Permessa Email Control! Express End User License Agreement

END-USER BETA LICENSE AGREEMENT

This is a legal agreement between User ("User"), and Permessa of business in Waltham, Massachusetts, USA ("PERMESSA"). BY USING OR INSTALLING ALL OR PART OF THE BETA-TEST SOFTWARE PRODUCT(S) KNOWN AS Permessa® Email Control! Express for Microsoft Exchange (ECX) (the "SOFTWARE") PROVIDED BY PERMESSA, USER AGREES TO BE BOUND BY THE TERMS OF THIS LICENSING AGREEMENT.

1. GRANT OF LICENSE. Subject to the provisions contained herein, Permessa hereby grants to the User a nonexclusive, restricted license (the "License") to use the Software solely for the purpose of evaluating and testing the Software during the "Beta Period", as solely defined by Permessa and communicated to User. License permits the use of the Software which includes collection and display software for the Microsoft Exchange Server environment and user documentation provided in "on-line" or electronic form, non-exclusively, only internally and only as related to the management and administration of User's own Microsoft Exchange network.

2. LICENSE TERM. The term of this Beta Agreement and the license granted herein commences upon the date User accepts this Agreement and ceases at the end of the "Beta Period" which unless otherwise stated in writing by Permessa shall be November 30, 2008. Ownership and Proprietary Information rights and restrictions shall survive termination of this Agreement.

3. BETA TEST REPORTING. User agrees to provide timely, and reasonably accurate and complete information regarding the quality and usage of the Software and Documentation during the Beta Period. User shall report malfunctions and bugs directly and only to the Permessa. The contents and expression of all oral and written reports made by User to Permessa, its subcontractors, its licensors or licensees together with any other materials, information, ideas, concepts, and know-how provided by User relating to the Software, shall become the property of Permessa and may be used by Permessa for any business purpose it may choose. Under no circumstances shall Permessa be liable for any payment to User for any such report or information.

4. TITLE. Title and ownership rights in and to the Software and Documentation shall remain exclusively in Permessa. The Software is provided for User's own internal use under this license. This license does not include the right to sublicense and is personal to User and therefore may not be assigned (by operation of law or otherwise) or transferred. User acknowledges that the Software source code remains a confidential trade secret of Permessa and therefore agrees not to attempt or knowingly allow others to decipher, decompile or reverse engineer the Software or determine how Permessa develops passwords.

5. COPYRIGHT. The SOFTWARE (including any images, "applets," photographs, animations, video, audio, music and text incorporated into the SOFTWARE) is owned by PERMESSA or its suppliers and is protected by United States copyright laws, international treaty provision, and all other applicable national laws. Therefore, User must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording). User may not copy any printed material accompanying the SOFTWARE, nor print copies of any user documentation provided in "on-line" or electronic form.

6. CONFIDENTIAL INFORMATION AND NON-DISCLOSURE. User may not disclose any information about the SOFTWARE to any third party unless explicitly authorized to do so by PERMESSA. User shall keep in trust and confidence all Confidential Information. Confidential Information means all data, information, know-how, programs or intelligence, whether in machine readable or visually readable form, which is the property of and is confidential and proprietary to Permessa, or which is derived from such confidential information. User specifically acknowledges that all forms of the Beta Software and Documentation is considered proprietary and as such, Confidential Information. User also acknowledges that all information it develops or acquires relating to the Beta Software and Documentation shall also be considered Confidential Information until such information is released for general distribution.

User acknowledges that the Software (including the associated documentation) constitutes and contains valuable confidential and trade secret information of Permessa. User acknowledges that the unauthorized reproduction or distribution of the Software could cause serious and irreparable harm to Permessa and, as an essential term and condition of being granted this License, User will:

(a) not copy or reproduce the Software or any portions thereof, except as reasonably required for backup purposes;

(b) take all reasonable precautions to prevent unauthorized or improper use of the Software, including the storage of the media containing copies of the Software in a manner so as to reasonably preclude unauthorized access thereto; and

(c) not allow copies of the Software or any portion thereof to leave User premises except for the licensed copy of the client software installed on User COMPUTER SYSTEM (thus, without limitation, User will not transmit the Software or any portions thereof over the Internet nor electronically transfer from one COMPUTER SYSTEM to another device except for legitimate backup purposes).

User agrees to take all reasonable steps to see that User employees, officers, and agents act in accordance with the confidentiality provisions of this Agreement.

Because unauthorized transfer of the Software will diminish substantially the value of Permessa Corporation trade secrets and proprietary properties that are subject to the License, IF USER BREACHES USER OBLIGATIONS UNDER THIS SECTION 6 OR UNDER SECTION 4, PERMESSA SHALL BE ENTITLED TO REMEDIES WHICH MAY INCLUDE, WITHOUT LIMITATION, EQUITABLE RELIEF (INCLUDING ORDERS FOR SPECIFIC PERFORMANCE AND INJUNCTIONS),

7. OTHER RESTRICTIONS. This License is User's proof of license to exercise the rights granted herein and must be retained by User. User may not rent or lease the SOFTWARE, nor may User transfer its rights under this License on either a temporary or a permanent basis. The Software and Documentation shall be used exclusively by User, and User shall not allow others to use or have access to the Software and Documentation, either directly or indirectly. User may not export the Software from the United States (or the Country in which the license has been granted), modify the Software or Documentation, or make derivative or compilation works of them.User may not reverse engineer, decompile or disassemble the SOFTWARE, except to the extent the foregoing restriction is expressly prohibited by applicable law.

