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
install (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 THIRTY (30) DAYS FROM YOUR
ACCEPTANCE OF THIS AGREEMENT. On termination,you
must destroy all copies of the Software and
anydocumentation.

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.

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.


