License Agreement

JUNIT FACTORY ECLIPSE PLUGIN
END USER LICENSE AGREEMENT ("EULA")

THIS AGREEMENT PERMITS THE USE OF AGITAR'S JUNIT FACTORY ECLIPSE PLUGIN SOFTWARE (THE
"SOFTWARE"), WHICH IS AN EXPERIMENTAL PRODUCT WHICH TRANSMITS CODE WITHOUT SECURITY TO
AGITAR'S SERVERS. THE SOFTWARE IS NOT INTENDED FOR YOUR COMMERCIAL USE, AND BY USING THE
SOFTWARE YOU ACKNOWLEDGE THAT YOUR CODE MAY BE MADE PUBLICY AVAILABLE.

READ THIS AGREEMENT CAREFULLY!

BY CLICKING ON THE "I AGREE" BUTTON OR INSTALLING OR USING THIS SOFTWARE, YOU ARE
ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS
AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, CLICK "I DON'T AGREE". YOU WILL
NOT BE GIVEN ACCESS TO THE SOFTWARE UNLESS YOU ACCEPT THE TERMS OF THIS AGREEMENT.

IF YOU WISH TO USE THE SOFTWARE AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION,
PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND THE ENTITY
IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT. THE LICENSES GRANTED UNDER THIS
AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL.

THIS IS EXPERIMENTAL SOFTWARE. THE SOFTWARE IS CONSIDERED "AGITAR DISTRIBUTABLE
SOFTWARE" AND IF YOU HAVE ENTERED INTO A SEPARATE COMMERCIAL LICENSE AGREEMENT WITH
AGITAR, THE TERMS OF THIS AGREEMENT, NOT THOSE TERMS, APPLY TO THE SOFTWARE.

This End User License Agreement ("Agreement") is between Agitar Software, Inc. located at 450 National Avenue,
Suite A, Mountain View, CA 94043 ("Agitar") and the customer (individual or entity) that has obtained the Software
for
use as an end user ("you"). This Agreement covers any Software and any supporting documentation provided with the
Software ("Documentation").

1. Use with JUnit Factory Service.

1.1 JUnit Factory Service. The Software uses Agitar's JUnit Factory service (the "Service"), which the Software
contacts over the Internet. The Software connects with the Service and transmits your code to the Service which
analyzes your code and sends JUnit tests back to the Software. Communication between the Software and the
Service, as well as the Service itself, is inherently insecure and by using the software you agree that any code
used
with the Software could be made public.

1.2 Additional Terms. You may also submit code to the Service directly via Agitar's web site for the Service, and
since the Service may receive code both via the Software and directly through a web browser, the Service itself has
its own terms of service (the "Terms of Service"). This Agreement incorporates the Terms of Service, and your use of
the Software is subject to those terms as well.

1.3 No Guarantee of Future Availability. The Software and Service are experimental. Agitar does not commit to
making them available for any specified amount of time, and may cease offering either or both at any time. If Agitar
ceases offering the Service, the Software will not operate. You agree that you have no expectation that the Software
or Service will be available for any specified amount of time.

2. License.

2.1 Grant of License. Subject to all of the terms and conditions of this Agreement, Agitar grants you a non-
transferable, non-sublicensable, non-exclusive license to use one copy of the Software, but only in accordance with
the Documentation and this Agreement solely until such time as Agitar ceases to offer the Software and the Service.
You may also make a reasonable number of copies of the Software for back-up and archival purposes.

2.2 License Restrictions. You shall not (and shall not allow any third party to): (a) decompile, disassemble, or
otherwise reverse engineer the Software or attempt to reconstruct or discover any source code, underlying ideas,
algorithms, file formats or programming interfaces of the Software by any means whatsoever (except and only to the
extent that applicable law prohibits or restricts reverse engineering restrictions);(b) distribute, sell,
sublicense, rent,
lease or use the Software (or any portion thereof) for time sharing, hosting, service provider or like purposes; (c)
remove any product identification, proprietary, copyright or other notices contained in the Software; (d) modify any
part of the Software, create a derivative work of any part of the Software, or incorporate the Software into or with
other
software, except to the extent expressly authorized in writing by Agitar; or (e) publicly disseminate performance
information or analysis (including, without limitation, benchmarks) from any source relating to the Software.

3. Ownership. Notwithstanding anything to the contrary contained herein, except for the limited license rights
expressly provided herein, Agitar and its suppliers have and will retain all rights, title and interest (including,
without
limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the
Software
and all copies, modifications and derivative works thereof. Ownership and license of any code submitted by you to
the
Service shall be as governed under the Terms of Service. You acknowledge that you are obtaining only a limited
license right to the Software and that irrespective of any use of the words "purchase", "sale" or like terms
hereunder
no ownership rights are being conveyed to you under this Agreement or otherwise.

4. Term of Agreement.

4.1 Term. This Agreement is effective upon your first use of the Software (or, if earlier, upon your agreement to
these terms by clicking "I Agree") and may be terminated by either you or Agitar at any time without prior notice.
Termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be
without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.

4.2 Termination. Upon any expiration or termination of this Agreement, you shall cease any and all use of any
Software and destroy all copies thereof. If requested by Agitar, you will so certify to Agitar in writing.

4.3 Survival. Sections 2.2 (License Restrictions), 3 (Ownership), 4 (Term of Agreement), 5 (No Warranty), 7
(Limitation of Remedies and Damages), 10 (Export Compliance) and 14 (General) shall survive any termination or
expiration of this Agreement.

5. No Warranty.

THE SOFTWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. THE SOFTWARE AND ALL SERVICES
ARE PROVIDED "AS IS". NEITHER AGITAR NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES,
CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT
PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE
LIMITED TO THE LIMITED WARRANTY PERIOD.

