This is a legal agreement ("Agreement") between you (either an individual or an entity), the end user ("Recipient"), and Microsoft Corporation ("Microsoft"). BY INSTALLING, COPYING OR OTHERWISE USING THE PRODUCT (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THE PRODUCT. MICROSOFT LICENSE AGREEMENT for Microsoft Windows 2000 Server Pre-Release Code 1. GRANT OF LICENSE. (a) Solely for internal testing, Microsoft grants Recipient a limited, non-exclusive, non-assignable, nontransferable, royalty-free license to: (i) install and use two (2) copies of the server software component of the software accompanying this agreement (the "Product") on computer's residing on Recipient's premises (a computer running the server software component of the Product shall be referred to as the "Server"), and (ii) install and use an unlimited number of copies of the client software components of the Product (including any profiles created using the Product), on client computers residing on Recipient's premises and connected to a Server. All other rights are reserved to Microsoft. Recipient shall not rent, lease, sell, sublicense, assign, or otherwise transfer the Product or any accompanying printed materials ("Documentation"). Recipient may not reverse engineer or decompile the Product, except to the extent that the foregoing restriction is expressly prohibited by local law. Recipient may not use the Product in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up. Recipient may not use the Product for benchmark or performance testing. Microsoft and its suppliers shall retain title and all ownership rights to the Product, and this Agreement shall not be construed in any manner as transferring any rights of ownership or license to the Product or to the features or information therein, except as specifically stated herein. (b) At Microsoft's request, Recipient agrees to provide reasonable feedback to Microsoft, including but not limited to usability, bug reports and test results, with respect to the Product testing. In addition, if requested by Microsoft, Recipient will use reasonable efforts to review and comment on all documentation supplied. All bug reports, test results and other feedback made by Recipient shall be the property of Microsoft and may be used by Microsoft for any purpose it sees fit. Due to the nature of the development work, Microsoft is not certain if errors or discrepancies in the Product may be corrected. (c) Recipient's use of the Product shall take place solely at Recipient's site. Recipient may not demonstrate or show the Product to third parties without the express written permission of Microsoft. (d) The Product may contain Windows NetMeeting, technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. Recipient may use this technology (as permitted in Section 1(a) above), with all Microsoft application products for multi-party conferences. For non-Microsoft applications, Recipient should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor. Note Regarding Windows 95 and Windows 98 Client Software. The Product may include Windows 95 and Windows 98 client software. This Agreement does not give you any rights to install or use copies of the Windows 95 or Windows 98 operating systems. You must purchase a separate license to acquire such rights. 2. TERM OF AGREEMENT. The term of this Agreement shall commence upon Recipient's copying, installing or using the Product and shall continue unless terminated by Microsoft in writing at any time, with or without cause. This Agreement will terminate without notice upon the commercial release of the Product. Upon the termination of this Agreement, Recipient shall cease use of the Product and, shall, upon request, promptly return to Microsoft, or certify destruction of, all full or partial copies of the Product and related materials provided by Microsoft. 3. SUPPORT. Microsoft is not obligated to provide technical or other support for the Product. However, limited technical support ("Support Services"), if noted in the materials provided to Recipient by Microsoft, may be available. Use of any such Support Services is governed by the Microsoft policies and programs described in "online" documentation, and/or in other Microsoft-provided materials. Any supplemental software code provided to Recipient as part of the Support Services shall be considered part of the Product and subject to the terms and conditions of this Agreement. With respect to technical information Recipient provides to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies Recipient. Such limited Support Services may not be available in all countries outside the United States and will be discontinued once the Product is commercially released. 4. MAINTENANCE. Microsoft is not obligated to provide maintenance, technical support, or updates to Recipient for Product licensed under this Agreement. In no event shall Microsoft be obligated to provide Recipient, free of charge, a copy of the commercial release version of the Product in connection with Recipient's participation in the testing program. Microsoft is not obligated to make the Product commercially available. 5. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Microsoft and its suppliers provide the Product and any (if any) Support Services AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but notlimited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Product, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU. 6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Product, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of Agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Microsoft or any supplier, and even if Microsoft or any supplier has been advised of the possibility of such damages. 7. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Microsoft and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 8. GOVERNING LAW; ATTORNEYS' FEES. This Agreement shall be construed and controlled by the laws of the State of Washington and Recipient consents to the jurisdiction and venue in the federal courts sitting in King County, Washington, unless no federal subject matter jurisdiction exists, in which case Recipient consents to the jurisdiction and venue in the Superior Court of King County, Washington. Recipient waives all defenses of lack of personal jurisdiction and forum nonconveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either Microsoft or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. 9. U.S. GOVERNMENT RESTRICTED RIGHTS. The Product and Documentation provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. Product and Documentation provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 10. EXPORT RESTRICTIONS. Recipient agrees that Recipient will not export or re-export the Product or Documentation to any country, person or entity subject to U.S. export restrictions. Recipient specifically agrees not to export or re-export the Product or Documentation (i) to any country to which the U. S. has embargoes or restricted the export of goods or services which currently include but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Product or Documentation back to such country; (ii) to any person or entity who Recipient knows or has reason to know will utilize the Product or Documentation in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. Should you have any questions concerning this Agreement, or if you desire to contact Microsoft for any reason, please write: Microsoft Corporation, WWPG Beta Team, One Microsoft Way, Redmond, WA 98052-6399.