ActiveState PerlMx End User License Agreement You should carefully read the following terms and conditions before using the ActiveState software. Using the software indicates your acceptance of these terms and conditions. If you do not agree with them, you should promptly cease using the software in any context and destroy all copies of the software in your possession. ActiveState Corporation provides the software and licenses its use. You, the customer, assume all responsibility for the selection of the software to achieve your intended results and for the installation, use and results obtained from the software. 1. License 1. You may use the software in the following contexts: 1. Educational and Personal Use Context The software may be used for educational and personal use for an indefinite period of time. No license fee payment is required for this kind of use. Educational use is defined as using the software in a teaching or learning context. Any use of the software in a context which provides electronic mail handling on a regular basis is not educational use of the software. Personal use is defined as using the software on a computer installed in your place of residence. Any use of the software in a context which provides electronic mail handling for a computer not physically located in your residence is not personal use of the software. 2. Evaluation Use Context The software may be used for evaluation purposes without payment of a license fee for a period of no more than seven (7) days. 3. All Other Contexts Use of the software in a context not covered by the previous two sections is covered by this section. The software may be used on a computer, or on multiple computers for an indefinite period of time upon payment of the appropriate license fee. The license fee is dependent upon the number of Central Processing Units ("CPUs") installed in the computers used to run the software. 2. You must reproduce and include the copyright notice on any copy, modification or portion merged into another software. 3. You may not use, copy, modify or transfer the software, or a copy, in whole or in part, except as expressly provided for in this license. 4. ActiveState Corporation's logos, product names, software manuals, documentation, and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets (whether or not any portion of them may be copyrighted or patented) or are otherwise proprietary to ActiveState Corporation. You agree not to remove any product identification or notices of proprietary restrictions. 2. Terms The license is effective until terminated. You may terminate it at any time by destroying the software together with all copies in any form. It will also terminate upon conditions set forth elsewhere in this agreement or if you fail to comply with any term or condition of this agreement. You agree upon such termination to destroy the software together with all copies in any form. 3. Limited warranty 1. The software is provided as is without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the software is with you. If the software proves defective, you (and not ActiveState Corporation or an authorized dealer) assume the entire cost of all necessary servicing, repair or correction. 2. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. 3. ActiveState Corporation does not warrant that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free. 4. Limitations of remedies In no event will ActiveState Corporation be liable to you for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use the software even if ActiveState Corporation or any authorized dealer has been advised of the possibility of these damages, or for any claim by any other party. The liability for damages of ActiveState Corporation under this agreement shall in no event exceed the greater of $10 or the license fee paid to ActiveState Corporation for the copy of the software which resulted in the damages. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you. 5. General 1. You may not sublicense, assign or transfer the license except as expressly provided in this agreement. Any attempt otherwise to sublicense, assign or transfer any of the rights, duties or obligations under this agreement is void. 2. You may not transfer a copy of the software to any party unless that party agrees to the terms and conditions of this agreement. 3. This agreement is governed by the laws of British Columbia, Canada. 4. If you have any questions concerning this agreement, you may contact ActiveState Corporation via Internet e-mail to sales@ActiveState.com. 5. You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written and any other communications between us relating to the subject matter of this agreement.