ActiveState ActiveGo 1.8
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ACTIVESTATE® COMMUNITY EDITION LICENSE AGREEMENT

  Version effective date: June 26, 2017

  This license agreement (the “AGREEMENT”) is made between you (either
  an individual or a company or organization, not including its
  affiliates or wholly owned subsidiaries) (“YOU”) and ActiveState
  Software Inc. (“ACTIVESTATE”). This Agreement establishes the terms
  under which ActiveState will license the Software (as defined below)
  to You and establishes the terms under which You may use, copy,
  modify, distribute, and/or Redistribute (as defined below) the
  Software. This Agreement does not apply to Maintenance and Support,
  Production Use, OEM Distribution (all such capitalized terms as
  defined below) or use of the Software for internal-facing or
  external-facing production services, each of which requires a separate
  agreement with ActiveState. For more information on these types of
  agreements, please visit www.activestate.com. The intent of this
  Agreement is to allow ActiveState to maintain control over the
  development and distribution of the Software while allowing its use in
  a variety of ways. If the terms and conditions of this Agreement do
  not permit Your proposed use of the Software or if You require
  clarification regarding the scope of Your intended use of the
  Software, please contact sales@activestate.com.

  PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE
  SOFTWARE. BY CLICKING ON “YES, ACCEPT” OR BY INSTALLING THE SOFTWARE,
  YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
  IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A PERSON, YOUR
  ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON
  TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, IN WHICH CASE “YOU” OR
  “YOUR” WILL REFER TO THE PERSON ON BEHALF OF WHICH YOU ACT (“YOUR
  ENTITY”). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS
  AGREEMENT OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, YOU
  HAVE NO RIGHT TO INSTALL OR USE THE SOFTWARE AND YOU SHOULD (A)
  RETURN, DELETE, OR DISABLE THE SOFTWARE OR (B) IF YOU PURCHASED A
  PRODUCT FROM ACTIVESTATE OR ITS RESELLER OR DISTRIBUTOR ON WHICH THE
  SOFTWARE IS PRE-INSTALLED BY ACTIVESTATE, RETURN THE PURCHASED PRODUCT
  TO ACTIVESTATE OR THE APPLICABLE RESELLER OR DISTRIBUTOR FROM WHOM YOU
  OBTAINED THE PRODUCT.

  1.  DEFINITIONS.

  “ACCESSIBLE CODE” means source code contained within the Software that
  is licensed under an open source license.

  "COMMERCIAL USER" means any Person using the Software for commercial
  purposes, including for obtaining a commercial advantage or monetary
  compensation.

  “CONFIDENTIAL INFORMATION” means all information designated in writing
  as confidential by each party, or which under the circumstances of
  disclosure reasonably ought to be considered as confidential. Without
  limiting the foregoing, ActiveState Confidential Information will
  include the Software, including all source and object code, and all
  associated documentation, but not Accessible Code.

  "MAINTENANCE AND SUPPORT" means maintenance and support for the
  Software provided by ActiveState under separate terms.

  “NON-COMMERCIAL USER” means a Person that is not a Commercial User.

  "OEM DISTRIBUTION" means any distribution to, and/or use of the
  Software by, others outside Your organization and distribution and/or
  use of the Software as either a bundled add-on to, or embedded
  component of another application, with such application being made
  available to its users as, but not limited to, an on-premises
  application, a hosted application, a software-as-a-service offering or
  a subscription service for which the distributor of the application
  receives a license fee or any form of direct or indirect compensation
  and whether for commercial or non-commercial purposes.

  “PERSON” means any individual, sole proprietorship, partnership, firm,
  entity, unincorporated association, unincorporated syndicate,
  unincorporated organization, trust, body corporate or governmental or
  regulatory authority, and where the context requires, any of the
  foregoing when they are acting as trustee, executor, administrator or
  other legal representative.

  “PRODUCTION USE” means any use of the Software licensed under this
  Agreement beyond software development with the Software. For greater
  clarity, any use of the Software licensed under this Agreement, other
  than uses to support the development of scripts or applications, that
  will be run with the Software or that will embed the Software,
  including but not necessarily limited to binary applications created
  by the Software, are considered to be Production Use.

  “REDISTRIBUTE” means any distribution to, and/or use of the Software
  by, others inside or outside Your organization and distribution and/or
  use of the Software inside or outside Your organization.

