1. About Beta Test Software

The beta test software (“Beta Software”) has not been fully tested and is being provided in pre-release form so that you (“You”) may try the new features, comment on them, and report any problems to Cumulogic. The Beta Software includes executable code, application programming interfaces and documentation all of which are provided under the terms and conditions of this license (“License”).

2. Your Agreement to This License

2.1 You should carefully read the following terms and conditions before installing or using the Beta Software. By installing or using the Beta Software, You agree to all of the terms and conditions of the License.

2.2 If You do not agree to all of the terms and conditions of the License, then You are not authorized to download, install or use the Beta Software.

3. Scope of License

3.1 Cumulogic, Inc. (“Cumulogic”) grants to You a limited, non-exclusive, non-transferable, royalty-free, license to install and use the Beta Software in a non-production environment for testing and evaluation purposes only. This License shall become effective upon Your acceptance of the license terms and conditions contained herein and shall terminate upon release of the production version of the Beta Software (“Evaluation Period”).

3.2 You may not distribute, rent, lease, sell, sublicense, assign, or otherwise transfer in whole or in part, the Beta Software to any third party or allow the use or access by any third party or operate the Beta Software for the benefit of a third party without the written consent of Cumulogic. You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Beta Software.

3.3 In consideration for access to the Beta Software You agree to give Cumulogic feedback regarding the functioning of the Beta Software, and any problems and improvements you might recommend (“Feedback”). All such Feedback may be used by Cumulogic in its sole discretion for any purpose, without restriction or any obligation, financial or otherwise, on the part of Cumulogic to you.

3.4 All features and functionality of the Beta Software including without limitation, Beta Software performance, constitute confidential information of Cumulogic and may not be disclosed by You to any party other than Your evaluation staff until release of the production version of the Beta Software.

3.5 Cumulogic, in its sole discretion, may elect not to support or to publicly release all or any version or features of the Beta Software and is under no obligation to do so.

3.6 The Beta Software includes third party code that is subject to third party licenses which are a part of the terms and conditions of this License (“Additional Licenses”). URLs for the Additional Licenses are provided in Exhibit A hereto and your acceptance of this License constitutes acceptance of the Additional Licenses.

3.7 All rights of any kind in the Beta Software which are not expressly granted in this License are entirely and exclusively reserved by Cumulogic. The Beta Software is protected by the United States copyright laws, international copyright treaties and other applicable laws and treaties.

4. Termination

Your license to use the Beta Software will terminate upon expiration of the Evaluation Period. Notwithstanding the foregoing, Cumulogic may immediately terminate this license upon written notice to You at any time and without liability of any kind.

5. Warranty Disclaimers and Liability Limitations

5.1 You understand that the Beta Software is pre-release software which is experimental and has not been fully tested. Accordingly, the Beta Software, and any and all accompanying software, files, data and materials, are distributed and provided “AS IS” and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability, non-infringement or fitness for a particular purpose. This disclaimer of warranty constitutes an essential part of this License.

5.2 Except to the extent expressly prohibited by applicable law, in no event shall Cumulogic, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special or punitive damages whatsoever relating to the use of the Beta Software even if advised of the possibility of such damages. In no event will Cumulogic’s liability exceed the license fees paid under this agreement if any.

6. U.S. Government End Users

Beta Software is a “commercial item” as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire Beta Software and any related documentation with only those rights set forth in this License.

7. Export Restrictions

8 Beta Software is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for any reason, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use or license Beta Software. By accepting this License, you warrant and represent to Cumulogic that (1) you do not match the criteria set forth in (a), (b) or (c) above, (2) that you will not export or re-export Beta Software to any country, person or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b) or (c) above, and (3) that neither the United States Bureau of Industry and Security nor any other U.S. federal agency has suspended, revoked, or denied your export privileges.

8. General

8.1 This License shall be governed by the laws of the State of California, without regard to California choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in Federal and State courts in the Northern District of Califoria, and you consent to such jurisdiction and venue.

8.2 Any waiver by Cumulogic of any violation of this License by You shall not constitute or contribute to a waiver of any other or future violation by You of the same provision, or any other provision, of this License.

8.3 If any part of this License or the application thereof to any person or circumstance, is for any reason held invalid or unenforceable, it shall be deemed severable and the validity of the remainder of this License or the applications of such provision to other persons or circumstances shall not be affected thereby.

8.4 This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.

Exhibit A

Additional Licenses

JBOSS v. 4.2.3GA, V.5.0.1GA, v.5.1.0, v.6.0Final http://repository.jboss.org/licenses/jbossorg-eula.txt

Tomcat v.7.0.0 http://www.apache.org/licenses/LICENSE-2.0

Hyperic Server v.4.5 - GNU General Public License (GPL) (http://sourceforge.net/projects/hyperic-hq/)

Hyperic Agent v.4.4.0,v.4.5.0 - GNU General Public License (GPL) (http://sourceforge.net/projects/hyperic-hq/)

Mysql v.5.0.77, v.5.1 - If you are developing and distributing open source applications under the GPL License, then you are free to use MySQL under the GPL License. (http://www.gnu.org/licenses/gpl-faq.html)

Apache Web Server v.2.2.3.45 - http://www.apache.org/licenses/LICENSE-2.0

Niginx web server v.0.8.54 - http://nginx.org/LICENSE

MongoDB Database v.1.8.2 - http://www.mongodb.org/display/DOCS/Licensing

Amazon EC2 API Tools v.1.3-36506 - http://aws.amazon.com/asl/

Amazon EC2 AMI Tools v.1.3-57676 - http://aws.amazon.com/asl/

Eucalyptus euca2ools v.1.3.1-9 - http://open.eucalyptus.com/wiki/Euca2oolsLicense

Amazon APIs? – this is same as Amazon EC2 API.