AJUBA SOLUTIONS 
TCLPRO SOFTWARE LICENSE AGREEMENT

BY CLICKING ON THE ?ACCEPT BUTTON,? INSTALLING, OR OTHERWISE USING THE TCLPRO SOFTWARE (AS 
DEFINED BELOW), OR BY OPENING THIS PACKAGE, YOU (THE INDIVIDUAL INSTALLING THE TCLPRO SOFTWARE 
AND ANY LEGAL ENTITY ON WHOSE BEHALF YOU ARE ACTING AND ANY USER OR LICENSEE OF THIS TCLPRO 
SOFTWARE) (?YOU?) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (?AGREEMENT?) AND 
REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE LICENSEE OF THIS TCLPRO 
SOFTWARE AND SUCH LICENSEE IS CONSENTING TO BE BOUND BY, AND IS BECOMING A PARTY TO THIS 
AGREEMENT.  

IF YOU DO NOT AGREE WITH SUCH TERMS, YOU SHALL NOT USE OR ACCESS IN ANY MANNER THE TCLPRO 
SOFTWARE, AND YOU SHALL (A) RETURN THIS TCLPRO SOFTWARE (WITH THE ENVELOPE STILL SEALED), ALL 
DOCUMENTATION, AND PROOF OF PAYMENT, TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND WITHIN 
30 DAYS OF FIRST ACQUIRING THIS TCLPRO SOFTWARE OR (B) CLICK THE ?CANCEL? BUTTON AND THE 
INSTALLATION PROCESS WILL NOT CONTINUE.  

WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT.  IF 
YOU HAVE ORDERED THIS TCLPRO SOFTWARE, ACCEPTANCE BY AJUBA SOLUTIONS (?AJUBA?) IS 
EXPRESSLY CONDITIONAL ON YOUR ASSENT TO THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS 
(EXCEPT NON-PREPRINTED QUANTITY, PRICE, PAYMENT AND LICENSE RESTRICTION TERMS); IF THESE TERMS 
ARE CONSIDERED AN OFFER BY AJUBA, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.  THERE 
SHALL BE NO FORCE OR EFFECT TO ANY DIFFERENT TERMS OF ANY RELATED PURCHASE ORDER OR SIMILAR 
FORM PROVIDED BY YOU EVEN IF SIGNED BY THE PARTIES AFTER THE DATE HEREOF.  YOU ARE RESPONSIBLE 
FOR ALL TAXES RELATING TO TCLPRO SOFTWARE.  

1. Definitions
(a) ?Developer? means either: (i) you, or (ii) your employee 
or designated agent who is authorized by Ajuba to use the 
TclPro Software.  
(b) ?Authorized Number? means the number of licenses that 
you paid for and that Ajuba has authorized.  
(c) ?TclPro Software? means the TclPro Tools, TclPro 
Open Source and Free Binaries and any related documentation 
provided by Ajuba.  
(d) ?TclPro Tools? means the TclPro tools and associated 
files in object code form.  
(e) ?TclPro Open Source? means the Tcl and Tk core 
libraries, and TclX, Expect, incr Tcl, incr Tk, and incr Widget. 
(f) ?TclPro Open Source License Agreement? means the 
agreement as set forth in Exhibit A of this Agreement.
(g) ?Free Binaries? means the protclsh, prowish, tbcload, 
lipwrapper in object code form.  
2. License 
(a) Subject to the terms and conditions of this Agreement, 
Ajuba grants you a limited, nonexclusive, nonsublicensable, 
nontransferable license (?License?) under Ajuba? intellectual 
property rights to: (i) install and use the TclPro Software only 
for your internal business purposes, only in accordance with the 
applicable user documentation provided by Ajuba and subject 
to either Section 2(a) or 2(b) below, as applicable and (ii) 
distribute only the Free Binaries in object code form provided 
that you comply with Section 2(e) of this Agreement and all the 
other terms and conditions herein.        
(b) If you purchased a Shared Network License, then the 
terms of this Section 2(b) shall also apply.  You shall allow no 
more than the number of Developers up to the Authorized 
Number to concurrently use the TclPro Software.  
