LICENSE AGREEMENT
WhiteHat Security Inc, WhiteHat Arsenal

This License Agreement is provided by WhiteHat Security Inc. ("WhiteHat") 
and redistribution or rental not permitted. These Terms apply to WhiteHat 
Arsenal or WH Arsenal.


1. LICENSE AGREEMENT. BY INSTALLING OR USING WhiteHat Arsenal (also known as, 
WHArsenal, WH Arsenal, Arsenal), THE INDIVIDUAL OR
ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND 
IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF 
THE TERMS OF THIS AGREEMENT, THE LICENSEE MUST NOT INSTALL, USE OR 
DISTRIBUTE THE SOFTWARE. 


2. LICENSE GRANT. Licensor grants Licensee a non-exclusive and non-transferable 
license to use for evaluation purposes the executable code version of the Product 
within certain time restriction as provided by this section and also provided than 
any copy must contain  all of the original proprietary notices. WhiteHat hereby grants: (i) 
The Licensee the right to use this product, for evaluation purposed only, until the date of
July 1, 2002. This license does not entitle Licensee to receive from WhiteHat hard-copy 
documentation, technical support, telephone assistance, or enhancements or updates to 
the Product. Licensee may not customize or redistribute the Product.


3. RESTRICTIONS. Except as otherwise expressly permitted in writing by WhiteHat, Licensee
may not: (i) modify or create any derivative works of the Product or documentation,
including translation or localization; (ii) decompile, disassemble, reverse engineer, or
otherwise attempt to derive the source code for the Product (except to the extent
applicable laws specifically prohibit such restriction); (iii) redistribute, encumber,
sell, rent, lease, sublicense, or otherwise transfer rights to the Product; (iv) remove
or alter any trademark, logo, copyright or other proprietary notices, legends, symbols
or labels in the Product; or (v) publish any results of benchmark tests run on the
Product to a third party without WhiteHat's prior written consent. 


4. FEES. There is no license fee for the Product. 


5. TERMINATION. Without prejudice to any other rights, Licensor may terminate
this Agreement for any reason whatsoever. Upon termination, Licensee shall destroy
all copies of the Product. 


6. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property
rights in the Product shall remain the property of WhiteHat. Licensee
acknowledges such ownership and intellectual property rights and will not take any
action to jeopardize, limit or interfere in any manner with WhiteHat's
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.  


7. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED FREE OF
CHARGE, AND, THEREFORE, 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. 


8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR  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 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) 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. WHITEHAT 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. 


10. EXPORT CONTROL. Licensee agrees to comply with all export laws and
restrictions and regulations of the United States or foreign agencies or authorities,
and not to export or re-export the Product or any direct product thereof in violation of
any such restrictions, laws or regulations, or without all necessary approvals. As
applicable, each party shall obtain and bear all expenses relating to any necessary
licenses and/or exemptions with respect to its own export of the Product from the
U.S. Neither the Product nor the underlying information or technology may be
downloaded or otherwise exported or re-exported (i) into Cuba, Iran, Iraq, Libya,
North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions
covering the Product, to individuals or entities controlled by such countries, or to
nationals or residents of such countries other than nationals who are lawfully
admitted permanent residents of countries not subject to such sanctions; or (ii) to
anyone on the U.S. Treasury Departmentís list of Specially Designated Nationals and
Blocked Persons or the U.S. Commerce Departmentís Table of Denial Orders. By
downloading or using the Product, Licensee agrees to the foregoing and represents
and warrants that it complies with these conditions. 


11. 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 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.  


12. 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. 


13. 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 Hawaii, 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 losing party 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, the prevailing party shall be
reimbursed by the other party for any and all legal fees and costs associated
therewith. (o) If any Netscape professional services are being provided, then such
professional services are provided pursuant to the terms of a separate Professional
Services Agreement between Netscape 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 Licenseeís name in any
customer reference list or in any press release issued by Licensor regarding the
licensing of the Product and/or provide Licenseeís name and the names of the
Product licensed by Licensee to third parties. 
