Lotus C++ API Toolkit for Domino and Notes Software Development Kit Agreement IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL THE LOTUS C++ API TOOLKIT PRODUCT BY INSTALLING ANY OR ALL OR ALL OF THE LOTUS C++ API TOOLKIT PRODUCT FROM THE TOOLKIT CD MEDIA OR FROM ANY OTHER SOURCE (INCLUDING THE LOTUS WEB SITE). BY DOING SO,YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. Lotus Development Corporation ("Lotus") grants you (an entity or a person) a non-exclusive right to install and use the Lotus C++- Language Application Programming Interface for Domino and Notes, consisting of software and documentation (collectively, the "Lotus C++ API Toolkit for Domino and Notes"), under the following conditions: DEFINITIONS An "Application" is a computer program or software product developed using the Lotus C++ API Toolkit for Domino and Notes. A "Notes Client Product" is a client version of any of the following Lotus Products: Lotus Notes, Lotus Notes Mail, and/or Lotus Notes Desktop. A "User" is a person who, directly or indirectly, sends data to, receives data from, sends control commands to, or receives computing services from an Application. A "Lotus Communications Product" is a Notes Client Product or a Notes server. USE You may install and use the Lotus C++ API Toolkit for Domino and Notes on any number of computers solely for the purpose of developing Applications. You may also install copies of the Lotus C++ API Toolkit for Domino and Notes on a home and/or laptop computer, provided that only assigned users within your organization may access such additional copies. You may make one copy of the Lotus C++ API Toolkit for Domino and Notes for archival and back-up purposes, but may not use this copy in any other way. You may install and use the Lotus C++ API Toolkit for Domino and Notes within your own organization only. RESTRICTIONS You may not: (1) Use the Lotus C++ API Toolkit for Domino and Notes to develop an Application that, directly or indirectly, enables Users to access or share any Lotus Communications Product interactively, unless each such User is an authorized licensee of a Notes Client Product; (2) Transfer, sell, license, loan, lease or otherwise distribute the Lotus C++ API Toolkit for Domino and Notes, or any component thereof, to any third party, except as described below; or (3) Alter, merge, modify (except as permitted below), adapt, reverse engineer, disassemble, or decompile the Lotus C++ API Toolkit for Domino and Notes, or any portions thereof. The purpose of these provisions is to restrict Applications that are intended to: (a) mimic or substitute for the services provided by a Notes Client Product, or (b) assist any other computer program that is intended to mimic or substitute for the services of a Notes Client Product. Should you have any questions concerning these restrictions, please contact Lotus at the phone number or address referenced in the "Exceptions" section below. EXCEPTIONS TO THE RESTRICTIONS Lotus will consider exceptions to the restrictions stated above. If you are interested in obtaining such an exception, please call 800-782-7876 (in the US) or write to Lotus Development Corporation, Business Partner Program, 55 Cambridge Parkway, Cambridge, Massachusetts, 02142, Attention: API Toolkit License Exceptions. SAMPLE AND REDISTRIBUTABLE CODE You may modify the source code versions of the Sample Programs, if any, included with the Lotus C++ API Toolkit for Domino and Notes and redistribute such modified source code versions in compiled, object code form only. You may also redistribute, as part of your Application(s), the Lotus C++ API Toolkit for Domino and Notes software designated as "Redistributable Code." The Redistributable Code files, if any, are identified below. If you are authorized to redistribute the Sample Code and/or Redistributable Code (collectively "REDISTRIBUTABLE COMPONENTS"), you must (a) distribute the REDISTRIBUTABLE COMPONENTS only in conjunction with and as a part of your Application(s); (b) not permit further redistribution of the REDISTRIBUTABLE Components by your Users; (c) not use Lotus' name, logo, or trademarks to market your Application(s); and (d) include a valid copyright notice on your Application(s). Redistributable Code: You may redistribute a single Lotus C++ API Toolkit for Domino and Notes shared library file with each Application you develop that requires one. The shared library files are located in platform-specific subdirectories of the C++ API Toolkit lib directory, and have one of the following filename extensions: .dll, .a, .so, or .sl. Other files in the C++ API Toolkit lib subdirectories, including shared libraries that are not required by the Application, may not be redistributed. PRODUCT SUPPORT For information regarding product support for the Lotus C++ API Toolkit for Domino and Notes, please contact Lotus