APTANA, INC.

END USER LICENSE AGREEMENT

IMPORTANT: READ THIS AGREEMENT CAREFULLY BEFORE CLICKING ON THE"ACCEPT" BUTTON BELOW.

This Aptana, Inc. End User License Agreement (the"Agreement") is a legal agreement between you, either an individual or a single legal entity ("you" or"Licensee"), and Aptana, Inc. ("Aptana,""we," or"us"). You must accept the terms of this Agreement before using the Aptana Software (as defined below).

By clicking"ACCEPT" at the end of this Agreement or by using the Software, you are indicating that you have read and understood, and assent to be bound by, the terms of this Agreement. If you are an individual working for a company, you represent and warrant that you have all necessary authority to bind your company to the terms and conditions of this Agreement. This Agreement applies to your use of the Software for a free thirty (30) day period ("Evaluation License") or, if you have paid the License Fee (defined below), for a perpetual period ("Full License") (both subject to earlier termination as set forth in Section 8).

If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Software. If you are not willing to be bound by these terms and conditions, you should not use the Software, cease all use of the Software, and immediately delete any copies of the Software in your possession.

1. Definitions

1.1 "Documentation" means end user manuals or documentation provided to Licensee along with the Software.

1.2 "Effective Date" means the date Licensee accepts this Agreement.

1.3 "Executable Code" means the fully compiled binary version of a software program that can be executed by a computer and used by an end user without further compilation.

1.4 "Intellectual Property Rights" means all worldwide copyrights, trade secrets, mask works, patents, patent applications, moral rights, contract rights, and other proprietary rights, but specifically excluding any trademarks or service marks.

1.5 "License Fees" means the fees set forth on the software store purchase screen; provided that there is no License Fee for the Evaluation License.

1.6 "Software" means the Aptana Studio Pro software program, and any Software Updates (as defined below) that Aptana may provide to Licensee pursuant to this Agreement.

1.7 "Source Code" means the human-readable version of a software program that can be compiled into Executable Code.

2. License

2.1 License Grant. Subject to the terms and conditions of this Agreement, Aptana hereby grants to Licensee a restricted, non-transferable (except in accordance with Section 12.4), non-exclusive, royalty-free license, during the term of this Agreement, without the right to sublicense, (a) to install and use the Software in Executable Code form only on two computer work stations (i) owned by Licensee or (ii) on Licensee's site and the use of which is restricted to the Licensee's own business, (b) to copy the Software in Executable Code form only solely as necessary for reasonable backup purposes, and (c) to copy and use the Documentation, in each case solely for Licensee's internal business purposes and solely in accordance with the Documentation.

2.2 Obligations and Restrictions. Except as otherwise expressly provided in this Agreement:

(a) Licensee will reproduce on each copy, and not alter or obscure, any and all copyright and other proprietary notices and legends that appear on the Software and Documentation or any part thereof.

(b) Licensee acknowledges that the Software and its structure, organization, and Source Code constitute valuable trade secrets of Aptana. Accordingly, Licensee agrees not to (a) modify, adapt, alter, translate, or create derivative works from the Software or Documentation; (b) merge the Software with other software; (c) sublicense, lease, rent, loan, transfer (except in accordance with Section 12.4), provide, or make available the Software or Documentation to any third party, (d) use the Software in any service bureau or time-sharing arrangement, (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the Source Code for the Software; or (f) otherwise use or copy the Software or Documentation except as expressly allowed under Section 2.1.

2.3 Acceptance. The Software will be deemed irrevocably accepted upon Licensee's download of the Software.

3. License Fees. Licensee will pay Aptana the License Fees (if any). All payments (if any) will be made in U.S. dollars, are due upon submitting the Aptana order form for this Software, and are nonrefundable.

4. Confidentiality. Licensee agrees that Licensee will hold the Software (including without limitation the Source Code thereof), any Documentation, and related information (collectively, "Confidential Information") in strict confidence and will not disclose Confidential Information to any third party. Licensee will use the same efforts to protect the Confidential Information from unauthorized access, reproduction, disclosure, or use as it uses in connection with its own information of a similar nature. In the event Licensee becomes aware of any unauthorized use or disclosure of Confidential Information, Licensee will notify Aptana immediately in writing and will give full cooperation to minimize the effects of such unauthorized use or disclosure. The Confidential Information will be used and stored only at Licensee's own business location. Licensee will grant access to the Confidential Information only to employees of Licensee who (i) have a need for access to the Confidential Information, and (ii) have executed a written agreement with Licensee that requires the employee to protect third party confidential information on terms at least as protective as the terms of this Agreement. Licensee will ensure that its employees comply with these confidentiality requirements.

5. Open Source Software. Certain items of software included with, or to be used with, the Software are subject to the Eclipse Public License, GNU General Public License, or other"open source" or"free software" licenses ("Open Source Software"). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of Sections 2 and 4 other than Section 2.2(a). Instead, each item of Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this document limits Licensee's rights under, or grants Licensee rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. In addition, the documentation that accompanies the Software may contain additional terms and conditions which govern third party components included with, or to be used with, the Software. In the event the terms and conditions in this Agreement conflict with such additional terms and conditions, such additional terms and conditions will control with respect to such third party components.

6. Proprietarty Rights. Aptana and its licensors and suppliers shall retain exclusive ownership of all Intellectual Property Rights in and to the Software and Documentation, including any additions or modifications thereto. All rights in and to the Software and Documentation not expressly granted to Licensee in this Agreement are expressly reserved to Aptana and its licensors and suppliers.

7. Technical Support.

7.1 For Evaluation License. If Licensee has an Evaluation License, the following terms shall apply: Aptana has no obligation to support the Software in any way or to provide Licensee with any updates, bug fixes, builds, or error corrections (collectively,"Software Updates"). If Aptana, in its sole discretion, provides Software Updates to Licensee, such Software Updates shall be considered part of the Software, and subject to the terms and conditions of this Agreement.

7.2 For Full License. If Licensee has a Full License, the following terms shall apply: For one (1) year after the later of (i) the Effective Date or (ii) the date Licensee pays the License Fee ("Support Term"), Aptana will provide Licensee the support set forth below without any additional charge. Additional support (including but not limited to renewal of support after the Support Term) may be provided subject to the terms and conditions of a separate support agreement as may be agreed to by the parties. During the Support Term, Aptana will use commercially reasonable efforts to respond, via the Communication Method, to Licensee's support inquiries regarding the Software communicated to Aptana via the Communication Method. The "Communication Method" is Aptana's electronic support system at HYPERLINK "http://support.aptana.com" http://support.aptana.com or its successor. However, Aptana will have no obligation to resolve such reported problems or provide on-site support. During the Support Term, Aptana will provide Licensee with any updates, bug fixes, builds, or error corrections (collectively,"Software Updates") that Aptana, in its sole discretion, generally provides its commercial customers who purchased the same support level as Licensee. Such Software Updates shall be considered part of the Software, and subject to the terms and conditions of this Agreement.

8. Term and Termination.

8.1 Term

(a) For Evaluation License. If Licensee has an Evaluation License, the following terms shall apply: The term of this Agreement will commence on the Effective Date and shall terminate on the earlier of (i) the date thirty (30) days after the Effective Date or (ii) the date Licensee pays the License Fee, unless earlier terminated as provided herein.

(b) For Full License. If Licensee has a Full License, the following terms shall apply: The term of this Agreement will commence on the later of (i) the Effective Date or (ii) the date Licensee pays the License Fee and continue until terminated as provided herein.

8.2 Termination. Licensee may terminate this Agreement at any time, with or without cause, upon written notice to Aptana; provided that no fees will be refunded. This Agreement terminates immediately upon Licensee's breach of Section 2 or 4, and may be restored only upon agreement by the parties. Aptana may terminate this Agreement immediately upon providing written notice to the email or physical address provided by Licensee upon download of the Software, if Licensee breaches any other term or condition of this Agreement and does not cure the breach within ten (10) days after Aptana's provision of such notice. Upon the expiration or termination of this Agreement for any reason, Sections 2.2, 3, 4, 5, 6, 9.1 or 9.2(b) (as applicable), 10, and 11 shall survive and remain in effect, and Licensee shall promptly cease use of and return to Aptana or destroy all Confidential Information, including the Software and Documentation, and all copies thereof and certify to Aptana in writing that Licensee has done so.

9. Warranty

9.1 For Evaluation License. If Licensee has an Evaluation License, the following terms shall apply: APTANA AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SOFTWARE AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED"AS IS" WITH ALL FAULTS. LICENSEE ACKNOWLEDGES AND AGREES THAT IT HAS NOT RELIED ON ANY ORAL OR WRITTEN INFORMATION OR ADVICE, WHETHER GIVEN BY APTANA, ITS LICENSORS, SUPPLIERS, DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES.

9.2 For Full License. If Licensee has a Full License, the following terms shall apply:

(a) LIMITED WARRANTY. For a period of thirty (30) days after the later of (i) the Effective Date or (ii) the date Licensee pays the License Fee (the"Warranty Period"), Aptana warrants that the Software, when used as permitted under this Agreement and in accordance with the Documentation (including use on a computer hardware and operating system platform supported by Aptana), will operate substantially as described in the Documentation. Aptana does not warrant that the Licensee's use of the Software will be error-free or uninterrupted. Aptana will, at its own expense and as its sole obligation and Licensee's exclusive remedy for any breach of this warranty, in its sole discretion either (a) use commercially reasonable efforts to correct any reproducible error in the Software reported to Aptana by Licensee in writing during the Warranty Period or (b) refund to Licensee all License Fees actually paid, in which case this Agreement and Licensee's right to use the Software will be terminated. Any such error correction provided to Licensee will not extend the original Warranty Period. Any modifications of the Software by any person other than Aptana or its authorized agents or subcontractors and any use of the Software not in accordance with the Documentation or this Agreement will void the foregoing warranty.

(b) DISCLAIMER OF WARRANTY. THE EXPRESS WARRANTIES IN SECTION 9.2(a) ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SOFTWARE AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN SECTION 9.2(a), THE SOFTWARE AND DOCUMENTATION ARE PROVIDED"AS IS" WITH ALL FAULTS. LICENSEE ACKNOWLEDGES AND AGREES THAT IT HAS NOT RELIED ON ANY ORAL OR WRITTEN INFORMATION OR ADVICE, WHETHER GIVEN BY APTANA, ITS LICENSORS, SUPPLIERS, DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES.

10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APTANA OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO BUSINESS INFORMATION OR DATA OR OTHER PECUNIARY LOSS, OR FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF APTANA OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APTANA'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY AND NEGLIGENCE) EXCEED THE GREATER OF THE LICENSE FEES PAID BY LICENSEE TO APTANA OR FIFTY DOLLARS ($50.00). APTANA'S LICENSORS AND SUPPLIERS WILL HAVE NO LIABILITY FOR DAMAGES WHATSOEVER. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND APTANA WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH LIMITATIONS AND EXCLUSIONS.

11. Miscellaneous.

11.1 This Agreement will be governed and construed in accordance with the laws of the State of California without giving effect to conflict of laws principles that would require the application of the laws of any other state. Both parties agree that any action or proceeding arising from or relating to this Agreement must be brought in a court in Santa Clara County, California, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. The United Nations Convention of Contracts for the International Sale of Goods does not apply to this Agreement.

11.2 If Licensee is a branch or agency of the United States Government, the following provision applies. The Software and Documentation are comprised of"commercial computer software" and"commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3.

11.3 The parties are independent contractors, and no agency, partnership, franchise, joint venture, or employment relationship is intended or created by this Agreement.

11.4 Licensee may not assign or transfer, by operation of law or otherwise, any of its rights or delegate any of its duties under this Agreement to any third party without Aptana's prior written consent, and any purported attempt to do so is null and void. Aptana may freely assign or transfer its rights or delegate any of its duties under this Agreement to any third party.

11.5 The Software and Documentation may be subject to export controls under U.S. or other export laws and regulations. Licensee agrees that Licensee shall not export or re-export the Software in any form in violation of the export or import laws and regulations of the United States or any other jurisdiction.

11.6 If any provision of this Agreement or the application thereof to any person or circumstance is held invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and to such end the provisions of this Agreement are agreed to be severable. In such event, the affected provision shall be amended to achieve as nearly as possible the same economic effect as the original provision. Without limiting the generality of the foregoing, Licensee agrees that Section 10 (Limitation of Liability) will remain in effect notwithstanding the unenforceability of any provision in Section 9 (Warranty).

11.7 Any notices required by this Agreement shall be provided to Aptana at Aptana, Inc., 1450 Fashion Island Blvd., Suite 500, San Mateo, CA 94404 and to Licensee at the email or physical address provided by Licensee upon download of the Software.

11.8 Aptana's rights and remedies for breach of this Agreement are cumulative. Licensee acknowledges that the Software contains valuable trade secrets and proprietary information of Aptana, that any actual or threatened breach of Section 4 will constitute immediate, irreparable harm to Aptana for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.

11.9 This Agreement may be amended only by an instrument in writing signed authorized representatives on behalf of both parties. All waivers under this Agreement must be in writing, and any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or on any other occasion. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all other prior and contemporaneous agreements and understandings both written and oral between the parties with respect to such subject matter. Without limiting the foregoing, this Agreement supersedes any license terms contained within the source code of the Software.