SYBASE ADAPTIVE SERVER ENTERPRISE 11.0.3.3 SOFTWARE LICENSE AGREEMENT NOTICE TO USER: BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THEM CAREFULLY. THIS SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT") ACCOMPANIES THE SYBASE ADAPTIVE SERVER ENTERPRISE PRODUCT, VERSION 11.0.3.3 FOR THE LINUX OPERATING SYSTEM WITH WHICH IT IS DISTRIBUTED AND RELATED MATERIALS AND DOCUMENTATION (THE "SOFTWARE"). AT THE END OF THIS AGREEMENT, YOU WILL BE ASKED TO ACCEPT THIS AGREEMENT IN ORDER TO INSTALL THE SOFTWARE. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT INSTALL THE SOFTWARE EVEN THOUGH THE SOFTWARE IS PROVIDED FREE OF CHARGE. WHEN YOU ACCEPT THIS AGREEMENT, SYBASE GRANTS YOU A ROYALTY-FREE, NON-EXCLUSIVE LICENSE TO USE THE PROGRAMS AS FOLLOWS: 1. LICENSE & LICENSE RESTRICTIONS. You are allowed to install and use the Software at no charge for free as long as you operate the Software at all times only with the Open Source - Linux and FreeBSD - operating systems running natively on your hardware system. You may modify, translate or adapt the Software as long as you do not reverse engineer, decompile or disassemble it (except to the extent the laws in your jurisdiction specifically prohibit these restrictions). You may not use the Software for timesharing, rental or service bureau purposes. You may copy the Software as long as you copy all of it and do not remove this Agreement or the copyright notices and other proprietary notices included in the Software or documentation. You must reproduce this Agreement and all notices included in the Software on all copies or extracts of the Software and Documentation. Results of benchmark or other performance tests run on the Software may not be disclosed to any third party without Sybase's prior written consent. 2. COPYRIGHT AND OWNERSHIP. The Software is owned by Sybase or its licensorssuppliers and is protected under the copyright laws of the United States and international treaty provisions. This Agreement gives you only the right to use the Software on the terms stated here. You do not own the Software and cannot sell it. 3. SUPPORT. THE SOFTWARE IS NOT SUPPORTED BY SYBASE, ITS SUBSIDIARIES OR LICENSORS.The Software is not supported by Sybase. Sybase has no obligation to provide you with any maintenance or support services or any bug fixes, updates or new versions of the Software. 4. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is Commercial Computer Software. Use, duplication and disclosure of the Software by the U.S. Government is subject to the restrictions set forth in this Agreement or in any other written agreement specifying the Government's right to use the Software. Sybase reserves all unpublished rights under U.S. copyright laws. 5. TERMINATION. This Agreement and your right to use the Software will continue so long as you comply with the terms and conditions of this Agreement. Sybase may immediately terminate (end) your license to use the Software if you breach any of your obligations stated here. If Sybase terminates your license to use the Software, you must immediately stop using the Software and destroy all copies of it. All disclaimers of warranties and limitations of liability (Paragraphs 6 and 7) will continue in force after termination of this Agreement. 6. NO WARRANTY. The Software is provided AS IS, without any warranty whatsoever. You assume the full responsibility for the selection of the Software to achieve your intended results and for the installation, use and results obtain from the Software. SYBASE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. 7. LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES WILL SYBASE, ITS SUBSIDIARIES OR ITS LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY INACCURACY OF DATA, LOSS OF PROFITS OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. INDEMNITY. If you distribute or transfer all or any part of the Software to any other person or entity, you agree to indemnify Sybase and hold Sybase harmless from all costs, losses, liability and expense (including all legal fees and costs) which Sybase may incur as a result of any demands or claims brought against Sybase (or its subsidiaries, affiliates, directors, employees or agents) in connection such other party's use of the Software. 9. EXPORT. You agree to fully comply with all laws and regulations of the United States and other countries ("Export Laws") relating to exports of computer software. You will ensure that the Software and any direct products of the Software are not (1) exported, directly or indirectly, in violation of the Export Laws, or (2) used for any purpose prohibited by the Export Laws, including, without limitation, nuclear, chemical or biological weapons production. 10. ULTRA-HAZARDOUS ACTIVITIES. The Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of nuclear facilities. You agree you will not use or redistribute the Software for such purposes. 11. GOVERNING LAW; COMPLETE AGREEMENT. This Agreement is the complete agreement between you and Sybase or its subsidiaries with respect to the Software and is governed by the laws of the State of California (other than its conflict of law provisions). BY SELECTING BELOW "YES I AGREE TO THE ABOVE TERMS AND CONDITIONS", YOU ARE STATING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT, THAT, IF YOU ARE ACCEPTING THIS AGREEMENT FOR A COMPANY, YOU ARE AUTHORIZED TO DO SO AND YOU ARE WARRANTING THAT EACH OF THE FOLLOWING STATEMENTS IS TRUE: 1. You are not a citizen, national or resident of, or under the control of the government of Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has prohibited exports of software. 2. You will not export or re-export the Software, directly or indirectly, to the above mentioned countries or to citizens, nationals or residents of those countries. 3. You are not listed on the U.S Department of Commerce Table of Denial Orders and you agree not export or re-export the Software, directly or indirectly, to persons on this list. 4. You agree not to use, or permit the use of, the Software for any purposes prohibited by U.S. law, including, without limitation, for the development, design or production of nuclear, chemical or biological weapons.