FINJAN SOFTWARE LTD. LICENSE AGREEMENT BEFORE YOU CLICK ON THE "YES" BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON AND DO NOT USE THE SOFTWARE. 1. Finjan grants to you a non-exclusive, non-sublicensable, license to use SurfinGate 1.0, in binary executable form for evaluation and trial use purposes only for a period of 30 days. 2. GRANT OF LICENSE - This Finjan License Agreement ("License") permits you to use one copy of SurfinCheck 1.0 ("SOFTWARE") acquired with this License, which may serve as a server for up to 10 computers (each, a "Seat"). A computer serves as a Seat when it accesses or utilizes, directly or indirectly, the SOFTWARE. Use of software or hardware which reduces the number of computers directly accessing or utilizing the SOFTWARE (also known as "pooling" or "multiplexing") will not reduce the number of Seats, since each computer indirectly accessing or utilizing the SOFTWARE is still considered a Seat. 3. COPYRIGHT - The SOFTWARE is owned by Finjan Software Ltd. or its suppliers and is protected by Israeli copyright laws, international treaty provisions and all other applicable national laws. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book or musical recording), except that if the SOFTWARE is not copy protected, you may make one copy of the SOFTWARE solely for backup or archival purposes, provided any copy must contain all of the original SOFTWARE'S proprietary notices. You may not copy the Product manual(s) or written materials accompanying the SOFTWARE. If you receive your first copy of the SOFTWARE electronically, and a second copy on media, the second copy may be used for archival purposes only. The license does not grant you any right to any enhancement or update. 4. RESTRICTIONS - You may not rent or lease the SOFTWARE, and may not transfer your rights under this License Agreement, without obtaining the prior written consent of Finjan. You may not reverse, engineer, decompile or disassemble the SOFTWARE. You may not integrate, incorporate or bundle the SOFTWARE into any other software or include such SOFTWARE in other software or hardware without receiving the prior written consent of Finjan. You acknowledge that the SOFTWARE in source code form remains a confidential trade secret of Finjan and/or its suppliers. 5. RELEASE - While Finjan intends to distribute a commercial release of the Software, Finjan reserves the right at any time not to release a commercial release of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. 6. TERM - You may terminate your License and this Agreement at anytime by destroying all copies of the Product and Product documentation. 7. TERMINATION - This license will terminate automatically upon the earlier of (i) thirty days from the day you accept the terms of this license as aforesaid, or (ii) upon your failure to comply with the limitations described above. On termination, you must destroy all copies of the SOFTWARE. 8. NOTE ON JAVA SUPPORT - The product contains support for programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage ("high risk activities"). Furthermore, the product does not provide complete protection against harmful Java applications nor against Java Applets. THE USER IS EXPLICITLY WARNED THAT THE SECURITY ENHANCEMENT FEATURES OF THE PRODUCT DO NOT PROVIDE TOTAL PROTECTION AGAINST DAMAGING JAVA ROUTINES. 9. 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 in 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. NO WARRANTY NO WARRANTIES - SOFTWARE IS PROVIDED "AS IS". FINJAN DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE. ADDITIONALLY, FINJAN DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The SOFTWARE is being provided for purposes of a beta evaluation by the user. SOFTWARE IS PROVIDED IN AN EXPERIMENTAL, NON-FINAL VERSION ONLY, AND MAY CONTAIN BUGS, ERRORS OR OTHER MALFUNCTIONS, FOR WHICH FINJAN DISCLAIMS ALL LIABILITY. NO LIABILITY FOR CONSEQUENTIAL DAMAGES - IN NO EVENT SHALL FINJAN OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS FINJAN PRODUCT, EVEN IF FINJAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This license gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. This Agreement is governed by the laws of the State of Israel. Should you have any questions concerning this Agreement, or if you desire to contact Finjan for any reason, please contact the Finjan Software Ltd. affiliate serving your country or write: Finjan Software Ltd., Citco Building, Giborei Israel Street, Industrial Area, South Netanya, Israel, 42504.