EVALUATION LICENSE AGREEMENT

BY CLICKING ON THE ACCEPT BUTTON, YOU ARE CONSENTING TO BE BOUND BY
THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, CLICK THE DO NOT ACCEPT BUTTON AND THE INSTALLATION PROCESS
WILL NOT CONTINUE.

This Evaluation License Agreement ("Agreement") applies to the
computer files you have selected to install (the "Software") and your
use of the Software only for evaluation purposes.  If you wish to
purchase a license for any other use, contact Marimba,
Inc. ("Marimba") on the Internet at http://www.marimba.com.

GRANT.

Provided that you fully comply with the terms and conditions set forth
below, Marimba hereby grants you (and only you) a personal,
non-sublicensable,non-exclusive license to use the Software free of
charge without modification only for your internal testing and
experimental use on behalf of Marimba.This license does not entitle
you to any hard-copy documentation, support or telephone assistance.
You shall only use the Software on any single computer and only copy
the Software for archival purposes and only if such copy contains all
of the original Software's proprietary notices.  You shall not (and
you shall not permit others to): (i) transfer or use the Software
except as expressly and unambiguously permitted in this Agreement;
(ii) remove any proprietary notices or labels on the Software; or
(iii) reverse assemble,reverse compile or reverse engineer the
Software.

TERMINATION.

The license will terminate automatically if you fail to comply with
the limitations described above or upon written notice (which may be
sent by e-mail) from Marimba, and, in any case, THIS LICENSE WILL
TERMINATE THIRTY (30) DAYS FROM YOUR ACCEPTANCE OF THIS AGREEMENT. On
termination,you must destroy all copies of the Software and
anydocumentation.

DISCLAIMER OF WARRANTY. 

Since the Software is provided free of charge, the Software is
provided AS IS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU.  SHOULD THE SOFTWARE
PROVE DEFECTIVE, YOU AND NOT MARIMBA ASSUMES THE ENTIRE COST OF ANY
SERVICE AND REPAIR.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS
OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND
YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY
JURISDICTION.

TITLE. 

Title, ownership rights, and intellectual property rights in and to
the Software shall remain in Marimba and/or its suppliers. The
Software is protected by the copyright laws of the United States and
international copyright treaties. Title, ownership rights, and
intellectual property rights in and to the content accessed through
the Software is the property of the applicable content owner and may
be protected by applicable copyright or other law.  This license gives
you no rights to such content.

LIMITATION ON LIABILITY. 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE,SHALL MARIMBA OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU
OR ANY OTHER PERSON FOR (I) ANY INDIRECT,SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES ORLOSSES, EVEN IF
MARIMBA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (II) FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY
TO YOU.

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 by a 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.  This Agreement
shall be governed by and construed under California law as such law
applies to agreements between California residents entered into and to
be performed within California, except as governed by Federal law.  In
any action to enforce this Agreement the prevailing party will be
entitled to costs and reasonable attorneys'fees.  The application the
United Nations Convention of Contracts for the International Sale of
Goods is expressly excluded.Bongo, Castanet and related products are
owned and licensed exclusively by Marimba, Inc.

Copyright (C) 1996 Marimba Inc. All rights reserved.
Java(tm) is a trademark of Sun Microsystems Inc.