(c) If you purchased a Named User License, then the terms 
of this Section 2(c) shall also apply.  ?Your Named User? shall 
mean your employee or agent whom you have designated as the 
sole user of the TclPro Software.  At the time that you install 
this TclPro Software, you shall designate and identify an 
employee or agent of yours as Your Named User.  The License 
is granted only to Your Named User, and no License or rights 
under this Agreement is granted to any persons or entities other 
than Your Named User.  You may not designate a different 
person as Your Named User unless Your Named User no longer 
works for you or Your Named User?s work responsibilities 
materially change.  You shall ensure that the TclPro Software 
shall be used directly or indirectly only by Your Named User.  
(d) If you have not paid for this copy of the TclPro Software 
by purchasing either a Named User License or a Shared 
Network License, then the terms under this Section 2(d) shall 
also apply and this Section 2(d) limits the License and does not 
change or supersede any term of the Agreement except to the 
extent unambiguously inconsistent therewith.  The TclPro 
Software is provided only for, and the License is granted only 
for your internal evaluation of the TclPro Software and not for 
any productive or commercial use or distribution.  You will 
make no other use of the TclPro Software or any part thereof, 
whether or not incorporated into or with any other software.  For 
the avoidance of doubt, you shall not distribute files that have 
been compiled with TclPro Compiler or files that have been 
wrapped with TclPro Wrapper.  Unless earlier terminated as 
provided in the Agreement, this Agreement, the License and all 
your rights hereunder will terminate fifteen (15) days from the 
date Ajuba issued your license key.  In addition to 
termination and any other remedies Ajuba may have or 
exercise, if you breach any of the terms of this Agreement, you 
shall promptly pay Ajuba the applicable list price or fee for 
each unauthorized use of the TclPro Software.  WARNING: 
THE EVALUATION COPY OF THE TCLPRO SOFTWARE 
CONTAINS A ROUTINE THAT WILL CAUSE THE 
TCLPRO SOFTWARE OR A PORTION THEREOF TO 
CEASE PROPER FUNCTIONING AFTER A CERTAIN 
PERIOD OF TIME. THIS MAY OCCUR BEFORE OR 
AFTER TERMINATION OF THE LICENSE, SO YOU MUST 
BE PREPARED AT ALL TIMES AND MAY NOT RELY ON 
THE TCLPRO SOFTWARE.  NOTWITHSTANDING 
ANYTHING TO THE CONTRARY, TCLPRO SOFTWARE IS 
PROVIDED ?AS IS? AND AJUBA PROVIDES NO 
WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, 
WITH RESPECT TO THE TCLPRO SOFTWARE OR THE 
USE OR FUNCTIONING THEREOF (INCLUDING 
WITHOUT LIMITATION WARRANTIES OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR 
PURPOSE AND NON-INFRINGEMENT) AND WILL HAVE 
NO LIABILITY WHATSOEVER IN CONNECTION WITH 
THE TCLPRO SOFTWARE OR THE USE OR 
FUNCTIONING THEREOF OR LOSS OF DATA 
RESULTING THEREFROM.    
(e) Notwithstanding anything to the contrary, if you have 
not paid for this copy of the TclPro Software by purchasing 
either a Named User License or a Shared Network License, you 
shall not have any rights under this Section 2(e) and it shall not 
apply to you.  If you distribute the Free Binaries, you shall: (i) 
distribute the Free Binaries in unmodified form only and only 
integrally incorporated into and for use only with your software 
product which adds significant and primary functionality to the 
Free Binaries; (ii) not use Ajuba? name, logo or trademarks or 
anything related to Ajuba to market such software product 
without the prior written consent of Ajuba; (iii) include 
Ajuba? copyright and other proprietary notices on such 
software product; (iv) indemnify, hold harmless and defend 
Ajuba and its officers, directors, shareholders, agents and 
employees from all damages, settlements, attorneys? fees and 
expenses related to the use or distribution of such software 
product and/or the Free Binaries; (v) distribute such software 
product incorporating Free Binaries only (1) pursuant to an 
enforceable written agreement (?End User Agreement?) for 
Ajuba? benefit signed by the end user that is at least as 
protective of Ajuba and its rights as this Agreement or a 
written shrink-wrap or ?click-on? version of the foregoing 
(where enforceable), the terms of which shall include, but are 
not limited to, provisions prohibiting (aa) reverse engineering, 
decompilation or disassembly; (bb) distribution of the Free 
Binaries by your end user; and (cc) use of the Free Binaries 
other than with such software product, and (2) in jurisdictions 
where the terms of this Agreement and the terms and form of 
the End User Agreement are enforceable.  Upon Ajuba? 
