SOFTWARE END USER LICENSE AGREEMENT

IMPORTANT-PLEASE READ CAREFULLY

BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), DOWNLOADING THE SOFTWARE, COPYING
THE SOFTWARE AND/OR CLICKING THE "ACCEPT" CHECKBOX BELOW, YOU ("USER") EITHER O
N BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZE
D REPRESENTATIVE, AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT R
EGARDING YOUR USE OF SQLS*PLUS ("THE SOFTWARE"). YOUR USE OF THE SOFTWARE INDICA
TES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT AND WARRANTY. IF YOU DO NOT AGREE
WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO
NOT INSTALL, DOWNLOAD, COPY OR OTHERWISE USE THE SOFTWARE.
TITLE
You acknowledge that no title to the intellectual property in THE SOFTWARE is tr
ansferred to you. Title, ownership, rights, and intellectual property rights in
and to THE SOFTWARE shall remain in OWNER.
GRANT OF LICENSE
Subject to the terms below, OWNER hereby grants USER a non-transferable license
to install and to use this version of THE SOFTWARE. Your license will be free fo
r a use on a single database instance for a 1 year period within which time the
USER shall determine the fitness and usability of THE SOFTWARE for the USER's pa
rticular purpose and hardware environment. It is understood by the USER that aft
er the 1 year period THE SOFTWARE will disable itself, rendering access to the U
SER's program input during the period difficult or impossible unless and until t
he USER requests OWNER for a license renewal under here-described terms and obta
ins a valid registration number for the USER's Company or Individual Name. It is
also fully agreed and understood that any and all license and licenses granted
unto the USER by the OWNER are granted on the basis of the Company of Individual
Name as provided by the USER in the registration process and that the granted l
icense(s) may not be sold, loaned, borrowed and/or transferred in any way to any
one other than the licensee. Furthermore, in the event that the USER should chan
ge his/her Company Name or Individual Name, then a new registration and possible
payment of registration fee by the USER shall be required.
SCOPE OF GRANT
USER may not modify THE SOFTWARE or disable any licensing or control features of
THE SOFTWARE. If THE SOFTWARE is licensed for "network" and/or "concurrent use,
" you may not allow more than the maximum number of authorized users to use THE
SOFTWARE concurrently.
OWNERSHIP
It is expressly agreed and understood that THE SOFTWARE is owned and copyrighted
by DBARS, LLC ("OWNER"). and that OWNER shall retain title and all ownership ri
ghts to THE SOFTWARE. Whether the USER is licensing THE SOFTWARE as an individua
l or on behalf of an entity, the USER may not:
(1) reverse engineer, decompile, or disassemble THE SOFTWARE
(2) modify, or create derivative works based upon, THE SOFTWARE in whole or in p
art
(3) remove any proprietary notices or labels on THE SOFTWARE; or

(4) resell, lease, rent, transfer, sub-license, or otherwise transfer rights to

THE SOFTWARE.
COPYRIGHT
It is understood and agreed to that THE SOFTWARE including any accompanying help
and support files, along with any printed documentation is copyrighted by the O
WNER and may not be reproduce and/or redistributed without the advanced written
consent of the OWNER except where expressly allowed below. THE SOFTWARE is prote
cted by United States copyright laws and international copyright treaties, as we
ll as other intellectual property laws and treaties.
DISTRIBUTION
The USER is hereby licensed to make as many copies of the THE
ed documentation as the USER wishes; give exact copies of the
version to anyone; and distribute the version of THE SOFTWARE
in its unmodified form via magnetic media or optical media or
means provided that:

SOFTWARE and relat

original software
and documentation
digital electronic

(1) THE SOFTWARE is not modified

(2) the original archive remains intact with all accompanying files
(3) no fee is charged, except for any reasonable fees necessary to cover costs o
f media, and nominal copying and/or distribution costs.
MAINTENANCE
The OWNER is not obligated to provide maintenance and/or updates and/or fixes fo
r THE SOFTWARE, however, any such maintenance and/or updates and/or fixes provid
ed by the OWNER shall be covered by this End User License Agreement.
UPGRADES
If THE SOFTWARE is labeled or otherwise identified by the OWNER as an "upgrade",
the USER must be properly licensed to use a product identified by the OWNER as
being eligible for the upgrade in order to use THE SOFTWARE. Software labeled or
otherwise identified by the OWNER as an upgrade; replaces and/or supplements th
e product that formed the basis for your eligibility for such upgrade. You may u
se the resulting upgraded product only in accordance with the terms of this End
User License Agreement. If THE SOFTWARE is an upgrade of a component of a packag
e of software programs that you licensed as a single product, THE SOFTWARE may b
e used and transferred only as part of that single product package and may not b
e separated for use on more that one computer.
REFERENCE
BY INSTALLING THE SOFTWARE, DOWNLOADING THE SOFTWARE, COPYING THE SOFTWARE AND U
SING THE SOFTWARE, USER EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHA
LF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE, AGREES TO BECOME MARKETING AND
SALES REFERENCE TO THE OWNER AND ALLOW OWNER TO USE USER'S AND USER'S ENTITY LO
GO AND NAME ON OWNER'S WEBSITE AND IN MARKETING MATERIAL AS IT IS RELATED TO USE
OF THE SOFTWARE BY USER AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHO
RIZED REPRESENTATIVE
CUSTOMER REMEDIES
The OWNER and its suppliers' entire liability and the OWNER's exclusive remedy s
hall be, at the OWNER's option, either:

