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DO NOT TRANSLATE OR LOCALIZE. FactoryTalk VantagePoint Log4Net 1.2.10.0 and quart4net 1.0.1665.

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Crystal Xcelsius Workgroup Designer: Use of any of this software is governed by the terms of the licenses set below: CRYSTAL XCELSIUS ENTERPRISE XE CONNECTED PRESENTATION ACCESS LICENSE The following is a Connected Presentation Access License (CPAL) for: FactoryTalk VantagePoint

PLEASE CAREFULLY READ ALL OF THE TERMS AND CONDITIONS OF THIS CPAL AND RETAIN THIS DOCUMENT. BY EXERCISING ANY OF THE RIGHTS DESCRIBED BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CPAL AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS CPAL, YOU ARE NOT PERMITTED TO EXERCISE ANY OF THE RIGHTS BELOW. Agreement. This CPAL is a legal agreement between you (either an individual or a single entity) and Business Objects. (Business Objects). This CPAL provides you with the right to load, access, view and use Connected Presentations (as defined hereunder) which are embedded in FactoryTalk VantagePoint (the Product). For purposes of this CPAL Connected Presentations means a Macromedia Flash application created through use of Business Objectss proprietary Xcelsius software (the Software) that includes (i) embedded data extracted using the Software from a spreadsheet data file and (ii) the capability of establishing a connection to an external XML data source. 1. Limited License. Subject to the terms and limitations of this CPAL, Business Objects hereby grants to you a limited, worldwide, personal, nonexclusive, non-transferable, non-sublicensable license to load, access, view and use copies of Connected Presentations developed by Incuity Software, a Division of Rockwell Automation, Inc.(the Product Licensor) using the Software and embedded in the Product solely for your own internal business purposes. 2. Third Party Licenses. The licenses contained under this CPAL are conditioned upon your obtaining, and you hereby agree not to make any use of the Connected Presentations until you obtain, a license under any applicable third party intellectual property rights or other rights covering or necessary for your use of the Connected Presentations, including without limitation the Product and any other third party applications to present, display or view Connected Presentations. You acknowledge that this CPAL does not carry, and you do not receive, under this CPAL any license, covenant not to sue, or other rights under any third party intellectual property or other rights. 3. License Restrictions. You will not, nor permit others to: (a) use the Connected Presentations or any element thereof except as expressly permitted herein; (b) reverse engineer, decompile, disassemble, or extract any element of and/or otherwise discover any source code, algorithms, methods or techniques embodied in the Connected Presentations; (c) modify, transfer, assign, pledge, sublicense, rent, lease, sell, resell, publicly perform, publicly display or create derivative works based on the Connected Presentations; (d) distribute or otherwise share the Connected Presentations; (f) make copies of the Connected Presentations; or (g) otherwise make the Connected Presentations available to unlicensed users. 4. Ownership. Subject only to the limited license expressly set forth in Section 2 of this CPAL, you do not acquire any other rights, express or implied, in the Connected Presentations other than those rights expressly granted under this CPAL. 5. Disclaimer. BUSINESS OBJECTS DOES NOT OFFER ANY WARRANTIES EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE CONNECTED PRESENTATIONS. YOUR SOLE AND EXCLUSIVE REMEDY, IF ANY, IS WITH THE PRODUCT LICENSOR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONNECTED PRESENTATIONS ARE LICENSED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BUSINESS OBJECTS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CONNECTED PRESENTATIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BUSINESS OBJECTS OR ITS REPRESENTATIVE SHALL CREATE A WARRANTY. BUSINESS OBJECTS DOES NOT WARRANT THAT THE CONNECTED