  “SOFTWARE” means any of ActivePerl, ActivePython, ActiveTcl, ActiveGo,
  ActiveRuby, ActiveNode, or ActiveLua software and the accompanying
  materials including, but not limited to, source code, binary
  executables, documentation, images and scripts, which are distributed
  by ActiveState, and derivatives of that collection and/or those files.

  “USER DATA” means all information and data collected by the Software
  or otherwise transmitted by the Software to ActiveState, including any
  data, metadata, metrics, statistics, or other information relating to
  the performance, operations, resource, health, or other conditions of
  the Software, any component thereof (including third party
  components), and any related infrastructure, such as network host
  names, IP addresses, interpreter used, and system architecture, which
  includes filenames, full path, file size, and content hash.

  “WRAPPED APPLICATION” means a single-file executable in which all
  binary components are encapsulated in a single binary without exposing
  the base programming language as a scripting language within Your own
  application program to end users.

  2.  LICENSE GRANT.

      a.  Subject to the terms and conditions of this Agreement,
          ActiveState hereby grants to You a limited, worldwide,
          perpetual, paid up, free-of-charge, non-exclusive,
          non-transferable, non-assignable, and non-sublicensable
          license to install and use the Software, including the current
          point version of such Software and any associated
          documentation, in accordance with the limitations and
          restrictions set forth in this Agreement.

      b.  With respect to the Software available for installation and
          use by You, You may:

          i.  copy the Software for archival purposes;

          ii. copy the Software for personal purposes;

          iii. use the Software on behalf of or otherwise for a
              Commercial User for development and testing, not including
              Production Use, on any computing device in whatever form,
              whether physical or virtual;

          iv. use the Software on behalf of or otherwise for a
              Non-Commercial User for development, testing, and
              Production Use on any computing device in whatever form or
              manner, physical or virtual, as determined by ActiveState
              in its sole discretion;

          v.  Redistribute parts of the Software on behalf of or
              otherwise for a Non-Commercial User only as part of a
              Wrapped Application utilizing executable generators
              provided that any Redistributed copy must contain the
              original proprietary notices of the Software in unaltered
              form; and

          vi. modify the Accessible Code to develop bug fixes,
              customizations, or additional features, for the sole
              purpose of using the Software pursuant to this Agreement.

      c.  ActiveState will not grant You any rights, title, or interests
          in and to any other software or services, including any
          Maintenance and Support, Production Use, or OEM Distribution
          relating to the Software, except to the extent that such
          Software and services, if any, are required and provided
          pursuant to a separate agreement between You and ActiveState,
          including a license or a maintenance and support agreement. To
          the maximum permitted under applicable laws, ActiveState
          licenses the Software, and all related materials and
          resources, to You under this Agreement without any offer or
          promise to provide You Maintenance and Support or future
          development.

  3.  RESTRICTIONS.

      a.  Except as expressly provided in this Agreement, You may not:

          i.  transfer, assign, sublicense, resell, or rent the
              Software;

          ii. modify or translate the Software to discover the source
              code in the Software or create a functional equivalent in
              the Software;

          iii. reverse engineer, decompile, or disassemble (except as
              and only to the extent this restriction is prohibited by
              applicable law) the Software;

          iv. create derivative works based on the Software;

          v.  merge the Software with another product;

          vi. copy the Software;

          vii. remove or obscure any proprietary rights notices or
              labels on the Software;

          viii. Redistribute, without entering into a separate agreement
              with ActiveState:

              I.  the Software as a whole, whether as a Wrapped
                    Application or on a standalone basis;

              II. parts of the Software to create a language
                    distribution; or

              III. the Software (other than the Accessible Code) with
                    Your Wrapped Application;

          ix. distribute the Software by OEM Distribution without
              entering into a separate OEM Distribution agreement with
              ActiveState;

          x.  permit others to use the Software; or

          xi. use the Software:

              I.  for Production Use on any computing device in whatever
                    form or manner, whether physical or virtual and
                    external or internal-facing;

              II. on any operating systems other than Windows, OSX, and
                    Linux;

              III. on computing devices used for file and/or application
                    serving;

              IV. on any computing devices used for business continuity
                    and disaster recovery; or

              V.  to provide content or functionality through
                    external-facing servers or internal-facing
                    production servers.

