product on a different computer and/or platform. You
     also may switch your installation from one platform to another. We
     recommend that you print out a copy of the User Table page on the date
     that you purchase your license to the Software as confirmation, along
     with your proof of purchase document(s), of the number of copies you
     are entitled to install.

   * Make a single copy of the Software for archival purposes, provided the
     copy contains all of the original Software's proprietary notices.

   * Use the "Powered By Netscape SuiteSpot" logo (the "Logo") on your web
     site (internal or external) provided (i) the site operates on or
     utilizes the Software (any Netscape server product or combination of
     products) and (ii) you agree to the applicable terms and conditions of
     use described in the Logo usage guidelines found at
     http://home.netscape.com/comprod/mirror/powered_suitespot_guidelines.html.
     This license does not grant you any rights to use the Logo on products
     or services.

   * If the Software contains header files, copy and use the header files
     solely to create and distribute programs to interface with the server
     Application Program Interfaces. You may not modify the header files.

   * If the Software contains Java classes other than classes which are
     part of the Software's programming interface ("Sample Java Classes"),
     copy and use the Sample Java Classes solely to create and distribute
     programs to interface with Netscape products.

   * If applicable, run multiple instances of the Netscape Resource
     Description Server and Netscape Compass Server software for content
     robotting on multiple computers.

   * Install and run multiple instances of the Netscape Mission Control Console client
     on multiple machines and platforms for remote and distributed admininstration
     of servers and applications.

   * If the Software contains an Informix database, run the Informix
     database only on a single computer upon which the Software is
     installed. If the Software is a server product other than Netscape
     Enterprise Server Pro ("Enterprise Pro") or LiveWire Pro, the Informix
     database may be used only as a repository for the Software's data and
     may not be used for any other purpose. The Informix database may be
     accessed only by tools intended for use with the Software. If the
     Software is Enterprise Pro or LiveWire Pro, you may also use the
     Informix database for additional purposes as further described below
     in the Enterprise Pro and LiveWire Pro Database Rights and Limitations
     section.

   * If the Software contains a Visigenic VisiBroker development component,
     use the Visigenic VisiBroker development component on no more than one
     computer by no more than one developer. The single allowed developer
     may use both VisiBroker for C++ and VisiBroker for Java.

   * If the Software contains a Visigenic runtime component, use the
     Visigenic runtime to invoke object implementations, provided that the
     invoking application (i) is one or more components of the Software or
     (ii) interoperates with and runs on the same computer as the
     Software.

   * If the Software is Enterprise Pro, run the server-side JavaScript
     compiler on an unlimited number of computers.

   * If you received Netscape Directory Server bundled with Netscape
     SuiteSpot or another Netscape server product, allow access to
     Directory Server's functionality and services by the same Users who
     are licensed to access the acquired server product's functionality and
     services. In order to allow access by additional Users, you must pay
     additional license fees. If you received Netscape Directory Server as
     the embedded directory service component of a third party software
     product or application, you may use Netscape Directory Server only for
     such embedded directory services and not to provide directory services
     for other software products or to provide standalone directory
     services, unless your license with that third party explicitly grants
     you additional rights.

   * If the Software is Netscape Content Management Server, (i) use the
     Software only in conjunction with Netscape PublishingXpert software
     and (ii) use the accompanying Netscape Enterprise Server software
     solely for embedded use with the Software, and for no other purpose.

   * If the Software is or includes Netscape Messenger Express, use
     Netscape Messenger Express only in conjunction with Netscape Messaging
     Server. Netscape Messenger Express may not be used with any other
     server product. You may allow use of Netscape Messenger Express by the
     same number of Users you have licensed for use of Messaging Server.

   * If the Software is or includes Netscape Calendar Express, use Netscape
     Calendar Express only in conjunction with Netscape Calendar Server.
     Netscape Calendar Express may not be used with any other server
     product. You may allow use of Netscape Calendar Express by the same
     number of Users you have licensed for use of Calendar Server.

