ROYALTY-FREE PUBLIC LICENSE AGREEMENT FOR JTHREADS/C++ SOFTWARE IMPORTANT-READ CAREFULLY: This Object-Oriented Concepts, Inc. Royalty-Free Public License Agreement for ORBacus Software ("License") is a legal agreement between you, the Licensee, (either an individual or a single entity) and Object-Oriented Concepts, Inc. ("OOC") for non-commercially using, copying, distributing and modifying the Software and any work derived from the Software, as defined hereinbelow. Any commercial use is subject to a different license. By using, modifying or distributing the Software or any work derived from the Software, Licensee indicates acceptance of this License, and agrees to be bound by all its terms and conditions for using, copying, distributing or modifying the Software and works derived from the Software. No rights are granted to the Software except as expressly set forth herein. Nothing other than this License grants Licensee permission to use, copy, distribute or modify the Software or any work derived from the Software. Licensee may not use, copy, distribute or modify the Software or any work derived from the Software except as expressly provided under this License. If Licensee does not accept the terms and conditions of this License, do not use, copy, distribute or modify the Software. In consideration for Licensee's forbearance of commercial use of the Software, OOC grants Licensee non-exclusive, royalty-free rights as expressly provided herein. DEFINITIONS. The "Software" is the JThreads/C++ software, including, but not limited to, the JThreads/C++ Libraries, demo programs, associated media and printed materials, and any included "on-line" documentation. A "work derived from the Software" is any derivative work, as defined in 17 U.S.C. paragraph 101, which is derived from the Software, for example, a program which is linked with or otherwise incorporates the JThreads/C++ Libraries, or a translation, improvement, enhancement, extension or other modification of the Software. To "use" means to execute (i.e. run) the Software. To "copy" means to create one or more copies as defined in 17 U.S.C. paragraph 101. To "distribute" means to broadcast, publish, transfer, post, upload, download or otherwise disseminate in any medium to any third party. To "modify" means to create a work derived from the Software. A "commercial use" is: (1) the use of the Software or any work derived from the Software in connection with, for or in aid of the generation of revenue, such as in the conduct of Licensee's daily business operations; or (2) any copying, distribution or modification of the Software or any work derived from the Software to any party where payment or other consideration is made in connection with such copying, distribution or modification, whether directly (as in payment for a copy of the Software) or indirectly (including but not limited to payment for some good or service related to the Software, or payment for some product or service that includes a copy of the Software "without charge"). However, the following actions which involve payment do not in and of themselves constitute a commercial use: (a) posting the Software on a public access information storage and retrieval service for which a fee is received for retrieving information (such as an on-line service), provided that the fee is not content-dependent. Such fees which are not content dependent include, but are not limited to, fees which are based solely on the storage capacity required to store the information, and fees which are based solely on the time required to transfer the information from/to the public access information storage and retrieval service; and (b) distributing the Software on a CD-ROM, provided that the Software is reproduced entirely and verbatim on such CD-ROM, and provided further that all information on such CD-ROM may be distributed in a manner which does not constitute a commercial use. GRANT OF LICENSE. LICENSE TO USE. Licensee may use the Software provided that such use does not constitute a commercial use. LICENSE TO COPY AND DISTRIBUTE. Licensee may copy and distribute literal (i.e., verbatim) copies of the Software as Licensee receives it throughout the world, in any medium, provided that Licensee distributes an unmodified, easily-readable copy of this License with the Software, and provided further that such distribution does not constitute a commercial use. LICENSE TO CREATE WORKS DERIVED FROM THE SOFTWARE. Licensee may create works derived from the Software, provided that any such work derived from the Software carries prominent notices stating both the manner in which Licensee has created a work derived from the Software (for example, notices stating that the work derived from the Software is linked with or otherwise incorporates the JThreads/C++ Libraries, or notices stating that the work derived from the Software is an enhancement to the Software which Licensee has created) and the date any such work derived from the Software was created. LICENSE TO COPY AND DISTRIBUTE WORKS DERIVED FROM THE SOFTWARE. Licensee may copy and distribute works derived from the Software throughout the world, provided that Licensee distributes an unmodified, easily-readable copy of this License with such works derived from the Software, and provided further that such distribution does not constitute a commercial use. Licensee must cause any work derived from the Software that Licensee distributes to be licensed as a whole and at no charge to all third parties under the terms of this License. Any work derived from the Software must be accompanied by the complete corresponding machine-readable source code of such work derived from the Software, delivered on a medium customarily used for software interchange. The source code for the work derived from the Software means the preferred form of the work derived from the Software for making modifications to it. For an executable work derived from the Software, complete source code means all of the source code for all modules of the work derived from the Software, all associated interface definition files and all scripts used to control compilation and installation of all or any part of the work