UNIPALM LTD MAIL-IT BETA RELEASE LICENCE AGREEMENT UNIPALM LTD SOFTWARE LICENCE AND LIMITED WARRANTY THIS LEGAL DOCUMENT IS AN AGREEMENT BETWEEN YOU, THE END USER, AND UNIPALM LTD. BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENCE, LIMITED WARRANTY AND ACKNOWLEDGMENT. READ THESE TERMS CAREFULLY BEFORE INSTALLING THIS SOFTWARE. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD PROMPTLY REMOVE ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER MEDIA AND RETURN THE PRODUCT TO UNIPALM. ELIGIBLE LICENSEE. In order to be eligible to receive a license of the Mail-it V2.0 Software, Licensee represents and warrants that (a) Licensee understands the purpose, functions and general design parameters of the Software and (b) Licensee has not developed or marketed, is not developing and/or marketing, and will not develop and/or market during the Beta Period any computer software that is similar to or likely to be commercially competitive with the Software. No license is granted hereby to any person, firm, or corporation as to which the foregoing representation and warranty is not true. If the foregoing representation and warranty is not true, do not use the Software, and return the Software immediately to Unipalm for a full refund of any prepaid license fee. If the foregoing representation and warranty becomes untrue at any time during the Beta Period, this license shall automatically become void at that time and the Software must be returned to Unipalm immediately. Without waiving any liability that Licensee may have for damages, Licensee agrees and consents that any breach by Licensee of this paragraph, or of the paragraphs captioned, "License", Restricted Use", and "Proprietary Information" shall entitle Unipalm to injunctive and other equitable relief in each such instance. BETA TEST REPORTING. The Licensee agrees to provide timely, and reasonably accurate and complete information regarding the quality and usage of the Software and Documentation during the Beta Period. Licensee shall report malfunctions and bugs directly and only to the Licensor. Additionally, the Licensee shall not communicate the results of its usage of the software to any party other than Unipalm. However, Licensee is free to communicate that it is a beta tester of the software. 1. Unipalm hereby grants to the Customer a non-transferable and non- exclusive licence to use a single copy of the Product soley in accordance with the terms of this Agreement. 2. The Product is to be used by the Customer only upon such Central Processing Units ("CPUs") as are required to test and evaluate the Product. 3. The Customer shall use the Product soley and exclusively for the purposes of test and evaluation thereof. 4. The Customer shall notify Unipalm of any defects or deficiencies in the Product as soon as practicable. 5. The Product shall at all times remain the exclusive property of Unipalm and the Customer shall not acquire any rights whatsoever in respect thereof except by express Agreement with Unipalm. 6. The customer acknowledges that the Product is in the process of development. Save as expressly provided herein, Unipalm makes no warranty or representation, whether express or implied, concerning the Product. 7. Unipalm warrants that the Product does not infringe any patent, copyright or other intellectual property right of any third party. 8. Save in the event of death or personal injury, Unipalm shall not be liable for any loss or damage whatsoever arising out of the use or possession of the Product by the Customer. 9. a) Save as provided in Clause 10 herein, the Customer shall regard any information, whether technical or commercial, acquired from Unipalm as confidential and shall only make use of such information for the purpose set out in Clause 3 herein. b) The Customer shall not copy or record, by any means whatsoever, any such information, save to the extent that it is reasonably necessary for the purpose of Clause 3 herein. c) The Customer shall not disclose any such information to any of its employees, associates or to any third party, save to the extent that it is reasonably required for the purpose set out in Clause 3 herein. d) The Customer shall accept full responsibility and liability for the performance of the Clause by its employees, associates and any third party to whom any such information is disclosed and shall do its best endevours to prevent the unauthorised disclosure of any such information. e) The Customer's obligations under this Clause shall continue for a period of five years following the final disclosure of any such information under this Agreement, notwithstanding any prior termination of this Agreement. 10. Information acquired from Unipalm shall not be regarded as confidential: a) If it becomes known to the general public, save through any default on the part of the Customer. b) If it was in the possession of the Customer prior to receipt from Unipalm, the onus of proof being on the Customer. c) If it is received by the Customer from a third party, save in breach of any obligation of confidentiality. 11. This Agreement sall continue for a period of 90 days or until terminated by either party on 10 days notice to the other in writing. In the event of any breach in the terms of this Agreement by the Customer, Unipalm shall be entitled to terminate this agreement forthwith. 12. Upon termination, the Customer shall return all copies of the Product to Unipalm forthwith. 13. This Agreement shall be governed by the Law of England.