6. No Support & Maintenance. Agitar may make available on-line bulletin board support, but Agitar shall not be
obligated to continue provide any support and maintenance services related to the Software.

7 Limitation of Remedies and Damages.

7.1 NEITHER YOU NOR AGITAR (INCLUDING AGITAR'S SUPPLIERS) SHALL BE LIABLE FOR ANY LOSS
OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES IN ADVANCE. THIS SECTION 7.1 SHALL NOT APPLY TO YOU WITH RESPECT TO ANY CLAIM
ARISING UNDER THE SECTIONS TITLED "GRANT OF LICENSE," "LICENSE RESTRICTIONS" OR
"CONFIDENTIAL INFORMATION".

7.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AGITAR AND ITS SUPPLIERS'
ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED $1,000.

7.3 The parties agree that the limitations specified in this Section 7 will survive and apply even if any limited
remedy specified in this Agreement is found to have failed of its essential purpose.

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10. Export Compliance. You acknowledge that the Software is subject to export restrictions by the United States
government and import restrictions by certain foreign governments. You shall not, and shall not allow any
third-party
to, remove or export from the United States or allow the export or re-export of any part of the Software or any
direct
product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to
anyone on
the U.S. Commerce Department's Table of Denial Orders or U.S. Treasury Department's list of Specially Designated
Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the
United
States government or any agency thereof requires an export license or other governmental approval at the time of
export or re-export without first obtaining such license or approval; or (iv) otherwise in violation of any export
or import
restrictions, laws or regulations of any United States or foreign agency or authority. You agree to the foregoing
and
warrant that you are not located in, under the control of, or a national or resident of any such prohibited country
or on
any such prohibited party list. The Software is further restricted from being used for the design or development of
nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior
permission of
the United States government.

11. General.

11.1 Assignment. This Agreement will bind and inure to the benefit of each party's permitted successors and
assigns. Agitar may assign this Agreement to any affiliate or to any assignee of all or substantially all of
Agitar's
assets (whether pursuant to a merger, change of control or otherwise). You may not assign or transfer this
Agreement, in whole or in part, without Agitar's written consent. Any attempt to transfer or assign this Agreement
without such written consent will be null and void.

11.2 Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be
unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement
shall
otherwise remain in effect.

11.3 Governing Law; Jurisdiction and Venue. This Agreement shall be governed by the laws of The
Commonwealth of Massachusetts and the United States without regard to conflicts of laws provisions thereof, and
without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for
actions related to the subject matter hereof shall be the California state and United States federal courts located
in
Mountain View, California, and both parties hereby submit to the personal jurisdiction of such courts.

11.4 Attorneys' Fees and Costs. The prevailing party in any action to enforce this Agreement will be entitled to
recover its attorneys' fees and costs in connection with such action.

11.5 Notices and Reports. Any notice or report hereunder shall be in writing. If to Agitar, such notice or report
shall be sent to Agitar at the address above to the attention of "Legal Department". If to you, such notice or
report
shall be sent to the address you provided upon placing your order. Notices and reports shall be deemed given: (i)
upon receipt if by personal delivery; (ii) upon receipt if sent by certified or registered U.S. mail (return receipt
requested); or (iii) one day after it is sent if by next day delivery by a major commercial delivery service.

11.6 Amendments; Waivers. No supplement, modification, or amendment of this Agreement shall be binding,
unless executed in writing by a duly authorized representative of each party to this Agreement. No waiver will be
implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective
unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived.

11.7 Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of
the parties and supersedes and cancels all previous written and oral agreements and communications relating to the
subject matter of this Agreement. No provision of any purchase order or in any other business form employed by you
will supersede the terms and conditions of this Agreement, and any such document issued by a party hereto relating
to this Agreement shall be for administrative purposes only and shall have no legal effect.

11.8 Independent Contractors. The parties to this Agreement are independent contractors. There is no
relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties.
Neither party will have the power to bind the other or incur obligations on the other party's behalf without the
other
party's prior written consent.

11.9 Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation
under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events, which
occur
after the signing of this Agreement and which are beyond the reasonable control of the parties, such as strikes,
blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental
agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such
party
is not able to prevent or remove the force majeure at reasonable cost.

11.10 Government End-Users. The Software and Documentation provided under this Agreement are commercial
computer software programs developed solely at private expense. As defined in U.S. Federal Acquisition Regulations
(FAR) section 2.101 and U.S. Defense Federal Acquisition Regulations (DFAR) sections 252.227-7014(a)(1) and
252.227-7014(a)(5) (or otherwise as applicable to you), the Software and Documentation licensed in this Agreement
are deemed to be "commercial items" and "commercial computer software" and "commercial computer software
documentation." Consistent with FAR section 12.212 and DFAR section 227.7202, (or such other similar provisions
as may be applicable to you), any use, modification, reproduction, release, performance, display, or disclosure of
such commercial software or commercial software documentation by the U.S. government (or any agency or
contractor thereof) shall be governed solely by the terms of this Agreement and shall be prohibited except to the
extent expressly permitted by the terms of this Agreement.

11.11 Third-Party Code. If designated in the Documentation, the Software may contain or be provided with certain
third-party code (including code which may be made available to you in source code form). Ownership, use, warranty
and modification rights with respect to any such designated code shall be as expressly set forth in the
Documentation.

BY CLICKING ON THE "I AGREE" BUTTON OR INSTALLING OR USING ALL OR ANY PORTION OF THE
SOFTWARE, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU
AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED
BY YOU.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, CLICK "I DON'T AGREE". YOU WILL
NOT BE GIVEN ACCESS TO THE SOFTWARE UNLESS YOU ACCEPT THE TERMS OF THIS AGREEMENT.