Enterprise Pro and LiveWire Pro Database Rights and Limitations. If the
Software is Enterprise Pro or LiveWire Pro (whether acquired separately or
as part of SuiteSpot), you have certain limited rights to use the included
database for purposes in addition to those described above. These rights
and limitations are:

Informix Database. If the Enterprise Pro or LiveWire Pro software includes
an Informix database, in addition to the rights and limitations described
above, the Informix database may be used only (i) for the purpose of
developing Netscape web server applications ("Web Server Applications");
and (ii) to reproduce and distribute a single copy of the runtime version
of the Informix database for use solely as a component of a Web Server
Application and only on a single computer for up to thirty-two (32)
connections (the "Deployment System"). A "connection" means a computer
process generated by the designated computer to service on-line users of
the Web Server Applications. A single connection may support a multitude of
users, the exact number of which depends on the particular circumstances.
Multiple Web Server Applications may reside on the Deployment System,
provided that all such applications access only the single copy of the
Informix database and all Web Server Applications together use no more than
thirty-two (32) connections. You may use the Informix database to develop
any number of Web Server Applications, but once you have distributed a
single runtime version of the Informix database in any one Web Server
Application, you may not distribute the Informix database in another copy
of that Web Server Application or as part of any subsequent Web Server
Application. In order to provide a database product as part of your Web
Server Application either you must purchase a separate LiveWire Pro license
for each recipient, or each recipient to whom you distribute a Web Server
Application must license its own copy of a database product. You may not
establish direct connections with the Informix database other than through
the Enterprise Pro or LiveWire Pro software or use the Informix database
for any purpose other than developing and executing Web Server
Applications.

Oracle Database. If the Enterprise Pro or LiveWire Pro software includes an
Oracle database you are licensed to run the Oracle database only on a
single processor on the same computer upon which Enterprise Server software
is installed for internal business purposes, and only permitting access by
up to ten named users. The Oracle database may be used only for the purpose
of developing Web Server Applications, and for no other purpose. You may
not distribute the Oracle database with Web Server Applications. In order
to provide a database product as part of your Web Server Application either
you must purchase a separate database product license for each recipient,
or each recipient to whom you distribute a Web Server Application must
license its own copy of a database product. You may not establish direct
connections with the Oracle database other than through the Enterprise Pro
or LiveWire Pro software.

LIMITATIONS. You may not:

   * allow access to the functionality and/or services provided by the
     Software by more Users than you have licensed;

   * modify, translate, reverse engineer, decompile, disassemble (except
     solely to the extent an applicable statute expressly and specifically
     prohibits such restrictions), or create derivative works based on the
     Software;

   * copy the Software other than as specified above;

   * publish or provide any results of benchmark tests run on the Software
     to a third party without Netscape's prior written consent;

   * rent, lease, grant a security interest in, or otherwise transfer
     rights to the Software; or

   * remove or alter any trademark, logo, copyright or other proprietary
     notices, legends, symbols or labels in the Software.

FEES. The rights granted under this Agreement are only effective upon
payment of license fees. License fees for most Netscape server products are
based on the number of Users accessing certain functionality and/or
services of the server product. User-based licensing applies to these
server products. Detailed information regarding user-based and other types
of licensing and license fees can be found at the User Table page. We
recommend that you print out a copy of the User Table page on the date that
you purchase your license to the Software as confirmation of the
functionality and services of each server product to which per User fees
apply.

ENCRYPTION. If the Software contains cryptographic features, then you must
obtain a signed digital certificate from a certificate authority or a
certificate server in order to utilize the cryptographic features. You may
be charged additional fees for certification services. Following successful
installation of a digital certificate, your use of the Software's
cryptographic features will be enabled. You are responsible for maintaining
the security of the environment in which the Software is used and the
integrity of the private key file used with the Software. In addition, the
use of digital certificates is subject to the terms specified by the
certificate provider, and there are inherent limitations in the
capabilities of digital certificates. If you are sending or receiving
digital certificates, you are responsible for familiarizing yourself with
and evaluating such terms and limitations. If the Software is a Netscape
product with FORTEZZA, you will need to obtain PC Card Readers and FORTEZZA
Crypto Cards from another vendor to enable the FORTEZZA features.

LIMITED WARRANTY. If you have paid a license fee for the Software, Licensor
warrants that for a period of ninety (90) days from the date of
acquisition, the Software, if operated as directed, will substantially
achieve the functionality described in the Documentation. Licensor does not
warrant, however, that your use of the Software will be uninterrupted or
that the operation of the Software will be error-free or secure. In
addition, the security mechanisms implemented by the Software have inherent
limitations, and you must determine that the Software sufficiently meets
your requirements. Licensor also warrants that the media containing the
Software, if provided by Licensor, is free from defects in material and
workmanship and will so remain for ninety (90) days from the date you
acquired the Software. Licensor's sole liability for any breach of this
warranty shall be, in Licensor's sole discretion: (i) to replace your
defective media or Software; or (ii) to advise you how to achieve
substantially the same functionality with the Software as described in the
Documentation through a procedure different from that set forth in the
Documentation; or (iii) for individual consumers, if the above remedies are
impracticable, to refund the license fee you paid for the Software.
Repaired, corrected, or replaced Software and Documentation shall be
covered by this limited warranty for the period remaining under the
warranty that covered the original Software, or if longer, for thirty (30)
days after the date (a) of delivery to you of the repaired or replaced
Software, or (b) Licensor advised you how to operate the Software so as to
achieve substantially the same functionality described in the
Documentation.