(1) return of the price paid by you for THE SOFTWARE (not to exceed the suggeste
d retail price) if any, or
(2) repair or replacement of the component(s) of THE SOFTWARE that do(es) not me
et the OWNER's Limited Warranty and which is returned to the OWNER with a copy o
f your purchase receipt. This Limited Warranty is void if failure of THE SOFTWAR
E has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE
will be warranted for the remainder of the original warranty period or thirty (
30) days, whichever is longer.
DISCLAIMER OF WARRANTY
THE SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" AND WITHOUT WARRANT
Y OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER FURT
HER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIE
S OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TH
E ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE PRODUCT AND/OR DO
CUMENTATION REMAINS WITH THE USER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, AND IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL
, DIRECT, INDIRECT, SPECILA, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, W
ITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREE
MENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF THE OWNER HAS BEEN A
DVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF THE OWNER SHALL BE E
XCLUSIVELY LIMITED TO THE PRODUCT RELACEMENT OR RETURN OF THE PURCHASE/LICENSING
PRICE. NO OTHER ADVERTISING, DESCRIPTION OR REPRESENTATION, WHEHER OR NOT MADE
BY THE OWNER OR THE OWNER'S DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE, SHALL BE BIN
DING UPON THE OWNER OR SHALL CHANGE THE TERMS OF THIS WARRANTY. THIS LIMITED WAR
RANTY GIVES YOU THE SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
TERMINATION
This End User License Agreement shall terminate automatically if you fail to com
ply with the limitations described in this End User License Agreement, or if you
are licensing THE SOFTWARE on behalf of an entity and do not elect to continue
the license following the above mentioned use period. No notice shall be require
d from the OWNER to effectuate such termination. Upon termination, you must unin
stall and destroy all copies of THE SOFTWARE.
GOVERNING LAW
If you acquire or use THE SOFTWARE in the United States, this End User License A
greement is governed by and construed in accordance with the laws of the State o
f California any arbitration hereunder shall apply. If THE SOFTWARE was acquired
and is used exclusively outside of the United States, then local law may also a
pply. Should any provision of this agreement be found, held or deemed to be unen
forceable, voidable, or void as contrary to law or public policy under the State
of California, the parties intend and agree that the remaining provisions shall
nevertheless continue in full force and be binding upon the parties, their heir
s, personal representatives, and assigns. Furthermore, it is agreed and understo
od that Santa Clara County, California shall be the proper venue for any and all
litigation and arbitration. Should you have any questions concerning this End U
ser License Agreement, or if you desire to contact the OWNER for any reason, ple
ase email to support@dbainfopower.com
ARBITRATION
The USER acknowledges and agrees that any dispute, controversy or claim arising

out of or relating to this Agreement or to a breach hereof, including its interp

retation, performance or termination, shall be finally resolved by arbitration.
The arbitration shall be conducted by three (3) arbitrators, one to be appointed
by the OWNER, one to be appointed by the USER, and the third being nominated by
the two arbitrators so selected or, if they cannot agree on a third arbitrator,
by the President of the American Arbitration Association ("AAA"). The arbitrati
on shall be conducted in English and in accordance with the commercial arbitrati
on rules of the AAA. The arbitration, including the rendering of the award, shal
l take place in Santa Clara, Santa Clara County, California, and shall be the ex
clusive forum for resolving such dispute, controversy or claim. The decision of
the arbitrators shall be binding upon the parties hereto, and the expense of the
arbitration (including, without limitation, the award of attorneys' fees to the
prevailing party) shall be paid as the arbitrators determine. The decision of t
he arbitrators shall be executory, and judgment thereon may be entered by any co
urt of competent jurisdiction. Notwithstanding anything contained in this Paragr
aph to the contrary, the OWNER shall have the right to institute judicial procee
dings against the USER or anyone acting by, through, or under the USER, in order
to enforce the OWNER's rights hereunder through, including but not limited to,
reformation of contract, specific performance, injunction, or similar equitable
relief.
ENTIRE AGREEMENT
This End User License Agreement constitutes the entire understanding between the
OWNER and the USER. The USER agrees that this is the entire agreement between t
he USER and the OWNER, and supersedes any prior agreement, whether written or or
al, and all other communications between the OWNER and the USER relating to the
subject matter of this End User License Agreement and cannot be altered or modif
ied, except in writing.
RESERVATION OF RIGHTS
All rights not expressly granted in this End User License Agreement are reserved
entirely to the OWNER.
HEADINGS AND CAPTIONS
The captions of this agreement are for convenience and reference only, and in no
way define or limit the intent, rights, or obligations of the parties hereunder
. Additionally, any heading preceding the text of any of the paragraphs in this
agreement are inserted solely for convenience of reference and shall not constit
ute a part of the agreement, nor shall they affect the meaning, construction or
effect of any of the paragraphs of the agreement.
DEFAULT
In the event of a default on payment by USER as outlined in this Agreement, the
parties agree that the fee shall be subject to an interest charge of one and one
-half percent (1 1/2 %) per month. Furthermore, the USER, upon default shall be
held responsible for any and all legal fees incurred by the OWNER.
BINDING EFFECT
This agreement and all the terms and conditions thereof shall be binding upon th
e parties hereto and their respective heirs, personal representatives and assign
s.
INTERPRETATION
No provision of this agreement shall be interpreted for or against any party her

eto by reason of the fact that said party or his/ her counsel or legal represent
ative drafted all or any part thereof.
ATTORNEY'S FEES
The USER shall be responsible and pay for any and all attorney's fees incurred b
y the OWNER in connection with the enforcement of any of the provisions of this
agreement.