INTLAND SOFTWARE LICENSE AGREEMENT FOR
CODEBEAMER MANAGED REPOSITORIES SERVER AND CLIENT

Revisited 19 October 2009


PLEASE READ THIS DOCUMENT CAREFULLY DOWNLOADING CODEBEAMER MANAGED REPOSITORIES
SERVER FROM THE INTLAND WEB SITE, OR INSTALLING THE PROGRAM ON YOUR COMPUTER. THE
INDIVIDUAL OR ENTITY INSTALLING THE SOFTWARE (THE "END USER") AGREES TO BE
BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,
DO NOT USE THE SOFTWARE.

CodeBeamer Managed Repositories ("Software") and the accompanying documentation are provided to the
End-User ("Licensor") for use only under the following terms.  Licensor reserves any right not
expressly granted to the End-user.  The End-User owns the disk, or the downloaded product on which
the Software is recorded, but Licensor retains ownership of all copies of the Software itself.
The End-User assumes sole responsibility for the installation, use and results obtained from use
of the Software.

1. Software License.

Intland grants you a nonexclusive, nontransferable limited license to use Software.

2.  Restrictions Limitations on Reverse Engineering.
The Licensor may NOT sublicense, assign, or distribute copies of the Software to others.  The
Software contains trade secrets.

a) Limitations on Reverse Engineering, Decompilation. The Licensor MAY NOT DECOMPILE,
REVERSE ENGINEER or TRANSLATE the Software.

b) No copies or modifications. Except with respect to permitted modification, customization and
distribution of the samples provided with the distribution kit, the Software may not be modified
in any way.

c) No Rental. This Agreement does not authorize Licensee to act as a Software
Service Provider or commercial hoster, or otherwise allow Licensee to rent, lease
or provide access to Software to third parties for their benefit.

3.  END-User obligations and Security.
The End-User agrees to use all reasonable efforts to safeguard the Software to ensure that no
unauthorized person shall have access thereto and that no unauthorized copy, publication,
disclosure or distribution in whole or in part, in any form, shall be made.  The End-User
acknowledges that the Software contains valuable confidential information and trade secrets
and that unauthorized use and/or copying is harmful to Licensor. End-User must keep the
'Powered by codeBeamer' text included on all footer text on every web page that is using
functionality provided by the Software in the following format: "Powered by codeBeamer", which
must include in all cases a hyperlink to http://www.intland.com.

4.  Termination.
This License is effective until terminated.  This License will terminate immediately without
notice from Licensor if you materially breach it or take any action in derogation
of Intland's and/or its licensors' rights to Software. Upon termination
the End User must destroy the Software and all copies thereof, and the End-User may
terminate this License at any time by doing so.

5.  Limited Warranty.

Software is provided "AS IS" without any Warranty.

No oral or written information or advice given by Licensor or its dealers, distributors, employees
or agents shall in any way extend, modify or add to the foregoing warranty.

THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.  THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND
PERFORMANCE OF THE SOFTWARE.  IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS,
OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY
CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS,
EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR
ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE
LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO
LICENSOR FOR THE LICENSE OF THE SOFTWARE.

IN NO EVENT SHALL LICENSOR'S OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR
AFFILIATES TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER
THESE TERMS OF SERVICE OR OTHERWISE EXCEED THE AMOUNT ORIGINALLY PAID TO
LICENSOR FOR THE LICENSE OR SERVICE.

6.	Intellectual property indemnity.
Subject to the Intellectual Property Indemnity Limitations Section below, Licensor will defend, at
its own expense, any claim, suit or proceeding brought against End-User to the extent it is
based upon a claim that Licensed Program ("Indemnified Product") obtained pursuant to this
Agreement infringes upon any patent, or copyright, or misappropriates a trade secret of any
third party ("Claim"). End-User shall: (1) promptly notify Licensor in writing of any such Claim;
(2) give Licensor full information and assistance in connection therewith; and (3) give Licensor
the sole right to control the defence of any such Claim and the sole right to settle or
compromise any such Claim. Licensor will pay all damages, costs, and expenses finally
awarded to third parties against End-User in such action or agreed to in settlement by Licensor.
If a Licensed Program is, or in Licensor's opinion might be, held to infringe or misappropriate as
set forth above, Licensor may, at its option and expense replace or modify such Licensed
Program with a program substantially similar in functionality so as to avoid infringement or
misappropriation, or procure the right for End-User to continue the use of such Licensed
Program. If neither of such alternatives are, in Licensor's opinion, commercially reasonable,
such Licensed Program shall be returned to Licensor, and Licensor shall refund the fees paid
by End-User to Licensor for such Licensed Program, as limited by the next sentence. The
refund for a Licensed Program that has a perpetual license shall be based on a five year
straight line depreciation, and the refund for term licenses shall be the prorated unused portion
of prepaid fees for such term licenses. TO THE FULL EXTENT PERMITTED BY LAW, THE
FOREGOING STATES THE ENTIRE LIABILITY OF LICENSOR TO END-USER CONCERNING
INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS,
INCLUDING BUT NOT LIMITED TO PATENT, COPYRIGHT, TRADEMARK, AND TRADE
SECRET RIGHTS, AND IS IN LIEU OF AND REPLACES ANY AND ALL OTHER EXPRESS,
IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS REGARDING INFRINGEMENT OR
MISAPPROPRIATION.

Intellectual Property Indemnity Limitations.
Licensor will have no liability for, and no obligation to defend End-User against any claim of
infringement to the extent such claim is based on: (a) use of an Indemnified Product outside the
scope of this Agreement; (b) use of a superseded or altered release of an Indemnified Product;
(c) the combination, operation, or use of an Indemnified Product with software, hardware or
other materials not specified in the Documentation; (d) any modification of the Indemnified
Product not made or authorized in writing by Licensor; or (e) End-User use of the Indemnified
Product after Licensor's notice to End-User that it shall cease use of the Indemnified Product
due to such claim. The above exclusions apply to the extent that the infringement would have
been avoided but for such improper use.

7.  General.
This License will be governed by and construed in accordance with the laws of the Federal
Republic of Germany, and shall insure to the benefit of Licensor and End-User and their
successors, assigns and legal representatives.

Any notices or other communications to be sent to Licensor must be mailed first class,
postage prepaid, to Intland. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and all prior proposals, agreements,
representations, statements and undertakings are hereby expressly canceled and superseded.

This Agreement may not be changed or amended except by a written instrument executed by a
duly authorized officer of Licensor.

8. NOTICE.
CodeBeamer Managed Repositories, CodeBeamer MR and Intland are trademarks of Intland Software GmbH.

The Software is available for use by end users according to the License Agreement. Any
reproduction or redistribution of the Software not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT