COUCHBASE INC. COMMUNITY EDITION LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: BY CLICKING THE "I ACCEPT" BOX OR INSTALLING, DOWNLOADING OR OTHERWISE USING THIS SOFTWARE AND ANY ASSOCIATED DOCUMENTATION, YOU, ON BEHALF OF YOURSELF OR AS AN AUTHORIZED REPRESENTATIVE ON BEHALF OF AN ENTITY ("LICENSEE") AGREE TO ALL THE TERMS OF THIS COMMUNITY EDITION LICENSE AGREEMENT (THE "AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND THE LICENSEE TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT SELECT THE "I ACCEPT" BOX AND DO NOT INSTALL, DOWNLOAD OR OTHERWISE USE THE SOFTWARE. THE EFFECTIVE DATE OF THIS AGREEMENT IS THE DATE ON WHICH YOU CLICK "I ACCEPT" OR OTHERWISE INSTALL, DOWNLOAD OR USE THE SOFTWARE.

1. License Grant. Couchbase Inc. hereby grants Licensee, free of charge, the non-exclusive right to use, copy, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to Licensee including the following copyright notice in all copies or substantial portions of the Software:

    Couchbase (r)
    http://www.Couchbase.com
    Copyright 2010 Couchbase, Inc.

As used in this Agreement, "Software" means the object code version of the applicable elastic data management server software provided by Couchbase Inc.

2. Support. Couchbase Inc. will provide Licensee with access to, and use of, the Couchbase Inc. support forum available at the following URL: http://couchbase.com. Couchbase Inc. may, at its discretion, modify, suspend or terminate support at any time upon notice to Licensee.

3. Warranty Disclaimer and Limitation of Liability. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL COUCHBASE INC. OR THE AUTHORS OR COPYRIGHT HOLDERS IN THE SOFTWARE BE LIABLE FOR ANY CLAIM, DAMAGES (IINCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES) OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.