request, you shall provide a copy of the form of such End User 
Agreement, and shall make any changes to such End User 
Agreement as reasonable requested by Ajuba.  You agree not 
to rent or lease the Free Binaries.  You agree not to use the Free 
Binaries for any third party on a service basis.  You may use 
subdistributors to distribute the Free Binaries incorporated into 
your software product as provided above only, provided that any 
such subdistributor shall be bound by an enforceable writing for 
Ajuba? benefit to all the limitations and restrictions of this 
Agreement.  For the avoidance of doubt, except for your 
software product as provided above, such subdistributors shall 
not distribute the Free Binaries with anything else, including but 
not limited to such subdistributors? product.  Notwithstanding 
anything to the contrary, such subdistributors shall make such 
distributions only as provided herein and shall not obtain any 
other rights under this Agreement and shall not use the TclPro 
Software in any manner.  
3. Open Source Items
(a) Subject to the terms and conditions of this Agreement, 
you shall use TclPro Open Source only as expressly and 
unambiguously provided in the TclPro Open Source License 
Agreement.  Notwithstanding anything to the contrary, with 
respect to TclPro Open Source, this Agreement does not 
supersede or change any term of the TclPro Open Source 
License Agreement and does not provide any additional rights 
with respect to TclPro Open Source. 
(b) Upon any termination of this Agreement, you may 
continue to use the TclPro Open Source, only as expressly and 
unambiguously provided in and subject to the TclPro Open 
Source License Agreement.  
4. Audit
You covenant, represent, and warrant to maintain complete and 
accurate records, and will permit Ajuba agents, 
upon request, to examine, copy, and audit all related 
records.
5. Your Other Rights and Responsibilities
(a) You represent, warrant, and covenant that you will not 
and will not allow a third party to, directly or indirectly: (i) 
reverse engineer, decompile, disassemble or otherwise attempt 
to discover, derive, analyze or use the source code, or 
underlying structure, ideas or algorithms of the TclPro Software 
or of any files contained in or generated using the TclPro 
Software by any means whatsoever, except and only to the 
minimal extent the provisions of this Section 5(a) are expressly 
prohibited by applicable statutory law; (ii) modify, create 
derivative works based on, or translate the TclPro Software 
(except as expressly and unambiguously authorized under 
Section 2(e) of this Agreement); (iii) rent, lease, sell, distribute, 
pledge, assign, or otherwise transfer or encumber rights to the 
TclPro Software (except as expressly and unambiguously 
provided in Section 2(e) of this Agreement); (iv) provide, lease, 
lend, use for timesharing or service bureau purposes or 
otherwise use or allow others to use the TclPro Software to or 
for the benefit of third parties; (v) incorporate into or with other 
software any part of the TclPro Software (except as expressly 
and unambiguously provided in Section 2(e) of this Agreement); 
(vi) except if, as and to the extent expressly authorized by 
Ajuba, transmit or use the TclPro Software over a network; 
(vii) remove any proprietary or other notices or labels; or (viii) 
otherwise use or register (or make any filing with respect to) any 
trademark, name or other designation relevant to the subject 
matter of this Agreement anywhere in the world and you will 
not contest anywhere in the world the use by or authorized by 
Ajuba of any trademark, name or other designation or 
application or registration therefor, whether during or after the 
term of this Agreement.  
(b) You agree to hold in confidence and not disclose (except 
for the Free Binaries as unambiguously and expressly provided 
herein), and not use (except as expressly and unambiguously 
provided herein) the TclPro Software or related technology, 
idea, algorithm or information (collectively, ?Proprietary 
Information?) and to ensure that there is no breach, compromise 
or violation, by your employees, consultants, or independent 
contractors, of such confidentiality obligations and Ajuba? 
rights and title to the TclPro Software and Proprietary 
Information.   