PRESENTATIONS WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOULD THE CONNECTED PRESENTATIONS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE CONNECTED PRESENTATIONS. YOUR USE OF THE CONNECTED PRESENTATIONS IS ENTIRELY AT YOUR OWN RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, BUSINESS OBJECTS SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS CPLA, EVEN IF BUSINESS OBJECTS HAS BEN ADVISED OF THE RISK OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU (other than as may be required by applicable law in cases involving personal injury). IN NO EVENT WILL BUSINESS OBJECTSS AGGREGATE LIABILITY IN CONNECTION WITH THIS CPAL EXCEED THE FEES ACTUALLY OWED AND ACTUALLY PAID TO BUSINESS OBJECTS BY YOU UNDER THIS CPAL. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. The parties acknowledge that the limitations of liability in this Section and other provisions of this CPAL and the allocation of risk herein are an essential element of the bargain between the parties, without which Business Objects would not have entered into this CPAL. 7. Termination. This CPAL is effective until terminated. You may terminate this Connected Presentation License at any time by notifying Business Objects in writing. Business Objects may terminate this CPAL at any time upon your breach of any of the provisions hereof. This CPAL will automatically terminate upon termination for any reason of Product Licensors end user license agreement with Business Objects. Upon termination of this CPAL, you shall cease all use of Connected Presentations and destroy all Connected Presentations and related materials in your possession. 8. Governing Law. This CPAL and all matters arising out of or relating to this CPAL shall be governed by the internal laws of the State of California without giving effect to any choice of law rule. This CPAL shall not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California in connection with any claim, action, suit, or proceeding relating to this CPAL, except that either party may seek injunctive, equitable or similar relief from any court of competent jurisdiction. 9. Severability and Waiver. If any provision of this CPAL is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this CPAL, while the remainder of this CPAL will continue in full force and effect. The waiver by either party of any default or breach of this CPAL will not constitute a waiver of any other or subsequent default or breach. 10. No Assignment. You may not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this CPAL or any rights or obligations under this CPAL without the prior written consent of Business Objects which may be withheld in Business

Objectss sole discretion. Any purported assignment, transfer or delegation by you shall be null and void. Subject to the foregoing, this CPAL shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 11. Entire Agreement. This CPAL, constitutes the entire agreement between you and Business Objects and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this CPAL. This CPAL may not be modified or amended except in a writing signed by a duly authorized representative of each party; and no other act, document, usage or custom shall be deemed to amend or modify this CPAL. Custom Dashboards FactoryTalk VantagePoint Dashboard Builder can be used to create custom dashboards that will access data from the FactoryTalk VantagePoint Server. The Dashboard Builder is an application that FactoryTalk VantagePoint licenses from Business Objects called Crystal Xcelsius Workgroup Designer. In addition to the End User License Agreement accepted when installing Crystal Xcelsius Workgroup, users who have purchased this application as part of a FactoryTalk VantagePoint System are subject to the following additional agreement: CRYSTAL XCELSIUS ENTERPRISE XE DEVELOPER END USER LICENSE AGREEMENT PLEASE CAREFULLY READ ALL OF THE TERMS AND CONDITIONS OF THIS XCELSIUS ENTERPRISE XE DEVELOPER END USER LICENSE AGREEMENT AND KEEP A COPY OF IT FOR YOUR RECORDS. BY TAKING ANY STEPS TO INSTALL, LOAD, ACTIVATE OR USE THE SOFTWARE (DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, LOAD, ACTIVATE OR USE THE SOFTWARE AND PROVIDED YOU HAVE REFRAINED FROM THE FOREGOING, YOU MAY RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE. This Xcelsius Enterprise XE Developer End User License Agreement (Agreement) is between you (both the individual installing the Software and, if applicable, the legal entity on behalf of which such individual is acting) (You or Your) and Business Objects., a Delaware corporation (Business Objects). 1. DEFINITIONS

1.1 Connected Presentation means a Macromedia Flash application created through use of the Software that includes (i) embedded data extracted using the Software from a spreadsheet data file and (ii) the capability of establishing a connection to an external data source. 1.2 Connected Presentation Access License or CPAL means the terms and conditions under which Named Viewers are licensed to install, load, access, view and use the Connected Presentations developed through your use of the Software. 1.3 Documentation means the user guides, manuals and other documentation provided to You by Business Objects. 1.4 Embedded Code means certain portions of the Software that are necessarily included within the Self-Contained Presentations and Connected Presentations developed through Your use of the Software.