  4.  CONFIDENTIALITY.

      a.  Except as reasonably required to exercise Your rights under
          this Agreement, You agree to prevent any unauthorized copying,
          use, distribution, installation or transfer of possession of
          Confidential Information received from ActiveState (the
          “ACTIVESTATE CONFIDENTIAL INFORMATION”). You will not acquire
          any interest in any ActiveState Confidential Information by
          reason of this Agreement. Nothing herein will restrict
          ActiveState’s use or disclosure of the ActiveState
          Confidential Information. ActiveState Confidential Information
          will not include any information which (i) becomes part of the
          public domain through no act or omission on Your part; (ii) is
          lawfully acquired by You from a third party without any breach
          of confidentiality; (iii) is independently developed by You
          without reference to the ActiveState Confidential Information;
          or (iv) is disclosed in accordance with judicial or other
          governmental order or timely disclosure requirements imposed
          by law or stock exchange policies. Notwithstanding the
          foregoing, either party will be permitted to disclose the
          terms and conditions of this Agreement in conjunction with
          legal proceedings. Without limiting the generality of the
          foregoing, You will take reasonable steps to prevent any
          personnel from removing any proprietary or other legend or
          restrictive notice contained or included in any material
          provided by ActiveState to You.

      b.  You acknowledge that any use or disclosure of the ActiveState
          Confidential Information in a manner inconsistent with the
          provisions of this Agreement may cause ActiveState irreparable
          damage for which remedies other than injunctive relief may be
          inadequate. You further agree that ActiveState will be
          entitled to attempt to receive from a court of competent
          jurisdiction injunctive or other equitable relief to restrain
          such use or disclosure in addition to other appropriate
          remedies.

  5.  OPEN SOURCE ACKNOWLEDGEMENT. The Software is comprised of open
      source software, which is subject to the terms of the open source
      software license(s) accompanying or otherwise applicable to that
      open source software included in the Software (the “OPEN SOURCE
      COMPONENTS”). For reference, Tcl/Tk open source license terms can
      be found in Exhibit A attached to this Agreement or obtained from
      this link: https://www.tcl.tk/software/tcltk/license.html. You
      acknowledge that Your own distribution or deployment of instances
      containing or linking to the Software, including the Open Source
      Components, or any other open source software may trigger open
      source license requirements for which You are responsible. Nothing
      in this Agreement limits Your rights under or grants rights to You
      that supersede the terms of any applicable open source software
      license for the applicable Open Source Components.

  6.  INTELLECTUAL PROPERTY OWNERSHIP. All right, title and interest in
      and to the Software and all intellectual property rights embodied
      therein, including copyrights, trade names, trademarks, service
      marks, product names, trade secrets embodied in the Software's
      design and coding methodology and other proprietary materials in
      the Software belong exclusively to ActiveState or its third party
      licensors. The Software is protected by Canada and United States
      copyright laws and international treaty provisions as implemented
      locally in different jurisdictions. Except as specifically
      provided under this Agreement, You acknowledge that no other
      right, title or interest in and to the Software or any parts
      thereof is granted to You. ActiveState grants You the limited
      right to use the trade names, trademarks, service marks or product
      names of ActiveState as required for reasonable and customary use
      in describing the origin of the Software. You may not use the
      trade names, trademarks, service marks or product names of
      ActiveState in any way that might state or imply that ActiveState
      endorses Your work, or might state or imply that You created the
      Software.

  7.  USER DATA. You acknowledge, agree, and expressly consent to
      ActiveState’s collection of Your User Data through the Software.
      ActiveState does not claim ownership of any User Data. You hereby
      grant to ActiveState and its sublicensees a royalty-free,
      perpetual, irrevocable, transferable, worldwide non-exclusive
      right to reproduce, analyse, review, process, diagnose, or
      otherwise use the User Data (in whole or in part) for the purpose
      of supporting, maintaining, and providing the Software, the
      Maintenance and Support, if any, and any related services provided
      by ActiveState relating to the Software (the “USER DATA LICENSE”).
      ActiveState will not disclose the User Data to any third parties
      and will only use the User Data in accordance with the User Data
      License, except that ActiveState may provide Your User Data to
      third parties providing services relating to the Software to
      ActiveState (which will protect the User Data on terms and
      conditions that are commensurate in scope with this Agreement). In
      addition to the rights granted under the User Data License, You
      acknowledge and agree that ActiveState has the right to (i)
      publicly disclose, in any manner whatsoever, User Data that have
      been anonymized; and (ii) review or analyze the User Data and
      publicly disclose any results of such review or analysis,
      including in the form of reports, blog posts, newsletters,
      marketing materials, or otherwise, provided You will not be
      identified in such publicly disclosed materials..