(c) You represent, covenant, and warrant that: (1) you will 
and your subdistributors will comply with all applicable laws; 
and (2) neither this Agreement (or any term hereof) nor the 
performance of or exercise of rights under this Agreement, is 
restricted by, contrary to, in conflict with, ineffective under, 
requires registration or approval or tax withholding under, or 
affects Ajuba? proprietary rights (or the duration thereof) 
under, or will require any termination payment or compulsory 
licensing under, any law or regulation of any organization, 
country, group of countries or political or governmental entity 
located within or including all or a portion of the territory where 
you will use the TclPro Software, distribute the Free Binaries as 
provided in Section 2(e) of this Agreement or otherwise benefit 
from this Agreement.
(d) The TclPro Software is licensed as a single product, and 
the software programs comprising the TclPro Software may not 
be separated in any manner whatsoever and shall only be used 
altogether, as one product.  
(e) You agree to keep Ajuba informed as to any problems 
encountered with the TclPro Software and any resolutions 
arrived at for those problems, and to communicate promptly to 
Ajuba any and all modifications, design changes or 
improvements of the TclPro Software suggested by any 
customer, employee or agent. You further agrees (i) that 
Ajuba shall have and is hereby assigned any and all right, 
title, and interest in and to any such suggested modifications, 
design changes, or improvements of the TclPro Software, 
without the payment of any additional consideration therefor 
either to you, or its employees, agents or customers and (ii) that 
you will fully cooperate with Ajuba in this regard. 
(f) You agree that there is no adequate remedy at law for a 
violation of this Agreement or Ajuba? rights in the TclPro 
Software, that such violation would irreparably harm Ajuba 
for which monetary damages would not be an adequate remedy 
and that, without the requirement of posting a bond, Ajuba is 
entitled to equitable relief (including, without limitation, 
injunctions) with respect to any such violation or potential 
violation in addition to any other remedies.  
6. Technical Support
If you have not paid for this copy of the TclPro Software by 
purchasing either a Named User License or a Shared Network 
License, you shall not have any rights under this Section 6 and it 
shall not apply to you.  During Ajuba? normal business hours, 
Monday to Friday, 8:30am to 5:00pm Pacific Standard Time 
(excluding any holidays), Ajuba will endeavor to provide you 
email support only on installing the TclPro Software, for 30 
days from your receipt of your software key at no charge.  If 
you want to purchase additional support, several support options 
are available as described on the Ajuba web site at 
http://www.ajubasolutions.com.  No obligation of Ajuba under such 
a document shall survive termination of the License granted 
hereunder.
7. Ajuba? Rights
(a) All TclPro Software is licensed and not sold; any 
references herein to the sale or purchase or price of any software 
products or any copy thereof (including but limited to TclPro 
Software) refers to the license or license fee thereof.  
Notwithstanding anything to the contrary, you have no right to 
receive, use or examine any source code or design 
documentation relating to TclPro Software.  
(b) As between the parties, except as expressly and 
unambiguously licensed herein, Ajuba retains all right, title 
and interest in the TclPro Software and in all copies, 
modifications, and derivative works thereto, including, without 
limitation, all proprietary and/or intellectual property rights 
(except proper combinations made by you of the Free Binaries 
with your software product as expressly and unambiguously 
authorized under Section 2(e) of this Agreement).  
(c) Notwithstanding anything else, as between the parties, 
Ajuba and its licensors retain: all of their service marks, 
trademarks, tradenames or any other designations (and 
notwithstanding anything else herein, you may not use any 
name, mark or designation used by Ajuba or its licensors 
except reproduction of trademarks as expressly and 
unambiguously set forth in Section 2(e) of this Agreement as 
part of authorized distribution of Free Binaries; provided that 
any such reproduction and distribution is subject to reasonable 
quality control inspections and approval of Ajuba.
8. Termination
(a) The License under this Agreement shall remain in effect 
perpetually unless terminated as provided in this Section 8.  This 
Agreement (including but not limited to all services provided 
hereunder) and the License shall terminate immediately without 
notice if you breach any portion of this Agreement.  You may 
terminate this License at any time.  