1.5 Named Viewer means an end user who has been licensed to load, access, view and use a Connected Presentation pursuant to a CPAL. 1.6 Self-Contained Presentation means a presentation created by You through use of the Software that (i) includes embedded data extracted by You using the Software from a spreadsheet data file and (ii) does not include the capability of establishing a connection to any external data source. 1.7 Software means Business Objectss Xcelsius Enterprise XE Developer software, in object code format only, along with the Documentation and any updates, supplements and add-on components that Business Objects may make available to you at its sole discretion after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms and conditions. 2. LICENSES; LICENSE RESTRICTIONS

2.1 License Grant. Subject to the terms and conditions of this Agreement, Business Objects hereby grants to You a limited, worldwide, personal, nonexclusive, non-transferable, non-sublicenseable, revocable license to: (a) install and load one copy of the Software onto a single personal computer, provided that (i) the Software is not made available over a shared network, and (ii) such installation is in accordance with the user guides for the Software; (b) permit a single end user (e.g., You or if you are entering into this Agreement on behalf of an entity, an employee or consultant of such entity) per licensed copy to use the Software solely for Your own internal business purposes to develop Self-Contained Presentations and Connected Presentations; (c) use the Documentation provided with the Software in support of Your authorized use of the Software; (d) use Connected Presentations and Self-Contained Presentations developed by You for your own internal business purposes; (e) distribute Connected Presentations created by You only to licensed Named Viewers for their internal business purposes provided such distribution is not pursuant to a commercial sale, rental, or lease of the Connected Presentations (whether alone or in combination with another program or product); (f) distribute Self-Contained Presentations to an unlimited number of end users (including the Embedded Code (object code format), but solely as an integrated and incorporated portion of Self-Contained Presentations and solely as necessary for end users to view and interact with the Self-Contained Presentations) provided such distribution is not pursuant to a commercial sale, rental, or lease of the Self-Contained Presentation (whether alone or in combination with another program or product); and (g) make one (1) back-up copy of each licensed copy of the Software in object code format only, for archival or backup purposes, provided that all titles and trademark, copyright and restricted rights notices contained in the Software are reproduced on all such copies. 2.2 Third Party Licenses. The licenses contained under this Agreement are conditioned upon Your obtaining, and You hereby agree not to make any use of the

Software until You obtain, a license under any applicable third party intellectual property rights or other rights covering or necessary for Your use of the Software, including without limitation any appropriate licenses to use third party applications to create and modify a spreadsheet data file and third party applications to present, display or view Self-Contained Presentations and Connected Presentations. You acknowledge that the Software does not carry, and You do not receive, under this Agreement any license, covenant not to sue, or other rights under any third party intellectual property rights or other rights. 2.3 License Restrictions. You will not, nor permit others to: (a) use the Software (including the Documentation), Self-Contained Presentations, Connected Presentations or any element thereof except as expressly permitted herein; (b) reverse engineer, decompile, disassemble, or extract any element of and/or otherwise discover any source code, algorithms, methods or techniques embodied in the Software or Embedded Code, except to the extent expressly permitted by applicable law notwithstanding contractual obligations to the contrary and then only after (i) You have notified Business Objects in writing of Your intended activities and the information sought and (ii) Business Objects fails to provide such information within a reasonable period of time following such notice; (c) modify, transfer, assign, pledge, sublicense, rent, lease, sell, resell, publicly perform, publicly display or create derivative works based on the Software; (d) distribute or otherwise share the Software, Self-Contained Presentations or Connected Presentations except as expressly permitted in Section 2.1; (e) permit more than one individual to use a licensed copy of the Software; (f) use more than one copy of the Software or make copies of the Software or Connected Presentations other than as expressly permitted under Section 2.1; or (g) otherwise make the Software or Connected Presentations available to unauthorized users. 3. OWNERSHIP. You own the media on which the Software is recorded but receive only a license to the Software. As between Business Objects and You, Business Objects retains all right, title and interest (including all intellectual property rights and other rights) in and to the Software, including without limitation the Documentation, Embedded Code, and updates of any of the foregoing) subject only to the limited licenses expressly set forth in Section 2.1 of this Agreement. You do not acquire any other rights, express or implied, in the Software other than those rights expressly granted under this Agreement. 4. WARRANTIES; LIMITATION OF LIABILITY 4.1 Warranties. Business Objects warrants the media on which the Software is recorded and delivered by Business Objects to you will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date delivered to you. Your exclusive remedy under this Section shall be, at Business Objectss option, a refund of the purchase price actually paid for the Software or a replacement of the media on which the Software is recorded. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU

SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. 4.2 Disclaimer. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BUSINESS OBJECTS AND ITS LICENSORS (COLLECTIVELY REFERRED TO AS "BUSINESS OBJECTS" FOR THE PURPOSES OF SECTION 4) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BUSINESS OBJECTS OR ITS REPRESENTATIVE SHALL CREATE A WARRANTY. BUSINESS OBJECTS DOES NOT WARRANT THAT THE SOFTWARE PROVIDED BY BUSINESS OBJECTS WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERRORFREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MEDIA ON WHICH THE SOFTWARE IS PROVIDED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SOFTWARE PROVIDED BY BUSINESS OBJECTS. YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 4.3 Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, BUSINESS OBJECTS SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, EVEN IF BUSINESS OBJECTS HAS BEN ADVISED OF THE RISK OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY). IN NO EVENT WILL BUSINESS OBJECTSS AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT EXCEED THE FEES ACTUALLY OWED AND ACTUALLY PAID TO BUSINESS OBJECTS BY YOU FOR THE SOFTWARE. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. The parties acknowledge that the limitations of liability in this Section 4.3 and in the other provisions of this Agreement and the allocation of risk herein are an essential element of the bargain between the parties, without which Business Objects would not have entered into this Agreement. Business Objectss pricing reflects this allocation of risk and the limitation of liability specified herein. 5. INDEMNITY.

You agree to defend Business Objects against any third party suits, actions, claims or proceedings (i) alleging that the Connected Presentation Files or the Self-Contained Presentations developed by you infringe a third partys intellectual property rights, except to the extent that the infringement directly relates to the Software alone and (ii) resulting from any failure by You to comply with any term, provision or obligations under this Agreement, and You agree to indemnify and hold Business Objects harmless from all damages,

liabilities, costs and expenses, including reasonable attorneys fees, incurred by or awarded against Business Objects that may result from any such third party claim. 6. TERMINATION.

This Agreement is effective until terminated. You may terminate this Agreement at any time by notifying Business Objects in writing. Business Objects may terminate this Agreement at any time upon your breach of any of the provisions hereof. Upon termination of this Agreement, You will cease all use of the Software (including without limitation the Documentation), return to Business Objects or destroy the Software and all Documentation and related materials in your possession (and all copies of any of the foregoing), and so certify to Business Objects. Sections 2.3, 3, 4, 5, 6 and 7 will survive any termination of this Agreement.

7.

GENERAL TERMS

7.1 Governing Law. This Agreement and all matters arising out of or relating to this Agreement shall be governed by the internal laws of the State of California without giving effect to any choice of law rule. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California in connection with any claim, action, suit, or proceeding relating to this Agreement, except that either party may seek injunctive, equitable or similar relief from any court of competent jurisdiction. 7.2 Severability and Waiver. If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this Agreement, while the remainder of this Agreement will continue in full force and effect. The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach. 7.3 No Assignment. You may not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this Agreement or any rights or obligations under this Agreement without the prior written consent of Business Objects which may be withheld in Business Objectss sole discretion. Any purported assignment, transfer or delegation by you shall be null and void. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 7.4 Export Administration; Government Users. You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively Export Controls). Without limiting the generality of the foregoing, You will not, and You will require Your representatives not to, export, direct or transfer the Software or any direct product thereof (including, without limitation, the