  8.  TERM. This Agreement will be effective upon Your agreement to be
      bound by the terms and conditions of this Agreement and will
      continue in effect unless otherwise terminated in accordance with
      the terms and conditions of this Agreement.

  9.  TERMINATION. If You breach any term or condition of this
      Agreement, ActiveState may immediately terminate this Agreement
      with respect to the Software that You have licensed under this
      Agreement by providing notice to You. ActiveState may also
      terminate this Agreement, without any liability to You, if any
      law, regulations, orders, or legal requirements prohibits
      ActiveState’s provision or licensing of the Software to You. Upon
      termination of this Agreement by ActiveState, You will immediately
      cease all use of the Software and return all copies of the
      Software that are under Your control to ActiveState or to delete
      all such copies.

  10.  INFRINGEMENT INDEMNIFICATION. You will indemnify, hold harmless,
      and defend ActiveState, its licensors, and their respective
      employees, agents and distributors against any and all claims,
      proceedings, demands and costs resulting from or in any way
      connected with Your use of the Software and arising from Your
      breach of this Agreement; _provided_, however, that ActiveState
      will notify You in writing of any such claim. ActiveState will not
      enter into any settlement or compromise any such claim without
      Your prior written consent. You will have sole control of any such
      action and settlement negotiations; and ActiveState will provide
      You with commercially reasonable information and assistance, at
      Your request and expense, necessary to settle or defend such
      claim.

  11. DISCLAIMER OF WARRANTY.

      a.  NEITHER ACTIVESTATE NOR ANY OF ITS SUPPLIERS, LICENSORS, OR
          RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
          UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER
          APPLICABLE LAW, ACTIVESTATE AND ITS SUPPLIERS, LICENSORS, AND
          RESELLERS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS
          WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR
          STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR
          CONDITION OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
          DURABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
          PURPOSE, UPDATES, UPGRADES, SUPPLEMENTS, PRODUCTS, APPLIANCES,
          SYSTEM INTEGRATION, DATA ACCURACY AND ANY OTHER ITEMS PROVIDED
          HEREUNDER. ACTIVESTATE MAKES NO WARRANTY OR GUARANTEE THAT THE
          OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE,
          OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR
          CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR NEED.
          YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE
          OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
          ESSENTIAL PART OF THIS AGREEMENT.

      b.  TO THE EXTENT ANY IMPLIED WARRANTIES CANNOT BE DISCLAIMED
          UNDER APPLICABLE LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN
          DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.

      c.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
          WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A
          CONSUMER, AND SO SOME OR ALL OF THE EXCLUSION OF IMPLIED
          WARRANTIES OR LIMITATIONS SET OUT IN THIS SECTION MAY NOT
          APPLY TO YOU.

  12. LIMITATION OF LIABILITY.

      a.  INDEPENDENT OF THE FOREGOING PROVISIONS, TO THE MAXIMUM EXTENT
          PERMITTED UNDER APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL
          THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR
          STRICT PRODUCTS LIABILITY, WILL ACTIVESTATE, ITS DIRECTORS,
          OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS,
          PRINCIPALS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY
          OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
          CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT
          LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
          COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE,
          EVEN IF ACTIVESTATE HAS BEEN ADVISED OF THE POSSIBILITY OF
          SUCH DAMAGES.

      b.  TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO
          EVENT WILL ACTIVESTATE BE LIABLE TO YOU FOR DAMAGES UNDER THIS
          AGREEMENT FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
          OF ACTION.

  13. EXPORT CONTROLS. You will comply with all export laws and
      restrictions and regulations of Canada, the United States or
      foreign agencies or authorities, and not to export or re-export
      the Software or any direct product thereof in violation of any
      such restrictions, laws or regulations, or without all necessary
      approvals. As applicable, each party will obtain and bear all
      expenses relating to any necessary licenses and/or exemptions with
      respect to its own export of the Software from Canada or the U.S.
      Neither the Software nor the underlying information or technology
      may be electronically transmitted or otherwise exported or
      re-exported: into any country subject to Canada or U.S. trade
      sanctions covering the Software, 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; to anyone on
      Canada's Area Control List of the Export and Import Permits Act;
      or to anyone on the U.S. Treasury Department's list of Specially
      Designated Nationals and Blocked Persons or the U.S. Commerce
      Department's Table of Denial Orders. By installing or using the
      Software, You agree to the foregoing and represent and warrant
      that it complies with these conditions.

