BEFORE YOU CLICK ON THE "I ACCEPT" BUTTON AT THE
END OF THIS DOCUMENT, PLEASE CAREFULLY REVIEW
ALL TERMS AND CONDITIONS AND BE SURE YOU
UNDERSTAND THEM. BY CHOOSING "I ACCEPT" YOU
(HEREIN LICENSEE") BECOME A PARTY, WITH CHISEL
SOFTWARE TO THE BETA LICENSE AND NON-DISCLOSURE
AGREEMENT, LEGALLY BOUND BY ITS TERMS AND
CONDITIONS, AS SHOWN. IF YOU DO NOT AGREE TO ANY
OF THE TERMS AND CONDITIONS SHOWN, YOU MUST
SELECT THE "CANCEL" OPTION, IN WHICH CASE THE
BETA SOFTWARE MAY NOT BE LEGALLY INSTALLED OR
USED. ACCEPTING THE TERMS OF THIS DOCUMENT DOES
NOT GUARANTEE OR IMPLY THAT YOU WILL BE SELECTED
AS A BETA SITE FOR CHISELE SOFTWARE.

  BETA LICENSE AND NON-DISCLOSURE AGREEMENT

1. Grant of License.
Chisel Software grants Licensee a non-exclusive,
non-transferable license to use one copy of the
beta software ("Software") that will be
automatically extracted and/or installed upon
Licensee's acceptance of the terms and conditions
of this Agreement. Chisel Software also grants,
subject to the confidentiality obligations set
forth herein, the right to use certain other
proprietary information and materials
("Confidential Information) that may be provided
with the Software from time to time. The license
is granted for evaluation purposes only and only
for the term of this Agreement. The Software is
protected by the copyright laws of Australia and
international copyright treaties. All rights in
the Software are owned by Chisel Software or its
licensors. No license under any invention,
patent, copyright, trade secret or other
proprietary right is granted, either directly or
indirectly, by this Agreement or by any
disclosure of Confidential Information hereunder
except as specifically granted herein.

2. Disclaimer and Limitation of Liability.
THE PRODUCT AND OTHER CONFIDENTIAL INFORMATION
ARE PROVIDED AS IS. Chisel Software GRANTS NO
CONDITIONS OR WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING ALL IMPLIED CONDITIONS OR
WARRANTIES OF MERCHANTABILITY, TITLE,
NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT SHALL Chisel Software BE
LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY THE
USE OF THE PRODUCT BY LICENSEE.

In addition, Chisel Software does not represent
or warrant that it will make the Software
generally available to the public or that target
dates will be met. Chisel Software may change or
cancel its plans at any time. Licensee hereby
acknowledges that the Software is of pre-release
quality, has not been fully tested, and may
contain errors. Licensee assumes the entire risk
arising out of the use of the Software and other
Confidential Information.

IN NO EVENT SHALL Chisel Software OR ITS
LICENSORS BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF
ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR
OTHERWISE INCLUDING WITHOUT LIMITATION LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS
OF DATA) ARISING OUT OF USE OF THE SOFTWARE OR
INABILITY TO USE THE SOFTWARE, EVEN IF Chisel
Software HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS
AND EXCLUSIONS MAY NOT APPLY TO LICENSEE.

3.Confidentiality.
Licensee hereby acknowledges that (i) Chisel
Software's beta testing processes and the
results therefrom, and (ii) the Product provided
under this Agreement and any information related
to the Product, including without limitation its
nature and existence, constitute Confidential
Information of Chisel Software. Licensee agrees
to maintain Confidential Information in
confidence for a period of two (2) years from
the date of receipt of the Confidential
Information. Licensee further agrees to use the
same care and discretion to avoid disclosure,
publication, or dissemination of the Confidential
Information as it uses with its own similar
information that it does not wish to disclose,
publish, or disseminate, but in no event less
that reasonably care. Licensee may disclose
Confidential Information to its employees who
have a need to know to accomplish the purposes
of this Agreement, provided that prior to
disclosure Licensee has a written agreement with
such parties that is no less protective of
Chisel Software's rights than this Agreement and
that requires the party to protect and use the
Confidential Information in accordance with the
terms of this Agreement. Licensee agrees to
promptly notify Chisel Software in writing of
any circumstances which become known to Licensee
surrounding any possession, use, or knowledge of
Confidential Information by any person or entity
other than those authorized under this
Agreement.

Licensee shall have no obligation of
confidentiality with respect to information that
(i) is, or becomes, publicly available through
no breach of this Agreement by Licensee, but
only to the extent that and only from such date
as the information becomes so available, (ii)
was rightfully in Licensee's possession without
obligation of confidentiality prior to receipt
from Chisel Software or is received from a third
party who has the right to disclose it, or (iii)
is independently developed by Licensee without
use of the Confidential Information. Licensee
may disclose Confidential Information due to
legal obligations beyond Licensee's reasonable
control, provided that Licensee gives Chisel
Software prior written notice and a reasonable
opportunity to seek a protective order.

4.Term and Termination.
If you are accepted as a beta site for Chisel
Software and receive software from Chisel
Software this Agreement shall terminate upon the
earlier of (i) first commercial shipment by
Chisel Software of the Software, (ii) written
notice of termination by either party. Upon
termination, Licensee must cease use of the
Software and shall promptly return or certify
destruction of all copies of the Software and
all other materials provided by or through
Chisel Software. The provisions of Sections
2, 3, and, 5 shall survive any termination of
this Agreement.

5.General
- This Agreement shall be governed and construed
in accordance with the laws of Australia
(without regard to conflicts of laws
provisions). In any legal proceeding arising out
of this Agreement, the prevailing party shall be
entitled to an award of its costs and reasonable
attorneys' fees.

- If any provision of this Agreement is
determined to be void or unenforceable, the
remaining provisions shall be given full force
and effect. If any provision is unenforceable
because of scope or breadth, such provision
shall be valid to the extent permitted by law.

- No agency, partnership, joint venture or other
joint relation is created by this Agreement.

- Licensee may not transfer or assign its rights
under this Agreement without prior written
consent of Chisel Software. Any attempt to do so
is void. The parties agree that the complete and
exclusive statement of the agreement between the
parties relating to this subject shall consist
of this Agreement. Any reproduction of this
Agreement by reliable means will be considered
an original of this document. This Agreement is
executed in English and may not be modified or
amended except in writing signed by authorized
representatives of both parties.

Please contact beta@chiselsoftware.com for more information