Connected Presentations and the Self-Contained Presentations), to any destination, person or entity restricted or prohibited by the Export Controls. If You are an agency or instrumentality of the United States Government, the Software constitutes commercial computer software and commercial computer software documentation, and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of the Software are governed by the terms of this Agreement. The manufacturer of this Software is Business Objects., 10509 Vista Sorrento Parkway, Suite 317, San Diego, CA 92121 . 7.5 Entire Agreement. This Agreement and any CPAL acquired by You, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party; and no other act, document, usage or custom shall be deemed to amend or modify this Agreement. In the event of any conflict between the CPAL and this Agreement, this Agreement shall control. Microsoft SQL Server 2005, Standard Edition Runtime-Restricted Use Software: Use of any of this software is governed by the terms of the licenses set below: Microsoft SQL Server 2005, Standard Edition Runtime-Restricted Use Software Server Licenses: Processor Licenses: User Client Access Licenses: Device Client Access Licenses: These license terms are an agreement between the licensor of the software application or suite of applications with which you acquired the Microsoft software (Licensor) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft * updates, * supplements, and * Internet-based services for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the place of purchase for a refund or credit. These terms supersede any electronic terms which may be contained within the software. If any of the terms contained within the software conflict with these terms, these terms will control. Each license for the software is acquired under either the Server + Client Access License model or the Per Processor license model, and may not be changed. If you comply with these license terms you have the rights below for each software license you acquire or each server you appropriately license, as further explained in sections 2 and 3. 1. OVERVIEW. a. Software. The software includes * server software; and

* additional software that may only be used with the server software directly, or indirectly through other additional software. b. License Models. The software is licensed based on either: * the number of instances of server software that you run and the number of devices and users that access instances of the server software (see section 2 Terms Specific to the Server + Client Access License Model); or * the number of physical and virtual processors used by operating system environments in which you run instances of the server software (see section 3 Terms Specific to the Per Processor License Model). c. Definitions. * Instance. You create an instance of software by executing the softwares setup or install procedure. You also create an instance of software by duplicating an existing instance. References to software in this agreement include instances of the software. * Run an Instance. You run an instance of software by loading it into memory and executing one or more of its instructions. Once running, an instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory. * Operating System Environment. An operating system environment is one instance of an operating system and instances of applications, if any, configured to run on that operating system instance. There are two types of operating system environments, physical and virtual. A physical operating system environment is configured to run directly on a physical hardware system. A virtual operating system environment is configured to run on a virtual (or otherwise emulated) hardware system. A physical hardware system can have either or both of the following: o one physical operating system environment o one or more virtual operating system environments * Server. A server is a physical hardware system capable of running server software. A hardware partition or blade is considered to be a separate physical hardware system. * Physical and Virtual Processors. A physical processor is a processor in a physical hardware system. Physical operating system environments use physical processors. A virtual processor is a processor in a virtual (or otherwise emulated) hardware system. Virtual operating system environments use virtual processors. A virtual processor is considered to have the same number of threads and cores as each physical processor on the underlying physical hardware system. * Assigning a Software License. To assign a software license means simply to designate that license to one server. * Unified Solution. A unified solution means a software product licensed to you by or on behalf of Licensor which: includes the software licensed under this agreement, adds significant and primary functionality to such software, and may include software acquired from a third party. A unified solution includes any additional functionality, modules, or other applications that are part of or that interoperate with or otherwise use such software, whether directly or indirectly through the unified solution and are distributed at the same time with the initial unified solution. However, a unified solution does not include any additional functionality, modules, or other applications that are part of or that interoperate with or otherwise use such software, whether directly or indirectly through the unified solution and are distributed at a different time from the initial unified solution. 2. TERMS SPECIFIC TO THE SERVER + CLIENT ACCESS LICENSE MODEL. a. Assigning the License to the Server. 1. Before you run any instance of the server software under a software license, you must assign that license to one of your servers. That server is the licensed

