BETA TEST AGREEMENT This Beta Test Agreement (the "Agreement") between you and Laszlo Systems, Inc. ("Laszlo") sets forth the terms and conditions governing your access to and use of the Software for the sole purpose of beta testing the Software. The Laszlo Presentation Server software and related documentation and materials, described more extensively in Exhibit A of this Agreement which is incorporated herein by reference, and any Updates (defined herein) provided pursuant to Section 2 (Updates) are collectively referred to herein as the "Software." 1. License Grant. Subject to all the terms and conditions of this Agreement, Laszlo grants you a personal, royalty-free, non-sublicensable, nontransferable, nonexclusive license to install and use the Software in the manner specified in the related documentation supplied by Laszlo only for your internal testing and evaluation purposes only during the Term (defined herein). You agree to use the Software only in the ordinary course of testing, and not to reproduce, distribute, sell, resell, bundle, deploy, publicly display, modify, or make available to any third party the Software or any portion thereof or any documentation or materials related thereto. Except to the extent that the following restriction is prohibited by applicable law, if any, you shall not reverse assemble, reverse compile or reverse engineer any software source code or other components of the Software or otherwise attempt to discover any underlying Proprietary Information (defined herein). BETA TEST AGREEMENT This Beta Test Agreement (the "Agreement") between you and Laszlo Systems, Inc. ("Laszlo") sets forth the terms and conditions governing your access to and use of the Software for the sole purpose of beta testing the Software. The Laszlo Presentation Server software and related documentation and materials, described more extensively in Exhibit A of this Agreement which is incorporated herein by reference, and any Updates (defined herein) provided pursuant to Section 2 (Updates) are collectively referred to herein as the "Software." 1. License Grant. Subject to all the terms and conditions of this Agreement, Laszlo grants you a personal, royalty-free, non-sublicensable, nontransferable, nonexclusive license to install and use the Software in the manner specified in the related documentation supplied by Laszlo only for your internal testing and evaluation purposes only during the Term (defined herein). You agree to use the Software only in the ordinary course of testing, and not to reproduce, distribute, sell, resell, bundle, deploy, publicly display, modify, or make available to any third party the Software or any portion thereof or any documentation or materials related thereto. Except to the extent that the following restriction is prohibited by applicable law, if any, you shall not reverse assemble, reverse compile or reverse engineer any software source code or other components of the Software or otherwise attempt to discover any underlying Proprietary Information (defined herein). BETA TEST AGREEMENT This Beta Test Agreement (the "Agreement") between you and Laszlo Systems, Inc. ("Laszlo") sets forth the terms and conditions governing your access to and use of the Software for the sole purpose of beta testing the Software. The Laszlo Presentation Server software and related documentation and materials, described more extensively in Exhibit A of this Agreement which is incorporated herein by reference, and any Updates (defined herein) provided pursuant to Section 2 (Updates) are collectively referred to herein as the "Software." 1. License Grant. Subject to all the terms and conditions of this Agreement, Laszlo grants you a personal, royalty-free, non-sublicensable, nontransferable, nonexclusive license to install and use the Software in the manner specified in the related documentation supplied by Laszlo only for your internal testing and evaluation purposes only during the Term (defined herein). You agree to use the Software only in the ordinary course of testing, and not to reproduce, distribute, sell, resell, bundle, deploy, publicly display, modify, or make available to any third party the Software or any portion thereof or any documentation or materials related thereto. Except to the extent that the following restriction is prohibited by applicable law, if any, you shall not reverse assemble, reverse compile or reverse engineer any software source code or other components of the Software or otherwise attempt to discover any underlying Proprietary Information (defined herein). 2. Updates. In its sole discretion, Laszlo may provide you with access to updated versions of the Software ("Updates"). If Laszlo provides you with access to Updates via an authorized password, you acknowledge and agree that you are solely responsible for strictly maintaining the confidentiality and integrity of any passwords provided to you by Laszlo for such Updates. 3. Ownership. Except as expressly licensed in Section 1 (License Grant) above, you acknowledge and agree that Laszlo owns all right, title and interest in and to the Software, Proprietary Information and any intellectual property rights inherent therein or related thereto. The Software is and contains trade secrets, proprietary rights and other intellectual property of Laszlo. You do not acquire title to the Software or any intellectual property or other rights related thereto except for the limited evaluation license granted hereunder. 4. Confidentiality. You shall maintain the confidentiality of the Software and shall not disclose any aspect of the Software or any aspect of the testing or evaluation performed by you under this Agreement. You acknowledge that, in the course of using the Software and performing the duties under this Agreement, you may obtain, become exposed to, or develop information including, but not limited to, technology, software code, know-how, ideas, testing procedures, structure, interfaces, documentation, problem reports, development schedule, analysis and performance information, and other technical, business, software, marketing and financial information, plans and data relating to the Software or Laszlo ("Proprietary Information"). During and after the Term, you shall hold in confidence and protect, and shall not use (except as expressly authorized by this Agreement) or disclose, Proprietary Information unless such Proprietary Information becomes part of the public domain without breach of this Agreement by you, your officers, directors, employees or agents. You shall limit access to the Software to your employees and consultants having a need for such access and who enter into written confidentially obligations at least as protective of Laszlo as those set forth in this Agreement. 5. Equitable Relief. You acknowledge and agree that due to the unique nature of Laszlo's Proprietary Information, there can be no adequate remedy at law for any breach of your obligations hereunder, that any such breach may allow you or third parties to unfairly compete with Laszlo resulting in irreparable harm to Laszlo, and therefore, that upon any such breach or threat thereof, Laszlo shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law. 6. Dangerous Applications. The Software is not intended for use in any nuclear, aviation, mass transit, medical or life support application or in any other inherently dangerous application. You are responsible for taking all appropriate measures to ensure the safe use of the Software if used for such purposes, and Laszlo shall not be liable for any claims or damages arising from such use. 7. Evaluation. You agree to submit, during the Term, periodic written reports ("Reports") to Laszlo. Such Reports shall specify (a) all errors, bugs, crashes, failures, unexpected results and other problems encountered with the Software and any resolutions or workarounds therefore, (b) any other information or feedback concerning your use, testing and evaluation of the Software, and (c) any and all modifications, design changes, features or improvements to the Software suggested by you, your officers, directors, employees or agents (collectively (a) - (c), the "Results"). The Results, including without limitation the Reports, shall be deemed Proprietary Information of Laszlo and you agree that Laszlo shall have, and you hereby assign to Laszlo, any and all right, title and interest in and to any such Results and Reports, without the payment of any additional consideration therefore, and Laszlo shall have the right to use, in any manner and for any purpose whatsoever, the Results, Reports and any other information provided by you hereunder whether during or after the Term. You agree to perform all acts reasonably requested by Laszlo to enable Laszlo to perfect and enforce such rights. 8. No Training or Support. You acknowledge and agree that Laszlo shall have no obligation under this Agreement to provide any training or to correct any bugs, defects or errors or to otherwise support, develop or maintain the Software. 9. No Commercial Assurances. While Laszlo intends to commercially release a version of the Software, Laszlo reserves the right at any time not to release a version of the Software or, even if released, to alter features, specifications, capabilities, functions or other characteristics of the Software. Nothing herein shall (a) obligate either party to proceed with any other transaction between them, including without limitation licensing of any such commercial version of the Software, or (b) be construed as permitting you to rely in any way on the continued use of the software or any further development or commercial release thereof. 10. Taxes. Laszlo will not charge you for the Software. However, you will be responsible for payment of all taxes or any other duties, charges or fees payable or due upon import of the Software in the country or countries to which such Software is delivered. 11. Warranty Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS EXPERIMENTAL AND MAY NOT FUNCTION CORRECTLY OR AT ALL ON YOUR COMPUTER OR IN ANY ENVIRONMENT AND IS THEREFORE PROVIDED "AS-IS" AND AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LASZLO AND ITS THIRD PARTY LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LASZLO AND ITS THIRD PARTY LICENSORS MAKE NO WARRANTY TO ANY PERSON RELATING TO THE SOFTWARE, ITS USE OR ANY INABILITY TO USE THE SOFTWARE, THE RESULTS OF ITS USE, THAT THE SOFTWARE WILL BE ERROR-FREE, THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE WILL EVER BE COMPLETED OR COMMERCIALLY AVAILABLE.