User Monitor for Oracle EVALUATION SOFTWARE LICENSE PLEASE READ THIS AGREEMENT BEFORE INSTALLING THIS SOFTWARE PACKAGE. IF YOU INSTALL THE SOFTWARE OR KEEP IT FOR MORE THAN THIRTY (30) DAYS, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL THIS SOFTWARE PACKAGE, AND PROMPTLY RETURN 1. DEFINITION OF TERMS (a) "Documentation": any explanatory written or on-line material including, but not limited to, user guides, reference manuals and HTML files. (b) "Software": all material in this distribution including, but not limited to, one or more of the following: dynamic-link libraries, executables, scripts, sample programs, utility programs, Documentation. (c) "Licensed Software": the Software for which you have paid the applicable license fee and received an authorized license code. 2. GENERAL The Software is owned by Business Computing Solutions LLC. ("BCS") and is protected by U.S. copyright laws and other laws and by international treaties. This BCS Evaluation Software License Agreement ("Agreement") accompanies the Evaluation Software. This copy of the Evaluation Software is licensed to you as the end user or to your employer ("Company") for Evaluation use as an end user. "You" as used in the remainder of this Agreement shall refer to the individual licensee, whether as an individual programmer or as a Company. 3. LICENSE GRANTS Subject to the terms and conditions of this Agreement, BCS grants to you the non-exclusive, non-transferable, non-concurrent right to use the Evaluation software on a single computer by a single individual user. YOU HAVE NO RIGHTS TO USE THE LICENSED SOFTWARE BEYOND THOSE SPECIFICALLY GRANTED IN THIS SECTION. 4. LICENSE RESTRICTIONS (a) Notwithstanding any provisions in this Agreement to the contrary, you may not distribute: (i) any executable delivered with the Licensed Software, (ii) any portion of the Documentation, (b) In addition, you may not: (i) decompile, disassemble, or reverse engineer any object code form of any portion of the Software, (ii) export from the United States any portion of the Software without obtaining the prior written consent of BCS and all applicable export licenses and governmental permits, (iii) copy the Documentation, including any Documentation available in on-line form (except that, with respect to Documentation available only in on-line form, you may make a single tangible copy solely for use with the Licensed Software), or 5. TITLE You acknowledge and agree that all right, title and interest in and to the Software, including all intellectual property rights therein, are the property of BCS, subject only to the licenses granted to you under this Agreement. This Agreement is not a sale and does not transfer to you any title or ownership in or to the Software or any patent, copyright, trade secret, trade name, trademark or other proprietary or intellectual property rights related thereto. 6. NON-TRANSFERABILITY You may not rent, transfer, assign, sublicense or grant any rights in the Software, in full or in part, to any other person or entity without BCS's written consent. 7. LIMITATION OF LIABILITY IN NO EVENT SHALL BCS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, REVENUES, DATA OR OTHER ECONOMIC ADVANTAGE) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF BCS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. TERMINATION BCS reserves the right, at its sole discretion, to terminate this Agreement upon written notice if you have breached the terms and conditions hereof. You may terminate this Agreement at any time by ceasing to use the Licensed Software and by returning all copies of the Licensed Software (including the original) to BCS or by destroying all copies of the Licensed Software (including the original). Sections 3, 4, 5, 6, 7, 8 and 9 survive any termination of this Agreement and apply fully to any termination. Unless terminated by either party, this Agreement shall remain in effect. 9. MISCELLANEOUS (a) Applicable Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Washington without regard to conflict of laws principles and without regard to the 1980 U.N. Convention on Contracts for the International Sale of Goods. The federal and state courts of Washington shall have exclusive jurisdiction and venue to adjudicate any dispute arising out of this Agreement, and you expressly consent to (i) the personal jurisdiction of the state and federal courts of Washington, and (ii) service of process being effected upon you by registered mail. (b) Limitation of Actions. No action or proceeding against BCS, whether for breach, indemnification, contribution, or otherwise, shall be commenced more than one year after delivery of the Software, and no such claim may be brought unless BCS has first been given commercially reasonable notice, a full written explanation of all pertinent details (including copies of all materials), and a good faith opportunity to resolve the matter. (c) Invalidity and Waiver. Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions of this Agreement, unless waived in writing, will not constitute a waiver of that party's right to enforce each and every term and condition of this Agreement. (d) This application is designed to work with software products licensed and owned by third parties (Brio Technology Inc, and PeopleSoft Inc). To use this product with those software products, you must own a valid license for the respective software products. (e) The security utilized to encrypted passwords or other data in User Monitor for Oracle should prevent most hackers from accessing the data. No encryption is 100% secure, so reasonable steps should be taken to protect this program and any User Monitor for Oracle files that contain encrypted data from unauthorized users. Use User Monitor for Oracle features that contain encrypted data at your own risk. (f) U.S. Government Restricted Rights. The Licensed Software is provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Business Computing Solutions LLC, P.O Box 1953, Issaquah WA 98027 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND BCS WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.