server for that particular license. You may assign other software licenses to the same server, but you may not assign the same license to more than one server. A hardware partition or blade is considered to be a separate server. 2. You may reassign a software license, but not within 90 days of the last assignment. You may reassign a software license sooner if you retire the licensed server due to permanent hardware failure. If you reassign a license, the server to which you reassign the license becomes the new licensed server for that license. b. Running Instances of the Server Software. You may run any number of instances of the server software in one physical or virtual operating system environment on the licensed server at a time. c. Running Instances of the Additional Software. You may run or otherwise use any number of instances of additional software listed below on any number of devices. You may use additional software only with the server software directly, or indirectly through other additional software. * Analysis Services Shared Tools * Business Intelligence Development Studio * SQL Server 2005 Books Online * Connectivity Components * Legacy Components * Management Tools * Notification Services Client Components * Reporting Services Report Manager * Reporting Services Shared Tools * SQL Server 2005 Shared Tools * Software Development Kit * SQLXML Client Features * SQL Server Mobile Server Tools d. Creating and Storing Instances on Your Servers or Storage Media. You have the additional rights below for each software license you acquire. * You may create any number of instances of the server software and additional software. * You may store instances of the server software and additional software on any of your servers or storage media. * You may create and store instances of the server software and additional software solely to exercise your right to run instances of the server software under any of your software licenses as described above (e.g., you may not distribute instances to third parties). e. Included Microsoft Programs. The software contains other Microsoft programs. The license terms with those programs apply to your use of them. f. Client Access Licenses (CALs). i. In addition to the software license, you must acquire the appropriate CAL for each device or user that accesses instances of the server software directly or indirectly. * You may not access instances of the server software under Workgroup Edition CALs. * You do not need a CAL for any of your servers licensed to run instances of the server software. * You do not need a CAL for up to two devices or users to access instances of the server software only to administer those instances. * Your CALs permit access to instances of earlier versions, but not later versions, of the server software. ii. Types of CALs. There are two types of CALs: one for devices and one for users. Each device CAL permits one device, used by any user, to access instances of the server software on your licensed servers. Each user CAL

permits one user, using any device, to on your licensed servers. You may use iii. Reassignment of CALs. You may * permanently reassign your device CAL CAL from one user to another; or * temporarily reassign your device CAL is out of service, or your user CAL to absent.

access instances of the server software a combination of device and user CALs. from one device to another, or your user to a loaner device while the first device a temporary worker while the user is

g. Runtime-Restricted Use Software. The software is Runtime-Restricted Use software; as such, it may only be used to run the unified solution solely as part of the unified solution. The software may not be used either (i) to develop any new software applications, (ii) in conjunction with any software applications, databases or tables other than those contained in the unified solution, and/or (iii) as a standalone software application. The foregoing provision, however, does not prohibit you from using a tool to run queries or reports from existing tables. A CAL permits you to access instances of only the Runtime-Restricted User version of the server software licensed and delivered to you as part of the unified solution, in accordance with the other terms of the agreement. 3. TERMS SPECIFIC TO THE PER-PROCESSOR LICENSE MODEL. a. Licensing a Server. Before you run instances of the server software on a server, you must determine the required number of software licenses and assign those licenses to that server as described below. i. Determining the Number of Licenses Required. You must first determine the number of software licenses you need. The total number of software licenses required for a server equals the sum of the software licenses required under (A) and (B) below. A. To run instances of the server software in the physical operating system environment on a server, you need a software license for each physical processor that the physical operating system environment uses. B. To run instances of the server software in virtual operating system environments on a server, you need a software license for each virtual processor that each of those virtual operating system environments uses. If a virtual operating system environment uses a fraction of a virtual processor, the fraction counts as a full virtual processor. b. Assigning the Required Number of Licenses to the Server. i. After you determine the number of software licenses you need for a server, you must assign that number of software licenses to that server. That server is the licensed server for all of those licenses. You may not assign the same license to more than one server. A hardware partition or blade is considered to be a separate server. ii. You may reassign the software license, but not within 90 days of the last assignment. You may reassign a software license sooner if you retire the licensed server due to permanent hardware failure. If you reassign a license, the server to which you reassign the license becomes the new licensed server for that license. c. Running Instances of the Server Software. For each server to which you have assigned the required number of software licenses, you may run, at any one time, any number of instances of the server software in physical and virtual operating system environments on the licensed server. However, the total number of physical and virtual processors used by those operating system environments cannot exceed the number of software licenses assigned to that server. d. Running Instances of the Additional Software. You may run or otherwise use any number of instances of additional software listed below on any number of

