Scalix 11 Community Edition Preview License Agreement THIS IS A SOFTWARE LICENSE AGREEMENT BETWEEN YOU, WHICH MEANS YOUR ORGANIZATION, ENTERPRISE, OR OTHER ASSOCIATION OR YOU PERSONALLY IF YOU INTEND TO USE SCALIX 11 COMMUNITY EDITION PREVIEW PERSONALLY (YOU) AND SCALIX CORPORATION (SCALIX, WE, OR US). YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT IS REQUIRED BEFORE USING SCALIX 11 COMMUNITY EDITION PREVIEW. BY USING SCALIX 11 COMMUNITY EDITION PREVIEW, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT ALLOWED TO USE SCALIX 11 COMMUNITY EDITION PREVIEW. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. THIS IS PRE-RELEASE SOFTWARE WITH KNOWN ISSUES AND IS NOT SUITABLE FOR PRODUCTION USE. PLEASE SEE THE WARRANTY DISCLAIMER BELOW. No-Cost License This license does not require that You pay anything to Scalix. Subject to your full compliance with the terms and conditions hereof Scalix grants to You a time-limited, non-exclusive, non-transferable royalty-free worldwide license to install, use and reproduce Scalix 11 Community Edition Preview, but only for non-commercial and non-production uses, and only if You do not use Scalix 11 Community Edition Preview with all or any part of other versions of Scalix software. The license for Scalix 11 Community Edition Preview expires on December 31st, 2006. Scalix 11 Community Edition Preview Usage You may distribute copies of Scalix 11 Community Edition Preview, but only if the person to whom You distribute those copies agrees to comply in full with the terms and conditions of this license agreement. Software Ownership; Software Protection Your rights are defined in this license agreement. Scalix and its licensors retain all right, title, and interest, including all intellectual property rights, to Scalix 11 Community Edition Preview except as expressly provided in this license agreement. Other than Scalix 11 Community Edition Preview source code that is expressly denoted as open source code and made directly accessible by Scalix, You agree that You will not reverse engineer, translate, disassemble, decompile, modify, or otherwise derive the source code of Scalix 11 Community Edition Preview, nor will You attempt to do so or permit others to do so. You agree that You will not remove or alter any copyright notices or other proprietary notices in Scalix 11 Community Edition Preview. You understand that Scalix may modify or discontinue offering Scalix 11 Community Edition Preview at any time. Scalix 11 Community Edition Preview is protected by the copyright laws of the United States and international copyright treaties. This license agreement does not give you any rights not expressly granted herein. Intended for Your Lawful Use Scalix 11 Community Edition Preview is intended for Your lawful use. You agree not to download, install, or use Scalix 11 Community Edition Preview if so doing would be a violation of applicable law. You agree not to publish performance benchmark results for Scalix 11 Community Edition Preview without our prior consent. You may seek such consent by contacting Scalix at info@scalix.com. "Phone Home" Capability Scalix 11 Community Edition Preview includes a "phone home" feature which summarizes basic server/install information (such as platform type, and # users) and periodically sends this back to Scalix. This information helps Scalix track our product usage, and better plan our upcoming releases. The information is also copied to Your administrator account, so that You can confirm that the content is simple, transparent, and non-sensitive. Except where disallowed by local statute, it is a violation of the licensing conditions to disable this feature. Verification of Proper Usage We expect that the vast majority of users of Scalix 11 Community Edition Preview will comply with the terms of this license agreement. However, in order to ensure that users are not willfully violating this license agreement, You agree to cooperate with Us and produce any records or other materials related to Your use of Scalix 11 Community Edition Preview upon our reasonable request. In addition, You agree to permit Us to audit Your books and records from time to time upon reasonable notice to confirm Your compliance with the terms and conditions of this license agreement. Support and Updates Scalix does not provide support for Scalix 11 Community Edition Preview. If You encounter difficulties in installing or using Scalix 11 Community Edition Preview, We encourage You to visit our user forum at www.scalix.com/community/. However, we may make available to You updates, patches, fixes, or enhancements to Scalix 11 Community Edition Preview, and such updates may alter the functionality of Scalix 11 Community Edition Preview and shall be governed by the terms of this license agreement. Warranty Disclaimer SCALIX PROVIDES SCALIX 11 COMMUNITY EDITION PREVIEW "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND SCALIX AND ITS LICENSORS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. Termination of this License Agreement You may terminate this license agreement, including your rights and obligations contained herein, by uninstalling all instances of Scalix 11 Community Edition Preview and destroying any copy or backup of the software, the downloaded installation package, and any accompanying documentation. We may terminate this license agreement if You breach the terms of this agreement, or in the limited instance that a court of competent jurisdiction determines that Scalix 11 Community Edition Preview infringes the proprietary rights of a third party. Limitation of Liability UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL SCALIX OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM YOUR USE OF SCALIX 11 COMMUNITY EDITION PREVIEW. U.S. Government Usage If this license is acquired under a U.S. Government contract, use, duplication, and disclosure of Scalix 11 Community Edition Preview and any accompanying documentation by the U.S. Government is subject to restrictions set forth in this license agreement, which incorporates all applicable FAR provisions; without limitation, You agree that Scalix 11 Community Edition Preview is delivered as commercial computer software as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a), or as restricted computer software as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever is applicable. If Scalix 11 Community Edition Preview is licensed for use in the performance of a U.S. government prime contract or subcontract, You agree that Scalix 11 Community Edition Preview has been developed entirely at private expense. You agree that Scalix 11 Community Edition Preview is adequately marked when the restricted rights legend below is affixed to software or to its storage media and is perceptible directly or with the aid of a machine or device. You agree to conspicuously put the following legend on the Scalix 11 Community Edition Preview media with your name and address added below the notice: RESTRICTED RIGHTS LEGEND Use, duplication or disclosure is subject to Scalix and its licensors standard commercial license terms and for non-DOD Departments and Agencies of the U.S. Government, the restrictions as set forth in FAR 52.227-19(1-2)(Jun 1987). Scalix Corporation 1400 Fashion Island Blvd. Suite 602 San Mateo, CA 94404 Copyright 2006 Scalix Corporation. All Rights Reserved Additional Required Terms If you export, re-export or import Scalix 11 Community Edition Preview, You assume responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. You shall comply with all applicable export laws, restrictions and regulations in connection with your use of the Scalix 11 Community Edition Preview. This license agreement is personal to you and you shall not assign or transfer the license agreement or the Scalix 11 Community Edition Preview to any third party under any circumstances. This license agreement represents the complete agreement 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 license agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This license agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with this license agreement or Scalix 11 Community Edition Preview will be in San Mateo County, California if in state court, and in the Northern District of California if in Federal Court. Your and our respective rights and obligations under this license agreement shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods You agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this license agreement.