8. TERMINATION. Upon completion of the Beta Period, or upon written request from PERMESSA, User shall immediately discontinue the use of the Software and shall erase all relevant software and data files from all media including copies made for backup and archival purposes, will certify to PERMESSA in writing that all SOFTWARE and data files have been deleted and will return any installation materials/disks and all documentation and instructions to PERMESSA.

9. WARRANTY AND LIABILITY LIMITATIONS. User understands the Software and Documentation is of Beta quality, and that there is no warranty with respect to such Software and Documentation. User agrees that any use of the Software will be entirely at User’s own risk. User agrees to backup data and take other appropriate measures to protect User’s programs and data. User agrees not to allow any third party to use the Software and to indemnify and hold Permessa harmless from any damages or claims arising from use by any third party that received or copies a copy of the Software, directly or indirectly, from User. PERMESSA DOES NOT WARRANT ANY BETA RELEASE; BETA RELEASES ARE DISTRIBUTED "AS IS." PERMESSA MAKES NO EXPRESSED OR IMPLIED WARRANTY AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERMESSA BE LIABLE FOR ANY DAMAGES, REGARDLESS OF THE FORM OF ACTION, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, EVEN IF PERMESSA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY USER OR FOR ANY THIRD PARTY CLAIM. Additionally, portions of the Software and Documentation may be derived from third-party software and no such third party warrants the Software or Documentation, assumes any liability regarding use of the Software or Documentation, or undertakes to furnish any support or information relating to the Software or Documentation. Permessa explicitly excludes any and all warranties and indemnities related to an Infringement in connection with third party software. Some jurisdictions do not permit the disclaimer of warranties or the exclusion of consequential damages, so these disclaimers and limitations may not apply to User.

10. RESOLUTION OF DISPUTES. Any claim of whatever nature including but not limited to the issue of dispute resolution arising out of or relating to the Agreement shall be resolved pursuant to the dispute resolution procedure as follows: If any disputes are not resolved by informal negotiations of the parties, then the parties agree to submit to non-binding mediation in accordance with the Mediation Rules of the American Arbitration Association (the “AAA”); and In the event the parties are unable to resolve issues by using mediation, then the parties shall have all rights available to them at law or in equity.

11. GENERAL PROVISIONS This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be ineffective, unenforceable, or illegal under certain circumstances for any reason, such decision shall not affect the validity or enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances and such provision shall be reformed to and only to the extent necessary to make it effective, enforceable, and legal under such circumstances.

All headings are solely for convenience and shall not be considered in interpreting this Agreement.

This Agreement shall be governed by and construed under Massachusetts law as such law applies to agreements between Massachusetts residents entered into and to be performed entirely within Massachusetts except as required by U.S. Government rules and regulations to be governed by Federal Law. No agency, partnership, joint venture, or other joint relationship is created by this Agreement. Permessa may enter into the same or similar Agreements with others.

All "notices" under this Agreement shall be in writing and sent to User at the email address provided by User, to Permessa Corporation at the address set forth below, or to other then-current address specified by effective notice, via certified mail or other means that provides proof of delivery.

Notices to Permessa should be sent to the following address: 69 Hickory Drive, Waltham, MA 02451 USA

User may not assign, sell, or otherwise transfer to any other party this Agreement, the License, or any material items furnished under this Agreement, without Permessa’s written consent.

The failure of a party to exercise any right shall not be deemed a waiver of any further or future right.

The export of the Software from the United States and re-export from any other country is governed by the U.S. Department of Commerce under the export control laws and regulations of the United States and by any applicable law of such other country, and the Software shall not be exported or re-exported in violation of any such laws or regulations.

If any part of this Agreement is deemed invalid or unenforceable, the remainder shall be unaffected. Should User has any questions concerning this Agreement, or if User desires to contact Permessa for any reason, please write: Permessa Marketing and Sales, 69 Hickory Drive, Waltham, MA 02451 USA, or Email Permessa Support.

ADDENDUM FOR REDISTRIBUTED SOFTARE:

=== Java Server Faces

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission.

This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You acknowledge that this software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.

=== J2SE 1.5.0, including the JDK

The distribution also includes the SUN Java Development Kit ("JDK") and is covered by the "J2SE Runtime Environment Binary Code License" agreement. For the precise terms of the license for the JDK, please check the on-line documentation that accompanies them or review the license at http://java.sun.com/j2se/1.5.0/docs/relnotes/license.html. If you do not agree to abide by the applicable license terms for the JDK, then do not install this product.

=== SQL Server 2005 Express Edition

The distribution also includes the Microsoft SQL Server 2005 Express Edition and is covered by the "MICROSOFT MICROSOFT SQL SERVER 2005 EXPRESS EDITION REDISTRIBUTABLE CODE" License agreement. For the precise terms of the license for SQL Server 2005 Express Edition, please review the license at http://www.microsoft.com/sql/editions/express/redistregister.mspx. If you do not agree to abide by the applicable license terms for SQL Server 2005 Express Edition, then do not install this product.

=== TOMCAT 5.5.4

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

=== Java Universal Network/Graph Framework (JUNG)

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS 'AS IS' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Permessa Email Control! Express End User License Agreement

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