(b) Upon any termination, all of your rights hereunder and 
restrictions on Ajuba and the License shall terminate, and you 
shall immediately: cease indirectly or directly distributing any 
Free Binaries, discontinue use of the TclPro Software and 
Proprietary Information and return or destroy all copies of the 
TclPro Software and Proprietary Information or portions thereof 
in your possession, custody or control in whichever form held 
(including all copies or embodiments thereof, whether or not 
modified or incorporated with or into other software) and will 
cease using any trademarks, service marks and other 
designations of Ajuba.  Except as expressly and 
unambiguously provided herein, Sections 3(b), 4, 5(a), 5(b), 
5(c), 5(f), 7(b), 7(c), 8(b), 8(c), 9, 10, 11 and 13 shall survive 
any termination of this Agreement.  
(c) Termination is not the sole remedy under this 
Agreement and, whether or not termination is effected, all other 
remedies will remain available.  Each party understands that the 
rights of termination hereunder are absolute. Ajuba shall not 
incur any liability or compensation obligation whatsoever for 
any damage (including, without limitation, damage to or loss of 
goodwill or investment), loss or expenses of any kind suffered 
or incurred by you (or for any compensation to you) arising 
from or incident to any termination of this Agreement by 
Ajuba that complies with the terms of the Agreement whether 
or not Ajuba is aware of any such damage, loss or expenses.  
9. Export Controls
You shall comply with, and shall, at Ajuba? request, 
demonstrate such compliance with, the U.S. Foreign Corrupt 
Practices Act and all applicable export laws, restrictions, and 
regulations of the U.S. Department of Commerce, the U.S. 
Department of Treasury and other U.S. and foreign agency or 
authority and you shall not to export or re-export, or allow the 
export or re-export of any product, technology or information 
you obtain or learn pursuant to this Agreement (or any direct 
product thereof) in violation of any such laws, restrictions or 
regulations.  
10. Warranty Disclaimer.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, 
TCLPRO SOFTWARE, PROPRIETARY INFORMATION, 
AND ANYTHING PROVIDED HEREUNDER (INCLUDING 
BUT NOT LIMITED TO SUPPORT SERVICES OR 
PRODUCT MAINTENANCE OR NEW RELEASES) ARE 
PROVIDED ?AS IS? WITHOUT WARRANTY OF ANY 
KIND AND AJUBA MAKES NO WARRANTIES 
WHATSOEVER EXPRESS OR IMPLIED, WITH RESPECT 
TO THE TCLPRO SOFTWARE, PROPRIETARY 
INFORMATION OR ANYTHING PROVIDED HEREUNDER 
OR THE USE OR FUNCTIONING THEREOF, AND 
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY 
KIND, INCLUDING WITHOUT LIMITATION, 
WARRANTIES OF MERCHANTABILITY, NON-
INFRINGEMENT, FITNESS FOR A PARTICULAR 
PURPOSE, FREEDOM FROM BUGS, CORRECTNESS, 
ACCURACY, RELIABILITY, AND REGARDING THE USE 
AND RESULTS OF THE USE, AND THAT THE TCLPRO 
SOFTWARE?S USE WILL BE UNINTERRUPTED.  SOME 
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG 
AN IMPLIED WARRANTY LASTS, SO THE ABOVE 
LIMITATIONS MAY NOT APPLY TO YOU.  WITH 
RESPECT TO ANY TCLPRO SOFTWARE, YOU BEAR THE 
ENTIRE RISK AS TO QUALITY AND PERFORMANCE 
AND SHOULD SUCH SOFTWARE PROVE DEFECTIVE 
FOLLOWING LICENSE, YOU (AND NOT AJUBA OR 
ANY DISTRIBUTOR OR RETAILER) ASSUME THE 
ENTIRE COST OF ALL NECESSARY SERVICING OR 
REPAIR.  
