Sencha Commercial Software Beta License Agreement Version 1.2

THIS DOCUMENT IS A LEGAL AGREEMENT (the "License Agreement") BETWEEN
SENCHA INC.  ("We," "Us") AND YOU OR THE ORGANIZATION ON WHOSE BEHALF
YOU ARE UNDERTAKING THE LICENSE DESCRIBED BELOW ("You") IN RELATION TO
THE SENCHA TOUCH BETA SOFTWARE (THE "Software"), AND ALL RELATED
MATERIALS. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE
SOFTWARE, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT
AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS LICENSE AGREEMENT, DO
NOT PROCEED WITH THE DOWNLOADING, COPYING, INSTALLATION OR ANY OTHER USE
OF THE SOFTWARE OR ANY PORTION THEREOF. THE SOFTWARE IS PROTECTED BY
UNITED STATES COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT LAWS, AS WELL
AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE IS
LICENSED, NOT SOLD.

THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS WITH RESPECT TO THE
SOFTWARE AND ITS COMPONENTS.

1. OWNERSHIP, LICENSE GRANT

This is a license agreement and not an agreement for sale. We reserve
ownership of all intellectual property rights inherent in or relating to
the Software, which include, but are not limited to, all copyright,
patent rights, all rights in relation to registered and unregistered
trademarks (including service marks), confidential information
(including trade secrets and know-how) and all rights other than those
expressly granted by this Agreement.

Beta Trial License Subject to the terms and conditions of this License
Agreement, We grant to You a revocable, non-transferable and
non-exclusive license to install and use the Software on a single
computer (the "Beta License") strictly for evaluation and review
purposes and not for production purposes. This Beta License  shall be
effective for thirty (30) consecutive days following the date of
download ("the Beta Period"). You are explicitly not permitted to
distribute the Software to any user outside the Organization on whose
behalf you have undertaken this license.

2. PERMITTED USES, SOURCE CODE, MODIFICATIONS

We provide You with source code so that You can create Modifications of
the original Software, where Modification means: a) any addition to or
deletion from the contents of a file included in the original Software
or previous Modifications created by You, or b) any new file that
contains any part of the original Software or previous Modifications.
While You retain all rights to any original work authored by You as part
of the Modifications, We continue to own all copyright and other
intellectual property rights in the Software.

3. PROHIBITED USES

You may not, without Our prior written consent, redistribute the
Software or Modifications.

4. TERMINATION

This License Agreement and Your right to use the Software and
Modifications will terminate on the earlier of (i) upon the expiration
of the Beta Period, (ii) upon the initial commercial release by Sencha
of a generally available version of the Software, or (iii) immediately
without notice if You fail to comply with the terms and conditions of
this License Agreement. Upon termination, You agree to immediately cease
using and destroy the Software or Modifications, including all
accompanying documents. The provisions of sections 3, 4, 5, 6, 7, 8, 9
and 10 will survive any termination of this License Agreement.

5. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS
DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH
REGARD TO THE SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT
IT IS NOT TECHNICALLY PRACTICABLE FOR US TO DO SO.

6. LIMITATION OF LIABILITIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE
OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE SOFTWARE.

7. VERIFICATION

We or a certified auditor acting on Our behalf, may, upon its reasonable
request and at its expense, audit You with respect to the use of the
Software. Such audit may be conducted by mail, electronic means or
through an in-person visit to Your place of business. Any such in-person
audit shall be conducted during regular business hours at Your
facilities and shall not unreasonably interfere with Your business
activities. We shall not remove, copy, or redistribute any electronic
material during the course of an audit. If an audit reveals that You are
using the Software in a way that is in material violation of the terms
of the Agreement, then You shall pay Our reasonable costs of conducting
the audit. In the case of a material violation, You agree to pay Us any
amounts owing that are attributable to the unauthorized use. In the
alternative, We reserve the right, at Our sole option, to terminate the
licenses for the Software.

8. THIRD PARTY SOFTWARE

Examples included in Software may provide links to third party libraries
or code (collectively "Third Party Software") to implement various
functions. Third Party Software does not comprise part of the Software.
In some cases, access to Third Party Software may be included along with
the Software delivery as a convenience for demonstration purposes. Such
source code and libraries may be included in the ".../examples" source
tree delivered with the Software and do not comprise the Software.
Licensee acknowledges (1) that some part of Third Party Software may
require additional licensing of copyright and patents from the owners of
such, and (2) that distribution of any of the Software referencing or
including any portion of a Third Party Software may require appropriate
licensing from such third parties.


9. SUPPORT AND UPDATES

You are not entitled to any support or updates for the Software under
this Agreement.

10. MISCELLANEOUS

The license granted herein applies only to the version of the Software
downloaded or installed in connection with the terms of this Agreement.
Any previous or subsequent license granted to You for use of the
Software shall be governed by the terms and conditions of the agreement
entered in connection with downloading or installation of that version
of the Software. You agree that you will comply with all applicable laws
and regulations with respect to the Software, including without
limitation all export and re-export control laws and regulations.

While redistributing the Software or Modifications thereof, You may
choose to offer acceptance of support, warranty, indemnity, or other
liability obligations and/or rights consistent with this Agreement.
However, in accepting such obligations, You may act only on Your own
behalf and on Your sole responsibility, not on our behalf. You agree to
indemnify, defend, and hold Us harmless from and against any liability
incurred by, or claims asserted against, Us (i) by reason of Your
accepting any such support, warranty, indemnity or additional liability;
or (ii) arising out of the use, reproduction or distribution of Your
Application, except to the extent such claim is solely based on the
inclusion of the Software therein.

You agree to be identified as a customer of ours and You agree that We
may refer to You by name, trade name and trademark, if applicable, and
may briefly describe Your business in our marketing materials and web
site.

You may not assign this License Agreement.  This License Agreement will
inure to the benefit of Our successors and assigns.

You acknowledge that this License Agreement is complete and is the
exclusive representation of our agreement. No oral or written
information given by Us or on our behalf shall create a warranty or
collateral contract, or in any way increase the scope of this License
Agreement in any way, and You may not rely on any such oral or written
information. No term or condition contained in any purchase order shall
apply unless expressly accepted by Us in writing,

There are no implied licenses or other implied rights granted under this
Agreement, and all rights, save for those expressly granted hereunder,
shall remain with Us and our licensors. In addition, no licenses or
immunities are granted to the combination of the Software and/or
Modifications, as applicable, with any other software or hardware not
delivered by Us to You under this Agreement.

If any provision in this License Agreement shall be determined to be
invalid, such provision shall be deemed omitted; the remainder of this
License Agreement shall continue in full force and effect. If any remedy
provided is determined to have failed for its essential purpose, all
limitations of liability and exclusions of damages set forth in this
Agreement shall remain in effect.

This License Agreement may be modified only by a written instrument
signed by an authorized representative of each party.

This Agreement is governed by the law of the State of California, United
States (notwithstanding conflicts of laws provisions), and all parties
irrevocably submit to the jurisdiction of the courts of the State of
California and further agree to commence any litigation which may arise
hereunder in the state or federal courts located in the judicial
district of Santa Clara County, California, US.

If the Software or any related documentation is licensed to the U.S.
government or any agency thereof, it will be deemed to be "commercial
computer software" or "commercial computer software documentation,"
pursuant to DFAR Section 227.7202 and FAR Section 12.212. Any use of the
Software or related documentation by the U.S. government will be
governed solely by the terms of this License Agreement.