Only if you inform Licensor of your problem with the Software during the
applicable warranty period and provide evidence of the date you purchased a
license to the Software will Licensor be obligated to honor this warranty.
Licensor will use reasonable commercial efforts to repair, replace, advise
or, for individual consumers, refund pursuant to the foregoing warranty
within thirty (30) days of being so notified.

This warranty shall immediately terminate if (a) you make any modifications
to the Software during the warranty period, (b) the media is subjected to
accident, abuse, or improper use, or (c) you violate the terms of this
Agreement. This warranty shall not apply if the Software is used on or in
conjunction with hardware or software other than the unmodified version of
hardware and software with which the Software was intended to be used as
described in the Documentation.

THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE
BY LICENSOR OR ITS SUPPLIERS. LICENSOR MAKES NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER
STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW,
THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL
BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN
NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS
THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR
EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR
IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS
TO THIS LIMITED WARRANTY.

TITLE. Title, ownership rights, and intellectual property rights in the
Software and Documentation shall remain in Netscape and/or its suppliers.
You acknowledge such ownership and intellectual property rights and will
not take any action to jeopardize, limit or interfere in any manner with
Netscape's or its suppliers' ownership of or rights with respect to the
Software and Documentation. The Software and Documentation are protected by
copyright and other intellectual property laws and by international
treaties. Title and related rights in the content accessed through the
Software is the property of the applicable content owner and is protected
by applicable law. The license granted under this Agreement gives you no
rights to such content.

TERMINATION. This Agreement and the license granted hereunder will
terminate automatically if you fail to comply with the limitations
described herein. Upon termination, you must destroy all copies of the
Software and Documentation. Your obligations to pay accrued charges and
fees shall survive any termination of this Agreement.

EXPORT CONTROLS. None of the Software or underlying information or
technology may be downloaded or otherwise exported or reexported (i) into
(or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea,
Iran, Syria or any other country to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Denial
Orders. By downloading or using the Software, you are agreeing to the
foregoing and you are representing and warranting that you are not located
in, under the control of, or a national or resident of any such country or
on any such list. In addition, you are responsible for complying with any
local laws in your jurisdiction which may impact your right to import,
export or use the Software, and you represent that you have complied with
any regulations or registration procedures required by applicable law to
make this license enforceable.

If the Software is identified as a not-for-export product (for example, on
the box, media or in the installation process), then, unless you have an
exemption from the United States Department of State, the following
applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN
CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE
EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR
"FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS,
INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN,
NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES.
BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO THE
FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A
"FOREIGN PERSON" OR UNDER THE CONTROL OF A "FOREIGN PERSON."

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL
LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY DIRECT (WITH RESPECT TO THE ORACLE
DATABASE PRODUCT ONLY), INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR
RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF
LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'S
NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS EXCLUSION AND 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"). Accordingly, Licensor and its suppliers
specifically disclaim any express or implied warranty of fitness for High
Risk Activities.

MISCELLANEOUS. This Agreement represents the complete agreement concerning
the license granted hereunder and may be amended only by a writing executed
by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED
BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS
SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any
provision of this Agreement is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable.
Unless otherwise agreed in writing, all disputes relating to this Agreement
(excepting any dispute relating to intellectual property rights) shall be
subject to final and binding arbitration in Santa Clara County, California,
under the auspices of JAMS/EndDispute, with the losing party paying all
costs of arbitration. This Agreement shall be governed by California law,
excluding conflict of law provisions (except to the extent applicable law,
if any, provides otherwise). The application of the United Nations
Convention on Contracts for the International Sale of Goods is
expressly excluded.

U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that
term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
computer software" and "commercial computer software documentation," as
such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
U.S. Government End Users acquire the Software with only those rights set
forth herein.