11. Limitation of Liability
NOTWITHSTANDING ANYTHING ELSE IN THIS 
AGREEMENT OR OTHERWISE, AJUBA SHALL NOT 
BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY 
SUBJECT MATTER OF THIS AGREEMENT OR TERMS 
AND CONDITIONS RELATED THERETO UNDER ANY 
NEGLIGENCE, CONTRACT, STRICT LIABILITY OR 
OTHER LEGAL OR EQUITABLE THEORY: (A) FOR 
ERROR OR INTERRUPTION OF USE OR FOR LOSS OR 
INACCURACY OR CORRUPTION OF DATA OR COST OF 
PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR 
TECHNOLOGY OR FOR RELOCATION EXPENSES OR 
LOSS OF BUSINESS; (B) FOR ANY INDIRECT, 
EXEMPLARY, INCIDENTAL, SPECIAL OR 
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT 
LIMITED TO, LOSS OF PROFITS; OR (C) FOR ANY 
MATTER BEYOND AJUBA? REASONABLE 
CONTROL, EVEN IF AJUBA HAS BEEN ADVISED OF 
THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  
WITHOUT LIMITING THE FOREGOING, AJUBA? 
LIABILITY FOR DAMAGES FROM ANY CAUSE OF 
ACTION WHATSOEVER RELATING TO THIS 
AGREEMENT SHALL BE LIMITED TO THE AMOUNT 
YOU PAID FOR THE TCLPRO SOFTWARE DURING THE 
TWELVE MONTH PERIOD PRIOR TO THE DATE THE 
CAUSE OF ACTION AROSE.  THIS SECTION DOES NOT 
LIMIT LIABILITY FOR BODILY INJURY OF A PERSON.  
EXCEPT FOR BODILY INJURY OF A PERSON, 
AJUBA? LIABILITY FOR DAMAGES FROM ANY 
CAUSE OF ACTION WHATSOEVER RELATING TO 
AJUBA? AGREEMENT TO PROVIDE PRODUCT 
MAINTENANCE UNDER SECTION 12 OF THIS 
AGREEMENT SHALL BE LIMITED TO THE AMOUNT 
PAID BY YOU FOR THE PRODUCT MAINTENANCE FOR 
THE APPLICABLE YEAR.  THESE LIMITATIONS SHALL 
APPLY NOTWITHSTANDING THE FAILURE OF THE 
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  
SOME STATES DO NOT ALLOW THE EXCLUSION OR 
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL 
DAMAGES, SO THE ABOVE LIMITATION AND 
EXCLUSIONS MAY NOT APPLY TO YOU.  IN NO EVENT 
WILL AJUBA BE LIABLE FOR ANY CLAIM AGAINST 
YOU BY A THIRD PARTY ARISING OUT OF OR 
RELATING TO THIS AGREEMENT.    
12. Product Maintenance
(a) Subject to your payment of the applicable product 
maintenance fees and subject to the terms and conditions of this 
Agreement, during the first year after such payment only, 
Ajuba shall use reasonable efforts to provide to only you New 
Releases (as defined below) on only the then-current release of 
the TclPro Software.  This Section 12 and all of your rights 
under this Section 12, including but not limited to any rights to 
New Releases, shall terminate at the end of one year from the 
date of such payment or at the termination of the License, 
whichever occurs earlier.  ?New Releases? means one copy of 
revisions to the machine readable TclPro Software that are not 
designated by Ajuba as products for which it charges a 
separate fee and which Ajuba in its discretion makes 
generally available.  New Releases provided by Ajuba to you 
shall be added to TclPro Software.  All New Releases provided 
to you shall be governed by the terms of the License and this 
Agreement.  New Releases will be made available to you only 
over the Internet through a download from Ajuba? web site.  
(b) You may submit Error Reports (as defined below) to 
Ajuba via email to bugs@ajubasolutions.com.  Ajuba has no 
obligation to respond to or correct any such errors or problems 
reported or any other errors or problems.  If Ajuba in its 
discretion implements a fix for the problems in your Error 
Report, Ajuba will use reasonable efforts to make such fix 
available to you as a part of a New Release.  ?Error Report? 
means a written request identifying a reproducible issue or 
problem that you encountered with the TclPro Software, where 
such written request describes such issue or problem in 
sufficient detail for Ajuba to identify, understand, and 
independently reproduce on Ajuba? premises such problem or 
issue, in a manner satisfactory to Ajuba.  You shall attach all 
applicable computer-readable files to such Error Report if 
applicable.
