compliance. No waiver by any party to this Agreement of any condition or breach of any term, covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of the breach of any other term, covenant, representation or warranty set forth in this Agreement. IN WITNESS WBEREOF, the parties hereto have executed this Agreement as of the date first above written. LICENSOR: PEREGRINE/BRIDGE TRANSFER By: /s/ Charles E Noell ---------------------------------- Name: Charles E Noell -------------------------------- Title: General Partner ------------------------------- LICENSEE: NEON SYSTEMS, INC. By: /s/ F. Joseph Backer ---------------------------------- Name: F. Joseph Backer -------------------------------- Title: CEO ------------------------------- 20 EXHIBIT B THE TERRITORY The Territory included is worldwide.