VISTA SOFTWARE LICENSE AND SUPPORT AGREEMENT THIS IS A LEGAL BINDING AGREEMENT. PLEASE READ IT CAREFULLY.

IF YOU DO NOT AGR EE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST DESTROY ALL MATERIALS/SOFTWAR E RECEIVED IMMEDIATELY, OTHERWISE YOU CONSENT TO BE BOUND BY ALL THE TERMS OF TH IS AGREEMENT. CONTACT INFORMATION: VISTA SOFTWARE 8070 LA JOLLA SHORES DRIVE SUITE 506 LA JOLLA, CA 92037 (U.S.A.) VOICE: (858) 922-2268 EMAIL: SALES@VISTASOFTWARE.COM ========================= LICENSE AGREEMENT 1. DEFINITIONS. Software shall be defined as the computer program electronically obtained and/or contained in the disks or CD ROMs in this package, together with any updates su bsequently provided by Vista Software. Server Software shall be defined specific ally as Software that is accessed or connected to by other Software via TCP/IP o r other transport protocols. Server Software includes but is not limited to, Ap ollo Database Server. Documentation shall be defined as all printed materials pr ovided in this package or later supplied by Vista Software. Media shall be defin ed as computer diskettes, CD ROMs and any other such magnetic media containing S oftware. Service shall be defined as any technical or non-technical service prov ided by Vista Software, including but not limited to providing technical support in person, by telelphone, or via any form of electronic correspondence. Copies shall be defined as actual copies of all or any portion of Software and shall in clude updates and backups of Software. Licensee shall be defined as person, corp oration or entity that has purchased Software or Service Developed Software shal l be defined as software programs developed using, and/or containing, and/or dis tributed with, Software by Licensee. User shall be defined as any person that cr eates Developed Software. 2. LICENSE. Vista Software agrees to grant the user a non-exclusive and non-transferable lic ense to use the Software sold to Licensee for an unlimited duration. The rights granted herein are limited to use of the Software, Software Copies and Documenta tion as defined within the Agreement. All rights not specifically granted in thi s Agreement are reserved by Vista Software. 3. PERMITTED USES. The Licensee may use the Software in the following ways: load the Software into RAM and use it on a single work station or terminal; install the Software onto a permanent storage device a hard or fixed disk drive; make copies of the Softwar e for backup purposes only and the Licensee must keep possession of them at all times. The Licensee may freely distribute compiled applications developed using the Software. However, no portion of the uncompiled Software source code nor d ocumentation may be redistributed without prior written consent from Vista Softw are. 4. PROHIBITED USES. The Licensee may not: Share the Software on any computer network including a loc al area network (LAN), Intranet or Internet. Each User of Software must be an or iginal Licensee, i.e. must purchase a separate license to use the Software from

Vista Software; Distribute copies of the Software or Documentation to others; Un der any other circumstances attempt to rewrite, decompile, disassemble or revers e-engineer any of the Software or Software Copies; Reproduce, transfer, transcri be, store in a retrieval system or translate into any language the Documentation in any form by any means without the written consent of the copyright holders. 5. NON COMPETE. Licensee may not use any Software by Vista Software to create products, technolo gies or software applications, in whole or in part, that directly compete with a ny Vista Software product or technology. Competes is defined as creating or dist ributing software or services that provide similiar or same functionality as an y Vista Software Software or technology. Vista Software reserves the right to re voke all rights and license privilegdes of Licensee immediately upon any such in fringement. Upon notice of infringement, Licensee agrees to immediately destroy all copies of Software and remove Software and references to Software from all p roducts, technologies and software applications. 6. SERVER SOFTWARE. Server Software may be used by Licensee and by Licensee applications and softwar e only. Re-distribution and/or use of Server Software by anyone other than Licen see or by any software other than wholly-owned Licensee software and application s, is absolutely forbidden. Forbidden uses include but are not limited to, distr ibuting any form of software that connects to Server Software that is not owned by Licensee. Remedy includes but is not limited to, Licensee purchasing one lice nse of Server Software directly from Vista Software for each infringement within 24 hours of notice based on pricing set forth 30 days prior on Vista Software w ebsite. 7. SUPPORT Vista Software reserves the right to terminate customer support plans without ca use and without warning. Support plans are sold on an as-is basis and all sales are final and non-refundable. Purchasing a support plan does not guarantee Softw are fixes and/or updates. Abuse of support privileges, including, but not limite d to, frequent contact, frivolous contact, rude behavior and/or customer incompe tency, harassment, failure to follow instructions, may result in the immediate t ermination of support plans without refund. 8. LIMITATIONS. This license grants the user limited rights to use the Software, Software Copies and Documentation as expressly provided in this License. Vista Software retains title to all the Software, Software Copies and Documentation. The Licensee agre es to protect the Software, Software Copies and Documentation from unauthorized publication, use, reproduction or distribution. 9. TERM. This License is effective from the date you receive the Software and/or Copies o f the Software and/or Documentation, and continues until you destroy the entire contents of this package and any Software Copies. This license will terminate if the Licensee fails to comply with any term or condition of the Agreement. Upon such breach, Vista Software reserves the right to terminate the license and seek any remedies which may be available to the company. Upon notice of termination, the Licensee will be required to return all copies of the Software and Document ation to Vista Software and is required to recall all Developed Software immedia tely and remove Software from Developed Software contents and/or packaging. In t hese circumstances, the Licensee will not be entitled to a refund of amount paid for the License to use the Software and Documentation, nor will Licensee be ent itled to reimbursement of any costs associated with recalling Developed Software . 10. LIMITED WARRANTY.

All Software and Service Plans are sold on an "as is" basis. Vista Software will not grant refunds of any kind for any reason after purchase. Vista Software s ent ire liability and your exclusive remedy shall be replacement of any defective Me dia provided a copy of your dated receipt or invoice is submitted to Vista Softw are. The remedy includes provisions to grant access to re-download Software from the Internet if the Internet was the only form of Software distribution by Vist a Software to the Licensee. Vista Software shall not be liable to the Licensee o r any other person for any special, consequential, indirect or other similar dam ages or claims including loss of profits or any other commercial damage caused o r imaged to have been caused directly or indirectly by the use of the Software. Vista Software specifically disclaims all other warranties, expressed or implied . Vista Software makes no representations or warranties with respect to the merc hantability or fitness of Software for any particular purpose, business or appli cation. Implied warranties of merchantability are expressly and specifically dis claimed. In no event shall Vista Software have liability for damages to you or a ny other person exceed the price paid for the license to use the Software regard less of the form of any claim. 11. UPDATES AND REVISIONS. Vista Software reserves the right to modify, and/or enhance Software and/or Docu mentation without obligation to notify any person or organization of such change s. 12. ACKNOWLEDGEMENT. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. Furthermore, you agree that this is the comp lete and exclusive statement of agreement between us and supersedes all prior ag reements, verbal or written, any proposals and other communications between us r elating to the subject matter in this Agreement. END OF AGREEMENT. 1999-2003 Vista Software. All rights reserved. All trademarks and registered Trademarks are the property of their respective ow ners.