EVALUATION LICENSE AGREEMENT

BY CLICKING ON THE ACCEPT BUTTON, YOU ARE CONSENTING TO
BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
OF THE TERMS OF THIS AGREEMENT, CLICK THE DO NOT ACCEPT
BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.

This Evaluation License Agreement ("Agreement") applies
to the computer files you have selected to download
(the "Software") and your use of the Software only for
evaluation purposes.  If you wish to purchase a license
for any other use, contact Marimba, Inc. ("Marimba") on
the Internet at http://www.marimba.com.

GRANT. Provided that you fully comply with the terms
and conditions set forth below, Marimba hereby grants
you (and only you) a personal, non-sublicensable,
non-exclusive license to use the Software free of
charge without modification only for your internal
testing and experimental use on behalf of Marimba.
This license does not entitle you to any hard-copy
documentation, support or telephone assistance.  You
shall only use the Software on any single computer and
only copy the Software for archival purposes and only
if such copy contains all of the original Software's
proprietary notices.  You shall not (and you shall not
permit others to): (i) transfer or use the Software
except as expressly and unambiguously permitted in this
Agreement; (ii) remove any proprietary notices or
labels on the Software; or (iii) reverse assemble,
reverse compile or reverse engineer the Software.

TERMINATION.  The license will terminate automatically
if you fail to comply with the limitations described
above or upon written notice (which may be sent by
e-mail) from Marimba, and, in any case, THIS LICENSE
WILL TERMINATE ON FEBRUARY 28, 1997. On termination,
you must destroy all copies of the Software and any
documentation.

DISCLAIMER OF WARRANTY.  Since the Software is provided
free of charge, the Software is provided AS IS, WITHOUT
WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY
YOU.  SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND NOT
MARIMBA ASSUMES THE ENTIRE COST OF ANY SERVICE AND
REPAIR.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT
ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY
JURISDICTION.

WARNING.  THE SOFTWARE CONTAINS A ROUTINE THAT WILL
CAUSE THE SOFTWARE TO CEASE PROPER FUNCTIONING AFTER A
CERTAIN PERIOD OF TIME.  THIS MAY OCCUR BEFORE OR AFTER
TERMINATION OF THE LICENSE, SO YOU MUST BE PREPARED FOR
TERMINATION OF THE PROGRAM AT ALL TIMES AND MAY NOT
RELY ON THE SOFTWARE.

TITLE. Title, ownership rights, and intellectual
property rights in and to the Software shall remain in
Marimba and/or its suppliers. The Software is protected
by the copyright laws of the United States and
international copyright treaties.  Title, ownership
rights, and intellectual property rights in and to the
content accessed through the Software is the property
of the applicable content owner and may be protected by
applicable copyright or other law.  This license gives
you no rights to such content.

LIMITATION ON LIABILITY.  UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL MARIMBA OR ITS SUPPLIERS OR RESELLERS BE LIABLE
TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF MARIMBA SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM BY
ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY
TO YOU.

MISCELLANEOUS. This 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
Agreement is held to be unenforceable for any reason,
such provision shall be reformed only to the extent
necessary to make it enforceable.  This 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, except as governed by Federal law.  In any
action to enforce this Agreement the prevailing party
will be entitled to costs and reasonable attorneys'
fees.  The application the United Nations Convention of
Contracts for the International Sale of Goods is
expressly excluded.

Bongo, Castanet and related products are owned and
licensed exclusively by Marimba, Inc.

Copyright (C) 1996 Marimba Inc. All rights reserved.
Java(tm) is a trademark of Sun Microsystems Inc.