derived from the Software. However, the source code delivered need not include anything that is normally distributed, in either source code or binary (object-code) form, with major components (including but not limited to compilers, linkers and kernels) of the operating system on which the executable work derived from the Software runs, unless that component itself accompanies the executable code of the work derived from the Software; Furthermore, if the executable code or object code of the work derived from the Software may be copied from a designated place, and if the source code of the work derived from the Software may be copied from the same place, then the work derived from the Software shall be construed as accompanied by the complete corresponding machine-readable source code of such work derived from the Software, even though third parties are not compelled to copy the source code along with the executable code or object code. If the work derived from the Software normally reads commands interactively when run, Licensee must cause the work derived from the Software, at each time it commences operation, to print or display an announcement including an appropriate copyright notice and either a notice consisting of the verbatim warranty and liability provisions of this License, or a notice that Licensee, and not OOC provides a warranty. Such notice must also state that users may distribute the Software and/or the work derived from the Software only under the conditions of this License, and must further state how to view the copy of this License included with the work derived from the Software. Licensee may not impose any further restrictions on the exercise of the rights granted herein by any recipient of any work derived from the Software. RESTRICTIONS. Licensee acknowledges that the Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. All title and copyrights in and to the Software, including but not limited to any images, photographs, databases, animations, video, text and "applets" incorporated into the Software, the accompanying printed materials, and any copies of the Software, are owned exclusively by OOC. Licensee may not sublicense, assign or transfer this License, the Software or any work derived from the Software except as permitted by this License. If Licensee distributes any written or printed material at all with the Software or any work derived from the Software, such material must include either (a) a written copy of this License, or (b) a prominent written indication that the Software or work derived from the Software is covered by this License, and also written instructions for printing and/or displaying the copy of this License which is provided on the distribution medium. If using, copying, distributing and/or modifying the Software is restricted in certain countries for any reason, OOC may in the future add an explicit geographical distribution limitation excluding those countries, so that using, copying, distributing and/or modifying is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. LICENSE TO WORKS DERIVED FROM THE SOFTWARE. Licensee hereby grants to OOC a non-exclusive, non-transferable, royalty-free right to use, copy, distribute and modify, with the right to sublicense at any tier, any and all works derived from the Software that Licensee creates, provided such works derived from the Software are distributed to OOC by Licensee, and further provided that, if such works derived from the Software comprise a program which is linked with or otherwise incorporates the JThreads/C++ Libraries, such works derived from the Software would constitute works derived from the Software independent of a program which is linked with or otherwise incorporates the JThreads/C++ Libraries, for example, a "bug fix" of the Software. LIMITED WARRANTY. NO WARRANTIES. OOC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NO LIABILITY FOR DAMAGES. IN NO EVENT WILL OOC, OR ANY OTHER PARTY WHO MAY COPY, DISTRIBUTE OR MODIFY THE SOFTWARE AS PERMITTED HEREIN, BE LIABLE FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, INACCURATE INFORMATION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF OOC OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights 48 C.F.R. paragraph 52.227-19, as applicable. Manufacturer is Object-Oriented Concepts, Inc./44 Manning Road/Billerica, MA 01821 TERMINATION. Any violation or any attempt to violate any of the terms and conditions of this License will automatically terminate Licensee's rights under this License. Licensee further agrees upon such termination to cease any and all using, copying, distributing and modifying of the Software and any work derived from the Software, and further to destroy any and all of Licensee's copies of the Software and any work derived from the Software. However, parties who have received copies of the Software or copies of any work derived from the Software, or rights, from Licensee under this License will not have their licenses terminated so long as such parties remain in full compliance with this License. LICENSE SCOPE AND MODIFICATION. This License sets forth the entire agreement between Licensee and OOC and supersedes all prior agreements and understandings between the parties relating to the subject matter hereof. None of the terms of this License may be waived or modified except as expressly agreed in writing by both Licensee and OOC. SEVERABILITY. Should any provision of this License be declared void or unenforceable, the validity of the remaining provisions shall not be affected thereby. GOVERNING LAWS. This License is governed by the laws of the Commonwealth of Massachusetts, U.S.A., and shall be interpreted in accordance with and governed by the laws thereof. Licensee hereby waives any and all right to assert a defense based on jurisdiction and venue for any action stemming from this License brought in U.S. District Court for the District of Massachusetts. Should Licensee have any questions concerning this License, or if Licensee desires to contact Object-Oriented Concepts, Inc. for any reason, please contact Object-Oriented Concepts, Inc. at: Object-Oriented Concepts, Inc. 44 Manning Road Billerica, MA 01821