Legal Notice

Versant Software Evaluation License Agreement

Read carefully before installing or otherwise using the software.

ATTENTION

Use of the Trial Software is subject to the Versant Software Evaluation License Agreement (the 'License Agreement') set forth below between you, the Licensee, and Versant Corporation if you are located in North America, South America and Asia or you and Versant GmbH for all other locations. Both Versant Corporation and Versant GmbH shall be referred to as "Versant" in this Agreement. Click on the "I ACCEPT" box below to indicate your acceptance of these terms. If you do not accept these terms fully, you may not install or otherwise use the software. Notwithstanding anything to the contrary in this notice, unless you have a separate written agreement with Versant for Software use, installing or otherwise using the software indicates you acceptance of these license terms and these terms shall govern your use of such Software.

If you do not agree with these terms Versant may negotiate a signed license agreement with you. You may contact Versant's Legal Department by phone at

+1.650.2322400.

VERSANT SOFTWARE EVALUATION LICENSE AGREEMENT

1. Versant will grant to you, the Licensee, a license to use one copy of the Software and related Documentation ('Software Products') set out in this License Agreement for use only during the sixty (60) day evaluation period set out below and for non-commercial evaluation purposes only. 'Use' means storing, loading, executing or displaying the Software. This license is not assignable and not transferable. You may not copy, modify, merge, sell, network, rent, lease, assign, create derivative works based upon the Software in whole or in part, or transfer in any manner the Software, including the documentation.

2.  Some of the Software Products available pursuant to this Agreement have been further identified as 'Beta Software Products'. Beta Software Products are experimental, potentially incomplete, and/or, may contain bugs or errors. Licensee agrees to promptly report to Versant any bugs or problems encountered with the Beta Software Products, and to provide to Versant in writing any suggestions Licensee may have on how to enhance or improve the Beta Software Products or make them more useable for Licensee's environment. All suggestions supplied by Licensee that relate to the Software Products (including suggestions relating to any Beta versions) shall be deemed to be the property of Versant. Software Products are a trade secret of Versant. Licensee acknowledges that the Software Products are proprietary to, and a valuable trade secret of Versant, and are entrusted to Licensee only for the purposes set forth in this License Agreement.

3. The Evaluation Period shall be a sixty (60) day period, which shall begin the day the Software Products are downloaded by Licensee or delivered to Licensee. At the end of the Evaluation Period, Licensee will immediately return all copies of the Software Products to Versant or destroy the Software, related documentation, and all copies. This requirement applies to copies in all forms, partial and complete, in all types of media and computer memory and whether or not modified or merged into other materials. You may terminate this License Agreement at any time by destroying the Software, related documentation, and all copies thereof. This License Agreement will terminate immediately without notice from Versant if you fail to comply with any provision of the License Agreement, and upon such termination you must destroy the Software, related documentation, and all copies thereof.

4. Licensee agrees not to cause or permit the modification, reverse engineering, disassembly, or decompilation of the Software or otherwise reduce the Software to a human-perceivable form. Licensee agrees that it shall not publish, or permit the publication of, the results of any benchmark tests or other comparative or analytical material which refer to the Software Products as used by Licensee, without Versant's prior written permission. Licensee is prohibited from redistributing any portion of the Software Products, including the documentation in any form of printed or electronic communication including but limited to magnetic media, Internet communication or bulletin boards.

5. You may make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations.

6.  Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. Versant's third party suppliers may protect their rights in the event of any violation of these license terms.

7. The Software Products contain copyrighted material, trade secrets and other valuable proprietary material. The Software Products and their documentation are owned by Versant or its third party suppliers and are protected by the laws of the United States and by laws of other nations, and by international treaties. Licensee agrees to protect the Software Products in a manner consistent with Licensee's own proprietary materials. In addition, Licensee may have access to information that is confidential to Versant ('Confidential Information'). Confidential Information shall include the Software Products and all information marked as confidential. Licensee agrees, both during the term of this Agreement and for a period of five (5) years after termination of the Agreement, to hold Confidential Information in confidence.

8. DISCLAIMER OF WARRANTY ON VERSANT SOFTWARE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND VERSANT AND VERSANT'S LICENSOR(S) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.  VERSANT 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, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, VERSANT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VERSANT OR A VERSANT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT VERSANT OR A VERSANT AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

9.  LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL VERSANT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT OR DATA) OR OTHER DAMAGES, EITHER IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT OR THAT RESULTS FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF VERSANT OR A VERSANT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VERSANT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION.

10. Audit: Upon Versant's reasonable belief that any term of this Agreement has been violated, Licensee agrees to allow an independent third party to inspect Licensee's site, books and records to determine whether Licensee has complied with the terms of this License Agreement. The third party will be chosen by Versant and approved by Licensee, whose approval shall not be unreasonably withheld. The reviews will occur at mutually agreeable times during normal business hours. The third party will be instructed to keep all information learned strictly confidential except as it relates to breaches of this agreement.

11.  If Licensee is any unit or agency of the United States Government, or this license is pursuant to a contract with any such unit or agency, Licensee agrees that the Software Products and their documentation are 'Commercial Computer Software' as defined under DFARS and that the U.S. Government will receive only 'restricted rights' to the Software. You have only those rights provided for such Software and any accompanying documentation by the applicable FAR or DFARS clause or the standard Versant Software License Agreement for the product involved.

12. You agree and certify that neither the Software nor any other technical data received from Versant, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software nor any other technical data received from Versant, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.

13. Licensee agrees that any information provided by Licensee to obtain the Software Products may be used by Versant for its own business purposes. The Software may have been equipped with a disabling device that will prevent its use after the evaluation period has expired.

14. The rights and obligations of the party's under this Agreement shall not be governed by the U N Convention on Contracts for the International Sales of Goods; rather such rights and obligations shall be governed and construed, without reference to conflict of laws principles, (a) under the laws of the State of California, USA, as applied to agreements entered into and being performed entirely within California, between California residents, if with Versant Corporation, or (b) under the laws of Germany, as applied to agreements entered into and being performed entirely within Germany, between German residents, if with Versant GmbH.

15.  If one of the provisions of this Agreement should be, or become invalid, this shall not affect the validity of the remaining provisions. The section in question shall be deemed to be deleted from the License Agreement and the balance of the License Agreement shall remain in full force and effect. Unless you have already entered into a separate written agreement with Versant for Software use, this License constitutes the entire agreement between the parties with respect to the use of the Software and documentation, and supercedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

For evaluation period extensions or for extended Software license rights, please contact your Versant Sales Representative.

Software Evaluation Licensees may be eligible to receive free phone technical support during the evaluation period. For further information please contact your Versant Sales Representative.