  14. U.S. GOVERNMENT END-USERS. The Software 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 Software with only those rights as are granted to all
      other end users pursuant to the terms and conditions herein.
      Unpublished rights are reserved under the copyright laws of Canada
      and the United States.

  15. LICENSEE OUTSIDE THE U.S.  If You are located outside the U.S.,
      then the following provisions will apply: (a) Les parties aux
      presentes confirment leur volonte que cette convention de meme que
      tous les documents y compris tout avis qui siy 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."); and (b) You are responsible for complying
      with any local laws in Your jurisdiction which might impact Your
      right to import, export or use the Software, and You represent
      that You have complied with any regulations or registration
      procedures required by applicable law to make this license
      enforceable.

  16. ENTIRE AGREEMENT. This Agreement constitutes the entire
      understanding of the parties with respect to the subject matter of
      this Agreement and merges all prior communications,
      representations, and agreements.

  17. SEVERABILITY. If any provision of this Agreement is declared
      invalid or unenforceable, such provision will be deemed modified
      to the extent necessary and possible to render it valid and
      enforceable. In any event, the unenforceability or invalidity of
      any provision will not affect any other provision of this
      Agreement, and this Agreement will continue in full force and
      effect, and be construed and enforced, as if such provision had
      not been included, or had been modified as above provided, as the
      case may be.

  18. ENTIRE AGREEMENT & AMENDMENT. This Agreement constitutes the
      complete agreement between the parties and supersedes all prior or
      contemporaneous agreements or representations, written or oral,
      concerning the subject matter of this Agreement, appendices and
      attachments. ActiveState reserves the right to change this
      Agreement at any time, which change shall be effective as of the
      effective date for the terms and conditions of this Agreement as
      shown on ActiveState’s Website (the “Change Effective Date”). Your
      continued use of the Software after the Change Effective Date
      constitutes Your acceptance of such changes. This Agreement may
      not be otherwise amended without ActiveState's prior written
      agreement. You agree to periodically review the terms and
      conditions of this Agreement as updated from time to time on
      ActiveState’s website.

  19. ARBITRATION. Except for actions to protect intellectual property
      rights and to enforce an arbitrator's decision hereunder, all
      disputes, controversies, or claims arising out of or relating to
      this Agreement or a breach thereof will be submitted to and be
      finally resolved by arbitration under the rules of the American
      Arbitration Association ("AAA") then in effect. There will be one
      arbitrator, and such arbitrator will be chosen by mutual agreement
      of the parties in accordance with AAA rules. The arbitration will
      take place in Vancouver, BC, Canada, and may be conducted by
      telephone or online. The arbitrator will apply the laws of the
      Province of British Columbia, Canada to all issues in dispute. The
      controversy or claim will be arbitrated on an individual basis,
      and will not be consolidated in any arbitration with any claim or
      controversy of any other party. The findings of the arbitrator
      will be final and binding on the parties, and may be entered in
      any court of competent jurisdiction for enforcement. Enforcements
      of any award or judgment will be governed by the United Nations
      Convention on the Recognition and Enforcement of Foreign Arbitral
      Awards. Should either party file an action contrary to this
      provision, the other party may recover legal fees and costs up to
      $1,000.00.

  20. JURISDICTION AND VENUE. The superior courts of Vancouver in the
      Province of British Columbia, Canada will be the exclusive
      jurisdiction and venue for all legal proceedings that are not
      arbitrated under this Agreement.

  21. FORCE MAJEURE. Neither party will be liable for damages for any
      delay or failure of delivery arising out of causes beyond their
      reasonable control and without their fault or negligence,
      including, but not limited to, Acts of God, acts of civil or
      military authority, fires, riots, wars, embargoes, Internet
      disruptions, hacker attacks, or communications failures.
      Notwithstanding anything to the contrary contained herein, if
      either party is unable to perform hereunder for a period of
      thirty (30) consecutive days, then the other party may terminate
      this Agreement immediately without liability by ten (10) days’
      written notice to the other.

