
LICENSE:

Your license, by virtue of having purchased and paid for each CD or
system containing ForensiX is for the installation and use of ForensiX
on a single computer.  Any other use is a violation of this license.

For the purposes of the remainder of this document, Fred Cohen &
Associates is the Licensor and the person or entity that has purchased
ForensiX is the Licensee.  ForensiX or systems containing it are also
refered to herein as Product. 

WARRANTY DISCLAIMER: Fred Cohen & Associates HEREBY DISCLAIMS ANY
WARRANTIES ON ForensiX, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY: Fred Cohen & Associates WILL NOT BE LIABLE FOR
ANY SPECIAL INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF
YOUR PURCHASE OR OTHER USE OF ForensiX, WHETHER OR NOT SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 

LICENSE GRANT.  Licensor grants Licensee a non-exclusive and
non-transferable license to use ForensiX as delivered on its purchased
media.  This license does not entitle Licensee to receive hard-copy
documentation, technical support, telephone assistance, or enhancements
or updates to the Product. 

Licensee may not redistribute the Product unless Licensee has separately
entered into a distribution agreement with Netscape such as the
Unlimited Distribution Program Agreement. 

TERMINATION.  Without prejudice to any other rights, Licensor may
terminate this Agreement if Licensee breaches any of its terms and
conditions.  Upon termination, Licensee shall destroy all copies of the
Product

PROPRIETARY RIGHTS.  Title, ownership rights, and intellectual
property rights in the Product shall remain in Licensor and/or its
suppliers.  Licensee acknowledges such ownership and intellectual
property rights and will not take any action to jeopardize, limit
or interfere in any manner with Licensor's or its suppliers'
ownership of or rights with respect to the Product.  The Product
is protected by copyright and other intellectual property laws and
by international treaties.  Title and related rights in the content
accessed through the Product is the property of the applicable
content owner and is protected by applicable law.  The license
granted under this Agreement gives Licensee no rights to such
content.

DISCLAIMER OF WARRANTY.  THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE
WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE.  SHOULD THE PRODUCT
PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS
SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND
REPAIR.  IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT
HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE PRODUCT
SUFFICIENTLY MEETS ITS REQUIREMENTS.  THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  NO USE OF THE PRODUCT
IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 

LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL OR OTHER DAMAGES
OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF
THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH
THE CLAIM IS BASED.  IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF
THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF
THE PRODUCT RECEIVED UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH
THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF
LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF
DAMAGES IN SUCH CASES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT BE APPLICABLE.  Licensor IS NOT RESPONSIBLE FOR ANY
LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY
THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH
SUCH CONTENT. 

HIGH RISK ACTIVITIES.  The Product 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 the Product could lead directly to death, personal
injury, or severe physical or environmental damage ("High Risk
Activities").  Accordingly, Licensor and its suppliers specifically
disclaim any express or implied warranty of fitness for High Risk
Activities.  Licensee agrees that Licensor and its suppliers will
not be liable for any claims or damages arising from the use of the
Product in such applications.

U.S. GOVERNMENT END USERS.  The Product is a "commercial item,"
as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting
of "commercial computer software" and "commercial computer software
documentation," as such terms are used in 48 C.F.R. 12.212 (Sept.
1995).  Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users
acquire the Product with only those rights set forth herein.

MISCELLANEOUS.  (a) This Agreement constitutes the entire agreement
between the parties concerning the subject matter hereof.  (b) This
Agreement may be amended only by a writing signed by both parties.  (c)
Except to the extent applicable law, if any, provides otherwise, this
Agreement shall be governed by the laws of the State of California,
U.S.A., excluding its conflict of law provisions.  (d) Unless otherwise
agreed in writing, all disputes relating to this Agreement (excepting
any dispute relating to intellectual property rights) shall be subject
to final and binding arbitration in Santa Clara County, California,
under the auspices of JAMS/EndDispute, with the Licensee paying all
costs of arbitration.  (e) This Agreement shall not be governed by the
United Nations Convention on Contracts for the International Sale of
Goods.  (f) If any provision in this Agreement should be held illegal or
unenforceable by a court having jurisdiction, such provision shall be
modified to the extent necessary to render it enforceable without losing
its intent, or severed from this Agreement if no such modification is
possible, and other provisions of this Agreement shall remain in full
force and effect.  (g) The controlling language of this Agreement is
English.  If Licensee has received a translation into another language,
it has been provided for Licensee's convenience only.  (h) A waiver by
either party of any term or condition of this Agreement or any breach
thereof, in any one instance, shall not waive such term or condition or
any subsequent breach thereof.  (i) The provisions of this Agreement
which require or contemplate performance after the expiration or
termination of this Agreement shall be enforceable notwithstanding said
expiration or termination.  (j) Licensee may not assign or otherwise
transfer by operation of law or otherwise this Agreement or any rights
or obligations herein except in the case of a merger or the sale of all
or substantially all of Licensee's assets to another entity.  (k) This
Agreement shall be binding upon and shall inure to the benefit of the
parties, their successors and permitted assigns.  (l) Neither party
shall be in default or be liable for any delay, failure in performance
(excepting the obligation to pay) or interruption of service resulting
directly or indirectly from any cause beyond its reasonable control. 
(m) The relationship between Licensor and Licensee is that of
independent contractors and neither Licensee nor its agents shall have
any authority to bind Licensor in any way.  (n) If any dispute arises
under this Agreement, Licensor shall be reimbursed by the
other party for any and all legal fees and costs associated therewith. 
(o) If any professional services are being provided, then such
professional services are provided pursuant to the terms of a separate
Professional Services Agreement between Licensor and Licensee.  The
parties acknowledge that such services are acquired independently of the
Product licensed hereunder, and that provision of such services is not
essential to the functionality of such Product.  (p) The headings to the
sections of this Agreement are used for convenience only and shall have
no substantive meaning.  (q) Licensor may use Licensee's name in any
customer reference list or in any press release issued by Licensor
regarding the licensing of the Product and/or provide Licensee's name
and the names of the Product licensed by Licensee to third parties. 

LICENSEE OUTSIDE THE U.S.  If Licensee is located outside the U.S., then
the provisions of this Section shall apply.  (i) Les parties aux
presentes confirment leur volonte que cette convention de meme que tous
les documents y compris tout avis qui s'y rattache, soient rediges en
langue anglaise.  (translation: "The parties confirm that this Agreement
and all related documentation is and will be in the English language.")
(ii) Licensee is responsible for complying with any local laws in its
jurisdiction which might impact its right to import, export or use the
Product, and Licensee represents that it has complied with any
regulations or registration procedures required by applicable law to
make this license enforceable. 
