MTV BUILDER - 30 DAY SOFTWARE EVALUATION LICENSE AGREEMENT ---------------------------------------------------------------------- BEFORE USING THE ACCOMPANYING SOFTWARE PROGRAM(S), CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF ACCEL SOFTWARE ENGINEERING ("AGREEMENT"). INSTALLING THE ACCOMPANYING PROGRAMS INDICATES YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS, DO NOT INSTALL THE SOFTWARE. 1. DEFINITIONS. As used in this Agreement: "EVALUATION COPY" means a copy of the Program (as defined below) provided to you with this license and solely for your evaluation of such Program. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE PROGRAM IS FULL FEATURED, BUT LIMITS THE NUMBER OF MESSAGES YOU CAN SPECIFY (10). "PROGRAM" means Accel's proprietary MTV Builder software program including the Ada Support Code. "ADA SUPPORT CODE" means Accel's proprietary MTV Ada software necessary to compile, link and run the code generated by the Program. "SEAT" means a specific, unique, identifiable PC computer running Windows 95 or Windows NT. 2. LICENSE. Accel Software Engineering ("ACCEL") hereby grants to you a non-exclusive license ("LICENSE") for a period of ninty days, to use the Evaluation copy of the Accel software program accompanying this License on a single Seat as an Evaluation Copy only. Except as otherwise noted in this Section 2, you may not use the Evaluation Copy for internal development purposes or for development or support of your application software. You may develop prototype applications with the Evaluation Copy but may not copy, sell, or transfer any prototype application developed with the Software. The Software may only be accessed through the Seat on which it resides. You may use one copy of the documentation, either by printing a copy of it or accessing it through a computer. The Ada Support Code contained in the evaluation copy of the Program may only be used in conjunction with the code generated by the Program. 3. PROPRIETARY PROPERTY. The Programs are and shall remain at all times the property of Accel or its licensors, and Customers shall have no right, title, or interest therein except as expressly set forth in this Agreement. Customer acknowledges that the Programs are the proprietary property of Accel or its licensors. Customer agrees that it will protect the proprietary rights of Accel and its licensors and will take all steps reasonably necessary to prevent the disclosure of the Programs, including any documentation, to any other person, firm, or corporation. Customer further agrees that it will not copy or reproduce the Program, prototype applications developed therefrom, or associated documentation for any purpose whatsoever. Customer shall not modify, reverse engineer, reverse assemble, or reverse compile any Program or part thereof. Upon expiration of this agreement, you agree to destroy the Evaluation Copy obtained under this Agreement. 4. LIMITED WARRANTY AND LIABILITY. Accel hereby represents and warrants that it has the right to provide the programs to customer under this agreement. Accel makes no other representations or warranties with respect to the Programs, express or implied, in fact or in law, including the implied warranties of merchantability and fitness for a particular purpose. Customer agrees the use permitted hereunder is for trial purposes only, and Accel shall not be liable for any lost profits or for direct, indirect, special, incidental, or consequential damages, or any claim or demand against Customer, even if Accel has been advised of the possibility of such damages. Copyright © 1997,1998 Accel Software Engineering. All rights reserved. Accel & MTV Builder are trademarks of Accel Software Engineering. www.accelse.com 9804015