Marxmeier Software AG Eloquence Beta Test Agreement PURPOSE This Agreement is entered into based upon the following facts: * Marxmeier authorizes the release of certain products to be used in a user environment for the purpose of testing the products; and * Marxmeier desires to obtain data from USER relating to the use of certain products in a user environment; and * USER is willing to use such products and understands that these products have not completed Marxmeier's full quality assurance; and * USER is willing to use such products, evaluate them and report on their operation to Marxmeier; and * USER is willing to rely on his own expertise and test results for suitability for any USER purpose. THEREFORE, the parties agree as follows: Products Marxmeier makes the products listed in Exhibit A ("products") available to USER at no charge. In consideration therefore, USER installs and uses said products and provides Marxmeier with status reports on the products' operation, especially any defects and limitations encountered in testing. Marxmeier does not guarantee that the products are free of design errors and product bugs. Please direct all communications to support@marxmeier.com Limitation of Liability MARXMEIER MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND. MARXMEIER SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PRODUCTS. USER represents it will solely rely on its own expertise and test evaluations prior to installing the products on any productive machines or using the products for any USER purpose. USER agrees that Marxmeier shall not be responsible for any loss or damage to USER, its customers or any third parties caused by failure of the products furnished hereunder to function or failure of Marxmeier to deliver any of the products. MARXMEIER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE PRODUCTS PROVIDED HEREUNDER. While Marxmeier fully intends to release for general sale the products covered by this Agreement as currently defined, Marxmeier reserves the right at any time to alter the features, specifications, capabilities, functions, manufacturing release dates, general availability, etc. of said products. DOWNLOADING AND/OR INSTALLING THE PRODUCT INDICATES YOUR ACCEPTANCE TO THIS BETA TEST AGREEMENT. IF YOU DO NOT AGREE, DON'T DOWNLOAD AND/OR INSTALL THE BETA TEST SOFTWARE. Exhibit A ========= The following products are covered: Eloquence JDLG 1.5 beta test