(c) Ajuba shall have no obligation to support: (1) altered, 
modified or damaged TclPro Software or any portion of the 
TclPro Software incorporated with or into other software; (2) 
TclPro Software that is not the then-current release; (3) TclPro 
Software problems caused by your negligence, abuse or 
misapplication, or by other factors beyond the control of 
Ajuba. Ajuba shall have no liability for any changes in 
your hardware that may be necessary to use TclPro Software 
due to a New Release.
13. Miscellaneous
(a) Entire Agreement; Waiver; Headings.  This Agreement 
constitutes the entire Agreement between the parties pertaining 
to the TclPro Software, and supersedes any and all previous 
contemporaneous oral or written agreements regarding the 
subject matter of this Agreement and all past dealing or industry 
custom.  Waivers and amendments shall be effective only if 
made by non-pre-printed agreements clearly understood by both 
parties to be an amendment or waiver.  All waivers and 
modifications of this Agreement must be in a writing signed by 
both parties.  No waiver of any breach of any provision of this 
Agreement shall constitute a waiver of any prior, concurrent or 
subsequent breach of the same or any other provisions hereof.  
Headings and captions are for convenience only and are not to 
be used in the interpretation of this Agreement.
(b) Governing Law and Legal Actions.  This Agreement 
shall be governed by and construed under the laws of the State 
of California and the United States without regard to conflicts of 
laws provisions thereof and without regard to the United 
Nations Convention on Contracts for the International Sale of 
Goods.  The sole and exclusive jurisdiction and venue for 
actions related to the subject matter hereof shall be the state and 
U.S. federal courts in San Francisco, California.  If any action or 
proceeding to enforce rights under with Agreement, the 
prevailing party shall be entitled to recover costs and attorney?s 
fees.
(c) Severability.  If any provision of this Agreement is held 
to be illegal or unenforceable, that provision shall be limited or 
eliminated to the minimum extent necessary so that this 
Agreement shall otherwise remain in full force and effect and 
enforceable.    
(d) Notice.  Any notice, report, approval or consent required 
or permitted hereunder shall be in writing and will be deemed to 
have been duly given if delivered personnel or mailed by 
first-class, registered or certified U.S. mail, postage prepaid to 
the respective addresses of the parties for notices as set forth in 
the product order (if any) or TclPro Software (or such other 
address as a party may designate by 10 days? notice) and 
marked ?Attention:  Legal.?  
(e) Relationship.  The parties hereto expressly understand 
and agree that you are an independent contractor in the 
performance of each and every part of this Agreement, are 
solely responsible for all of your employees and agents and your 
labor costs and expenses arising in connection therewith and are 
responsible for and will indemnify Ajuba from any and all 
claims, liabilities, damages, debts, settlements, costs, attorneys? 
fees, expenses and liabilities of any type whatsoever that may 
arise on account of your activities, or those of your employees 
or agents (including, without limitation, direct and indirect 
subdistributors), including without limitation, providing 
unauthorized representations or warranties (or failing to 
effectively disclaim all warranties and liabilities on behalf of 
Ajuba) to your customers or breaching any term, 
representation or warranty of this Agreement.
(f) High Risk Activities.  The TclPro Software is not fault-
tolerant and is not designed, manufactured or intended for use or 
resale in hazardous environments requiring fail-safe 
performance (such as, without limitation, the operation of 
nuclear facilities, aircraft navigation or communication systems, 
air traffic control, life support machines, or weapons systems) in 
which the failure of the TclPro Software could lead to death, 
personal injury, or severe physical or environmental damage 
(?High Risk Activities?). Accordingly, the License excludes any 
High Risk Activities and you agree (a) not to use TclPro 
Software with respect to any High Risk Activities and (b) to 
indemnify Ajuba and its licensors from all losses, claims, 
damages, costs, attorneys? fees and other expenses relating to 
such High Risk Activities.
