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Please read this document carefully. This is a legal agreement between you, as either an individual or an employee or authorized agent of a legal entity ("Licensee"), and Lumigent Technologies, Inc. ("Lumigent"), for the use of a software program known as Lumigent(R) Log Explorer(R) for Microsoft(R) SQL Server(TM). BY CLICKING THE ACCEPTANCE BUTTON, YOU REPRESENT AND AGREE THAT (i) YOU ARE AT LEAST 18 YEARS OF AGE, (ii) YOU ARE AUTHORIZED TO CONSENT TO THESE TERMS ON BEHALF OF LICENSEE, AND (iii) LICENSEE CONSENTS TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, YOU MUST NOT USE THE SOFTWARE; YOU MUST IMMEDIATELY AND IRREVOCABLY DESTROY THE SOFTWARE AND ITS ACCOMPANYING PRODUCT KEYS AND DOCUMENTATION ("DOCUMENTATION") OR, TO RECEIVE INSTRUCTION ON RETURN OF UNUSED SOFTWARE, CONTACT THE VENDOR FROM WHICH YOU PURCHASED IT. THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD. TERMS AND CONDITIONS OF SOFTWARE LICENSE AGREEMENT 1. GRANT OF LICENSE; USE RESTRICTIONS. Subject to the terms and conditions of this License Agreement, Lumigent hereby grants to you as Licensee a nonexclusive, nontransferable license, without right of sublicense, to install and use Lumigent(R) Log Explorer(R) for Microsoft(R) SQL Server(TM), together with any updates and modifications to the foregoing, if any, provided to you by Lumigent (collectively, "Software"). The Software is licensed solely in object code format. The Lumigent(R) Log Explorer(R) Software consists of two separate components: 1) the server component ("Server Software"), and 2) the client interface component ("Client Software"). Each of the components may operate in either evaluation mode (which will be subject to time limits, functionality restrictions, and/or other limitations in Lumigent's sole discretion) ("Evaluation Mode") or full production mode (which will contain the licensed functionality of the component) ("Full Mode"). Licensee may use Software in Evaluation Mode only for training, demonstration, and evaluation purposes, excluding production use. A product key ("Product Key") will be required to use the Software in Full Mode and may be required for use of the Software in Evaluation Mode. Licensee may obtain a Full Mode Product Key from Lumigent or an authorized Lumigent(R) Log Explorer(R) vendor upon payment of the corresponding License fee. A Full Mode Product Key entitles Licensee to use a specified number (zero or more) of each of the components ("Units"), as follows: (a) if the Full Mode Product Key entitles the use of one or more Units of the Server Software (the "Number of Server Units Licensed"): this License Agreement permits Licensee to install and use up to the Number of Server Units Licensed to support an equivalent number of Instances. Each Server Unit may only be used on the server hardware ("Server") and Instance on which it is first installed; transfer of a licensed Unit of the Server Software from one Server or Instance to another is not permitted without the prior written consent of Lumigent. The number of Instances whose transaction logs may be accessed under this license grant may not exceed the number of Server Units licensed. For the purpose of the preceding sentence, a transaction log is deemed to belong to an Instance only if that log is created or modified by that Instance. As used in this License Agreement, an Instance is a copy or instantiation of SQL Server software that operates independently from any other copy (on the same or different Server), and to which an application, including the Software, can connect. (b) if the Full Mode Product Key entitles the use of one or more Units of the Client Software: each Unit of the Client Software is licensed for use by a single individual and may not be shared by multiple individuals, unless Licensee has received the prior written consent of Lumigent. Licensee may permanently transfer a license for a Unit of the Client Software from one individual to another providing that the recipient must explicitly consent to all of the terms in this License Agreement. An Evaluation Product Key may be required for the use of one or both components in Evaluation Mode. Licensee may obtain from Lumigent, in Lumigent's sole discretion, an Evaluation Product Key if necessary for use in Evaluation Mode ("Keyed Evaluation Mode"). Licensee may use up to the number of Units specified with the Evaluation Product Key in Keyed Evaluation Mode or, if not so specified, one Unit at most of each of the Client and Server Software. A "Not For Resale" (NFR) Product Key is an Evaluation Product Key that permits installation of one Unit each of the Client and Server Software, only for training, demonstration, and evaluation purposes, excluding production use. For the purposes of this Section 1, if one or both of the components operates in Evaluation Mode without the use of an Evaluation Product Key ("General Evaluation Mode"), Licensee may only use the zero or more Units in General Evaluation Mode for thirty (30) days from the first installation of the component(s) in General Evaluation Mode. Software licensed in time-limited Evaluation Mode will automatically disable itself at the end of the evaluation period, by employing a restriction mechanism, which restricts the program to a limited working time. This restriction mechanism, and the manner in which it enforces the restriction, is maintained in confidence by Lumigent as a trade secret, and you may not publish, disclose, or reveal it. You agree that you will not do anything to circumvent or defeat the restriction mechanism. Licensee agrees that it shall not use, nor permit use of, the Software for any purpose except as expressly authorized in this Section 1. 2. RESTRICTIONS. Licensee may not transfer, lease, assign, sublicense, pledge, rent, share or distribute the Software or any accompanying installation program(s) or Product Key(s) or make it available for timesharing, service bureau, on-line, or other remote access use, unless previous written consent is granted by Lumigent. Licensee agrees that it shall not modify, port, adapt, translate, localize, reverse compile, decrypt, extract, disassemble, or otherwise reverse engineer or attempt to discover the source code of any portion of the Software, Product Key(s), or Product Key mechanism. Licensee agrees that it shall not prepare derivative works of the Software. Licensee further agrees to keep confidential any Product Keys received for use with Log Explorer.

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