GRASSHOPPER V1 BETA EVALUATION LICENSE AGREEMENT (BELA) This Beta Evaluation License Agreement(BELA) is a legal agreement between you (the "USER") and Allen Watson(the "OWNER"), in which USER agrees to use a SOFTWARE program known as GrassHopper V1 (the "SOFTWARE") under the terms of this BELA. If you do not agree to the terms of this agreement, do not install or use this SOFTWARE. 1. Grant: (a) Evaluation: If USER wishes to evaluate the SOFTWARE, USER is hereby licensed to install, use and copy the SOFTWARE for the purposes of evaluation. The evaluation period shall commence on the date you install the SOFTWARE and the evaluation period shall be for sixty(60) days. At the end of the evaluation period, USER agrees to destroy the SOFTWARE and all copies. (b) Redistribution: If USER wishes to distribute the SOFTWARE, USER is hereby licensed to make copies of the SOFTWARE; distribute copies to anyone; and distribute the SOFTWARE unmodified by electronic means, including, but not limited to, the Internet, CD-ROM and floppy disks. USER may not charge a fee for use of the SOFTWARE and must not represent that USER is selling the SOFTWARE. 2. Restrictions: USER agrees not to reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software. 3. Deletion of SOFTWARE and Materials: Upon the conclusion of the evaluation period or at the OWNER's request, USER shall promptly (within 10 days) delete all copies of the SOFTWARE and all related materials and erase all portions thereof from computer memory. 4. Disclaimer of Warranty: USER understands and acknowledges that the SOFTWARE is a beta product and its accuracy and reliability are not guaranteed. Owing to its experimental nature, USER is advised not to rely exclusively on the SOFTWARE for any reason. USER waives any and all claims it may have against the OWNER arising out of the performance or nonperformance of the SOFTWARE. THE SOFTWARE IS PROVIDED AS IS, AND THE OWNER DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 5. Limitation of Liability: The OWNER shall not be responsible for any loss or damage to USER or any third parties caused by the SOFTWARE or by the OWNER's performance of this Agreement. THE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT INDIRECT, SPECIAL, INCIDENTAL OR CONSQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT. 6. No Rights Granted: The SOFTWARE is protected by United States copyright law and international treaties. USER understands and acknowledges that this Agreement does not constitute a grant or an intention or commitment to grant any right, title or interest in the SOFTWARE or the OWNER's trade secrets and copyright to USER. USER shall clearly identify the SOFTWARE as the OWNER's property. 7. Entire Agreement: This Agreement contains the entire understanding and agreement of the parties relating to the subject matter hereof. Any representation, promise or condition not explicitly set forth in this Agreement shall not be binding on either party. All additions or modifications to this Agreement must be made in writing and must be signed by both parties to be effective. 8. Applicable Law: This Agreement is made under, and shall be construed according to, the laws of the State of California.