Customer Support. In the US, call 800-997-0333, outside the US, see the Lotus Customer Support Web site at http://www.support.lotus.com for the number of the nearest Support Center. DISTRIBUTION OF APPLICATIONS Any distribution of your Application(s) must be under a written agreement (including shrink wrap agreements) that prohibits reverse engineering, decompilation or disassembly of the Application(s) and requires Users of the Application(s) to abide by the conditions stated in the Restrictions section above. If you distribute an application programming interface ("API") developed using this Lotus C++ API Toolkit for Domino and Notes, then you must distribute such API under a written agreement that requires the licensees of such API to abide by the restrictions stated in the Restrictions section above. TRANSFER OF THE LOTUS C++ API TOOLKIT FOR DOMINO AND NOTES You may permanently transfer the Lotus C++ API Toolkit for Domino and Notes, subject to the terms of this Agreement, to someone else, provided that you do not retain any copies of the Lotus C++ API Toolkit for Domino and Notes and provided you deliver a hard copy of this Agreement to the recipient. PROTECTION OF PROPRIETARY RIGHTS You acknowledge that under this Agreement you obtain only the right to use the Lotus C++ API Toolkit for Domino and Notes and that no right, title or interest in or to any copyrights, trademarks or other proprietary rights relating to the Lotus C++ API Toolkit for Domino and Notes is transferred or licensed from Lotus to you. You expressly acknowledge that all intellectual property rights in the Lotus C++ API Toolkit for Domino and Notes are owned by Lotus or its suppliers and are protected by United States and Canadian copyright laws, other applicable copyright laws, and international treaty provisions. Lotus retains all rights not expressly granted in this Agreement. You may not remove or alter any copyright notice, trademark or other proprietary rights notice placed by Lotus on or in the Lotus C++ API Toolkit for Domino and Notes. You may not use any Lotus trademarks, names or logos except as provided in the Lotus Developer Guidelines (See General Section below). LIMITED WARRANTY The Lotus C++ API Toolkit for Domino and Notes, including the Development Files and Sample Programs, is provided wholly "AS IS" without warranty, representation, promise or guarantee of any kind, either express or implied, statutory or otherwise, including warranties as to quality, performance, merchantability, or fitness for a particular purpose, or any warranty against infringement. Your use of the Development Files and Sample Programs in your Application(s) or otherwise is entirely at your own risk. No Lotus dealer, distributor, agent or employee is authorized to make any modification or addition to this warranty. LIMITATION OF LIABILITY Because software is inherently complex and may not be completely free of errors, it is your responsibility to verify your work and to make backup copies, and Lotus will not be responsible for your failure to do so. Lotus shall not incur liability for money damages for claims by the licensee in connection with the use or application of the Lotus C++ API Toolkit for Domino and Notes. In addition, in no event will Lotus be liable for indirect, special, incidental, tort or consequential damages arising out of this Agreement or out of the use of or inability to use Lotus products or services licensed hereunder, including, without limitation, damages or costs relating to the loss of profits, business, goodwill, data or computer programs, whether or not advised or aware of the possibility of such damages. The foregoing limitations shall not apply to claims relating to death or personal injury which arise out of products deemed to be consumer goods under applicable law. Some states or provinces do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above exclusion or limitation may not apply to you. U.S. GOVERNMENT RESTRICTED RIGHTS The Lotus C++ API Toolkit for Domino and Notes are provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 (June 1987) Alternate III(g)(3) (June 1987), FAR 52.227-19 (June 1987), or DFARS 52.227-7013 (c)(1)(ii) (June 1988), as applicable. Contractor/Manufacturer is Lotus Development Corporation, 55 Cambridge Pkwy., Cambridge, MA 02142. GENERAL The export of Lotus products is governed by the U.S. Department of Commerce under the export administration regulations and by Canadian export regulations. The export of the North American Version of Lotus Notes is governed by the U.S. Department of State under the International Traffic in Arms Regulations. For questions concerning this Agreement or to obtain a copy of Lotus' Developer Guidelines, write to Lotus Development Corporation, attn: Lotus Business Partner Program, 55 Cambridge Parkway, Cambridge, Massachusetts, 02142. Printed in the U.S.A.