AMANDA ENTERPRISE EDITION WITH ZMANDA MANAGEMENT CONSOLE LICENSE AGREEMENT

1. LICENSES.  The Amanda Enterprise Edition with Zmanda Management Console
that you are about to install contains certain open source software that is
distributed alongside Zmanda software.  Such open source software includes,
without limitation, Amanda, as well certain versions of Apache, MySQL, Perl,
and PHP ("Open Source Software").  ALL USE OF THE OPEN SOURCE SOFTWARE IS
SUBJECT TO AND GOVERNED BY (AND YOU AGREE TO AND WILL INDEMNIFY ZMANDA FOR
NONCOMPLIANCE WITH) THE RESPECTIVE LICENSES AVAILABLE AT
http://www.zmanda.com/amanda-license.html

http://www.mysql.com/company/legal

http://www.apache.org/licenses/LICENSE-2.0

http://www.php.net/license/3_01.txt

http://www.perl.com/pub/a/language/misc/Artistic.html

In addition, subject to the terms and conditions of this Agreement, 
Zmanda, Inc.("Zmanda") hereby grants you a limited, non-sublicensable, non-
transferable, royalty-free, nonexclusive license to use its Zmanda Management 
Console software and certain Zmanda software included with the Amanda Enterprise
Edition (collectively, "Software") that you are about to install only (a) in
accordance with any documentation that accompanies it, (b) for one instance
of use per Amanda Enterprise backup server annual subscription, and (c)
while you have a valid Amanda Enterprise Edition subscription.  The Software
is licensed, not sold.

2. RESTRICTIONS. You may not, directly or indirectly: copy, distribute,
rent, lease, timeshare, operate a service bureau with, use commercially or
for the benefit of a third party, reverse engineer, disassemble, decompile,
attempt to discover the source code or structure, sequence and organization
of, or remove any proprietary notices from, the Software. As between the
parties, title, ownership rights, and intellectual property rights in and to
the Software, and any copies or portions thereof, shall remain in Zmanda and
its suppliers or licensors. You understand that Zmanda may modify or
discontinue offering the Software at any time. The Software is protected by
the copyright laws of the United States and international copyright
treaties. This Agreement does not give you any rights not expressly granted
herein.  

3. SUPPORT AND UPGRADES. This Agreement does not entitle you to any support,
upgrades, patches, enhancements, or fixes for the Software (collectively,
"Support").   However, if you have a valid Amanda Enterprise Edition
subscription, you are entitled to Support for the Software. Any Support
provided for the Software that may be made available to you by Zmanda shall
become part of the Software and subject to this Agreement.

4. WARRANTY DISCLAIMER. ZMANDA PROVIDES THE SOFTWARE "AS IS" AND WITHOUT
WARRANTY OF ANY KIND, AND ZMANDA HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND
NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS AGREEMENT.

5. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR
OTHERWISE, SHALL ZMANDA OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF
RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM YOUR USE OF
THE SOFTWARE.

6. TERMINATION. You may terminate this Agreement and the license granted
herein at any time by destroying or removing from all computers, networks,
and storage media all copies of the Software. Zmanda may terminate this
Agreement and the license granted herein immediately if you breach any
provision of this Agreement.  This Agreement will automatically terminate
upon the termination of your Amanda Enterprise Edition subscription, and
upon receiving notice of such termination from Zmanda, you will destroy or
remove from all computers, networks, and storage media all copies of the
Software. Sections 2 and 4 through 8 shall survive termination of this
Agreement. Termination is not an exclusive remedy and all other remedies
will be available whether or not termination occurs.  

7. EXPORT CONTROLS. You shall comply with all export laws and restrictions
and regulations of the Department of Commerce, the United States Department
of Treasury Office of Foreign Assets Control ("OFAC"), or other United
States or foreign agency or authority, and you shall not export, or allow
the export or re-export of the Software in violation of any such
restrictions, laws or regulations. By downloading or using the Software, you
agree to the foregoing and represents and warrants that you are not located
in, under the control of, or a national or resident of any restricted
country.

8. MISCELLANEOUS. You may not assign this Agreement in whole or in part
without the consent of Zmanda (and any attempt to do so shall be void);
Zmanda may assign and transfer any rights and/or obligations. The provisions
hereof are for the benefit of the parties only and not for any other person
or entity.  Any notice, report, approval, authorization, agreement or
consent required or permitted hereunder shall be in writing; notices shall
be sent to the address the applicable party has or may provide by written
notice or, if there is no such address, the most recent address the party
giving notice can locate using reasonable efforts. No failure or delay in
exercising any right hereunder will operate as a waiver thereof, nor will
any partial exercise of any right or power hereunder preclude further
exercise. If any provision shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that this arrangement shall
otherwise remain in full force and effect and enforceable.  This agreement
shall be deemed to have been made in, and shall be construed pursuant to the
laws of the State of California 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 or the Uniform
Computer Information Transactions Act. Notwithstanding the foregoing
sentence, (but without limiting Zmanda's right to seek injunctive or other
equitable relief in any court of competent jurisdiction), any disputes
arising from this Agreement (including the enforceability of this
arbitration provision) shall be referred to and administered by a single
arbitrator in accordance with the Judicial Arbitration and Mediation
Services ("JAMS") Arbitration Rules and Procedures.  The arbitrator shall be
affiliated with JAMS and selected by joint agreement of the parties.  In the
event the parties cannot agree on an arbitrator within thirty (30) days of
the initiating party providing the other party with written notice that it
plans to seek arbitration, the parties shall each select an arbitrator
affiliated with JAMS, which arbitrators shall jointly select a third such
arbitrator to resolve the dispute.  The written decision of the arbitrator
shall be final and binding on the parties.  The arbitration proceeding shall
be carried on in San Francisco, California using the English language.  In
any action or proceeding to enforce rights under this Agreement, the
prevailing party will be entitled to recover costs and attorneys' fees.
This 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 hereof and any
waivers or amendments shall be effective only if made in writing; however,
any pre-printed or standard terms of any purchase order, confirmation, or
similar form, even if signed by the parties after the effectiveness hereof,
shall have no force or effect.  The substantially prevailing party in any
action to enforce this agreement will be entitled to recover its attorney's
fees and costs in connection with such action.  As defined in FAR section
2.101, DFAR section 252.227-7014(a)(1) and DFAR section 252.227-7014(a)(5)
or otherwise, all Software and accompanying documentation provided by Zmanda
are  "commercial items," "commercial computer software" and/or "commercial
computer software documentation."