  22. PUBLICITY AND AUDIT RIGHTS.

      a.  You grant ActiveState the right to include Your name, trade
          name, trademark, service mark or logo in its Software
          promotional material. You may retract this grant at any time
          in writing to_ sales@activestate.com_, requesting Your name,
          trade name, trademark, service mark or logo be excluded from
          future releases of ActiveState Software promotional material.
          Requests cannot be complied with retroactively and may require
          up to thirty (30) days to process.

      b.  If You entered into this Agreement on behalf of a Person,
          where such Person has more than 500 employees, if requested by
          ActiveState, You will furnish ActiveState with a signed
          certification (i) verifying that the Software is being used
          pursuant to the terms of this Agreement, including any user
          limitations and (ii) listing the locations where the Software
          is being used. You agree to grant ActiveState reasonable
          access to Your site(s), upon prior notice during normal
          business hours, to audit the use of the Software. Any such
          audit shall be at ActiveState’s expense.

  23. ASSIGNMENT. Except as expressly provided herein, neither this
      Agreement nor any rights granted hereunder, nor the use of any of
      the Software may be assigned, or otherwise transferred, in whole
      or in part, by You, without the prior written consent of
      ActiveState. Any permitted assignment by You under this Section
      will be conditional upon You delivering all copies of the Software
      to the transferee along with a copy of this Agreement, the
      transferee accepting the terms and conditions of this Agreement,
      and Your license to the Software terminating upon transfer. Any
      attempted assignment by You will be void and of no effect unless
      permitted by the foregoing. You acknowledge and agree that
      ActiveState may assign this Agreement to any third party without
      Your prior consent.

  24. ENUREMENT. This Agreement will enure to the benefit of the
      parties’ permitted successors and assigns.

  25. GOVERNING LAW.  This Agreement will be construed under the laws of
      the Province of British Columbia and the federal laws of Canada
      applicable therein, without regard to the conflict of law rules.
      The application of the United Nations Convention of Contracts for
      the International Sale of Goods and any local implementations
      thereof are expressly excluded. The parties agree that the Uniform
      Computer Transactions Act or any version thereof, adopted by any
      jurisdiction, in any form ("UCITA"), will not apply to this
      Agreement, and to the extent that UCITA may be applicable, the
      parties agree to opt out of the applicability of UCITA pursuant to
      the opt-out provision(s) contained therein.

  EXHIBIT A

  TCL/TK LICENSE TERMS

  This software is copyrighted by the Regents of the University of
  California, Sun Microsystems, Inc., Scriptics Corporation, and other
  parties. The following terms apply to all files associated with the
  software unless explicitly disclaimed in individual files.

  The authors hereby grant permission to use, copy, modify, distribute,
  and license this software and its documentation for any purpose,
  provided that existing copyright notices are retained in all copies
  and that this notice is included verbatim in any distributions. No
  written agreement, license, or royalty fee is required for any of the
  authorized uses. Modifications to this software may be copyrighted by
  their authors and need not follow the licensing terms described here,
  provided that the new terms are clearly indicated on the first page of
  each file where they apply.

  IN NO EVENT SHALL THE AUTHORS OR DISTRIBUTORS BE LIABLE TO ANY PARTY
  FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
  ARISING OUT OF THE USE OF THIS SOFTWARE, ITS DOCUMENTATION, OR ANY
  DERIVATIVES THEREOF, EVEN IF THE AUTHORS HAVE BEEN ADVISED OF THE
  POSSIBILITY OF SUCH DAMAGE.

  THE AUTHORS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ANY WARRANTIES,
  INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
  NON-INFRINGEMENT. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND
  THE AUTHORS AND DISTRIBUTORS HAVE NO OBLIGATION TO PROVIDE
  MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.

  GOVERNMENT USE: If you are acquiring this software on behalf of the
  U.S. government, the Government shall have only "Restricted Rights" in
  the software and related documentation as defined in the Federal
  Acquisition Regulations (FARs) in Clause 52.227.19 (c) (2). If you are
  acquiring the software on behalf of the Department of Defense, the
  software shall be classified as "Commercial Computer Software" and the
  Government shall have only "Restricted Rights" as defined in Clause
  252.227-7013 (c) (1) of DFARs. Notwithstanding the foregoing, the
  authors grant the U.S. Government and others acting in its behalf
  permission to use and distribute the software in accordance with the
  terms specified in this license.