(g) Government Use.  If you are a United States 
Government agency or acquired the License pursuant to a 
government contract or with government funds, then as defined 
in FAR section 2.101, DFAR section 252.227-7014(a)(1) and 
DFAR section 252.227-7014(a)(5) or otherwise, all Software 
provided in connection with this Agreement are ?commercial 
items,? ?commercial computer software? and/or ?commercial 
computer software documentation.?  Consistent with DFAR 
section 227.7202 and FAR section 12.212, any use, 
modification, reproduction, release, performance, display, 
disclosure or distribution thereof by or for the U.S. Government 
shall be governed solely by the terms of this Agreement and 
shall be prohibited except to the extent expressly permitted by 
the terms of this Agreement.  You shall ensure that each copy 
used or possessed by or for the government is labeled to reflect 
the foregoing.  Use, reproduction, or disclosure by governments 
of other countries is subject to applicable laws.  


(h) Assignment.  Neither this Agreement nor the License 
may be assigned without the prior written consent of Ajuba.  
Any attempt to do so shall be void.  Notwithstanding the 
foregoing, you may assign this Agreement or delegate your 
obligations to any acquiror of all or of substantially all of your 
assets or business or equity securities.  Ajuba may assign and 
transfer any of its rights and obligations under this Agreement 
without your consent.  
(i) EACH PARTY RECOGNIZES AND AGREES THAT 
THE WARRANTY DISCLAIMERS AND LIABILITY AND 
REMEDY LIMITATIONS IN THIS AGREEMENT ARE 
MATERIAL BARGAINED FOR BASES OF THIS 
AGREEMENT AND THAT THEY HAVE BEEN TAKEN 
INTO ACCOUNT AND REFLECTED IN DETERMINING 
THE CONSIDERATION TO BE GIVEN BY EACH PARTY 
UNDER THIS AGREEMENT AND IN THE DECISION BY 
EACH PARTY TO ENTER INTO THIS AGREEMENT.
Should you have any questions regarding this TclPro Software 
License Agreement, or if you desire to contact Ajuba for any 
reason, please forward inquiries by email to info@ajubasolutions.com, 
by fax to (650) 210-0101, or by telephone to (650) 210-0100.

EXHIBIT A
The following terms apply to the all versions of the core Tcl/Tk releases, the Tcl/Tk browser plug-in version 2.0, 
and TclBlend and Jacl version 1.0. Please note that the TclPro tools are under a different license agreement. This 
agreement is part of the standard Tcl/Tk distribution as the file named ?license.terms?. 
TCL/TK LICENSE TERMS
This software is copyrighted by the Regents of the University of California, Sun Microsystems, Inc., Ajuba 
Solutions, and other parties. The following terms apply to all files associated with the software unless explicitly 
disclaimed in individual files. 
The authors hereby grant permission to use, copy, modify, distribute, and license this software and its 
documentation for any purpose, provided that existing copyright notices are retained in all copies and that this notice 
is included verbatim in any distributions. No written agreement, license, or royalty fee is required for any of the 
authorized uses. Modifications to this software may be copyrighted by their authors and need not follow the 
licensing terms described here, provided that the new terms are clearly indicated on the first page of each file where 
they apply. 
IN NO EVENT SHALL THE AUTHORS OR DISTRIBUTORS BE LIABLE TO ANY PARTY FOR DIRECT, 
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF 
THIS SOFTWARE, ITS DOCUMENTATION, OR ANY DERIVATIVES THEREOF, EVEN IF THE AUTHORS 
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 
THE AUTHORS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ANY WARRANTIES, INCLUDING, 
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A 
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS SOFTWARE IS PROVIDED ON AN ?AS IS? 
BASIS, AND THE AUTHORS AND DISTRIBUTORS HAVE NO OBLIGATION TO PROVIDE 
MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS. 
GOVERNMENT USE: If you are acquiring this software on behalf of the U.S. government, the Government shall 
have only ?Restricted Rights? in the software and related documentation as defined in the Federal Acquisition 
Regulations (FARs) in Clause 52.227.19 (c) (2). If you are acquiring the software on behalf of the Department of 
Defense, the software shall be classified as ?Commercial Computer Software? and the Government shall have only 
?Restricted Rights? as defined in Clause 252.227-7013 (c) (1) of DFARs. Notwithstanding the foregoing, the 
authors grant the U.S. Government and others acting in its behalf permission to use and distribute the software in 
accordance with the terms specified in this license.