devices so long as they are used only in conjunction with the unified solution. You may use additional software only with the server software directly, or indirectly through other additional software. * Analysis Services Shared Tools * Business Intelligence Development Studio * SQL Server 2005 Books Online * Connectivity Components * Legacy Components * Management Tools * Notification Services Client Components * Reporting Services Report Manager * Reporting Services Shared Tools * SQL Server 2005 Shared Tools * Software Development Kit * SQLXML Client Features * SQL Server Mobile Server Tools e. Creating and Storing Instances on Your Servers or Storage Media. You have the additional rights below for each software license you acquire. * You may create any number of instances of the server software and additional software. * You may store instances of the server software and additional software on any of your servers or storage media. * You may create and store instances of the server software and additional software solely to exercise your right to run instances of the server software under any of your software licenses as described above (e.g., you may not distribute instances to third parties). f. Included Microsoft Programs. The Software contains other Microsoft programs. The license terms with those programs apply to your use of them. g. Runtime-Restricted Use Software. The software is Runtime-Restricted Use software; as such, it may only be used to run the unified solution solely as part of the unified solution. The software may not be used either (i) to develop any new software applications, (ii) in conjunction with any software applications, databases or tables other than those contained in the unified solution, and/or (iii) as a standalone software application. The foregoing provision, however, does not prohibit you from using a tool to run queries or reports from existing tables. 4. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Multiplexing. Hardware or software you use to: * pool connections, * reroute information, * reduce the number of devices or users that directly access or use the software, or * reduce the number of devices or users the software directly manages, (sometimes referred to as multiplexing or pooling), does not reduce the number of licenses you need. b. Fail-over Rights. For any operating system environment in which you run instances of the server software, you may run up to the same number of passive fail-over instances in a separate operating system environment for temporary support. If you have licensed the server software under the Per Processor licensing model, the number of processors used in that separate operating system environment must not exceed the number of processors used in the corresponding operating system environment in which the active instances are running. You may run the passive fail-over instances on a server other than the licensed server. c. No Separation of Server Software. You may not use the server software in more than one operating system environment under a single license, unless expressly permitted. This applies even if the operating system environments are on the same physical hardware system.

d. .NET Framework Software. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software. e. Microsoft Operations Manager (MOM) Management Packs. The software may contain MOM Management Packs. This data is part of MOM. The license terms for MOM apply to your use of these MOM Management Packs. f. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. The code and text files listed below are Distributable Code. * Sample Code. You may modify, copy, and distribute the source and object code form of code marked as sample. * Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must * add significant primary functionality to it in your programs; * require distributors and external end users to agree to terms that protect it at least as much as this agreement; * display your valid copyright notice on your programs; and * indemnify, defend, and hold harmless Licensor and Microsoft from any claims, including attorneys fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not * alter any copyright, trademark or patent notice in the Distributable Code; * use Microsofts trademarks in your programs names or in a way that suggests your programs come from or are endorsed by Microsoft; * distribute Distributable Code to run on a platform other than the Windows platform; * include Distributable Code in malicious, deceptive or unlawful programs; or * modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that o the code be disclosed or distributed in source code form; or o others have the right to modify it. 5. BENCHMARK TESTING. You must obtain Microsoft's prior written approval to disclose to a third party the results of any benchmark test of the software. However, this does not apply to the Microsoft .NET Framework (see below). 6. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework 3.0 (.NET Components). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at http://go.microsoft.com/fwlink/? LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406. 7. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Licensor and Microsoft reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not * work around any technical limitations in the software;

* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; * publish the software for others to copy; * rent, lease or lend the software; or * use the software for commercial software hosting services. Rights to access the server software do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access the server. 8. BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software. 9. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 10. NOT FOR RESALE SOFTWARE. You may not sell software marked as NFR or Not for Resale. 11. ACADEMIC EDITION SOFTWARE. You must be a Qualified Educational User to use software marked as Academic Edition or AE. If you do not know whether you are a Qualified Educational User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country. 12. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, this agreement, and CALs, directly to another end user as part of a transfer of the integrated software turnkey application or suite of applications (the Unified Solution) delivered to you by or on behalf of the Licensor solely as part of the Unified Solution. Before the transfer, that end user must agree that this agreement applies to the transfer and use of the software. The first user may not retain any instances of the software unless that user also retains another license for the software. 13. Software Transfer-Internal. For software that is licensed under Section 2 (Terms Specific to the Server + Client Access Model): You may move the server software to a different server as part of the unified solution. Software Transfer To A Third Party. The initial user of the software may make a one-time transfer of the software to another end user as part of the transfer of the unified solution. The transfer must contain all component parts, media, printed materials, this agreement, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred software must agree to all the terms within this agreement, including without limitation the runtime restriction specified above. CAL Transfer-Internal. You may make a one-time transfer of a Runtime-Restricted Use CAL to another of your devices or users as part of a transfer of the unified solution. CAL Transfer to a Third Party. The initial end user of the CAL may make a one-time transfer of this Runtime-Restricted Use CAL to another third party end user as part of a transfer of the unified solution. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred CAL must agree to all the terms of the CAL, including without limitation the runtime restriction specified above. No Rental. You may not rent, lease, or lend the CAL. For software that is licensed under Section 3 (Terms Specific to the PerProcessor License Model): You may move the server software to a different server as part of the unified solution. Transfer To A Third Party. The initial user of the software may make a one-time transfer of the software to another end user as part of the transfer of the unified solution. The transfer must contain all component parts, media, printed materials, this agreement, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a

consignment. Prior to the transfer, the end user receiving the transferred software must agree to all the terms within this agreement, including without limitation the runtime restriction specified above. 14. ENTIRE AGREEMENT. This agreement and the terms for supplements, updates and Internet-based services that you use, are the entire agreement for the software. 15. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the Licensor from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 16. NOT FAULT TOLERANT. THIS SOFTWARE IS NOT FAULT TOLERANT. LICENSOR HAS INDEPENDENTLY DETERMINED HOW TO USE THIS SOFTWARE IN THE INTEGRATED SOFTWARE APPLICATION OR SUITE OF APPLICATIONS THAT IT IS LICENSING TO YOU, AND MICROSOFT HAS RELIED ON LICENSOR TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE. 17. NO WARRANTIES BY MICROSOFT. YOU AGREE THAT IF YOU HAVE RECEIVED ANY WARRANTIES WITH REGARD TO EITHER (A) THE SOFTWARE, OR (B) THE SOFTWARE APPLICATION OR SUIE OF APPLICATIONS WITH WHICH YOU ACQUIRED THE SOFTWARE, THEN THOSE WARRANTIES ARE PROVIDED SOLELY BY THE LICENSOR AND DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MICROSOFT. 18. NO LIABILITY OF MICROSOFT FOR CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR THE SOFTWARE APPLICATION OR SUITE OF APPLICATIONS WITH WHICH YOU ACQUIRED THE SOFTWARE, INCLUDING WITHOUT LIMITATION, PENALTIES IMPOSED BY GOVERNMENT. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MICROSOFT BE LIABLE FOR ANY AMOUNT IN EXCESS OF TWO HUNDRED FIFTY U.S. DOLLARS (US$250.00). Microsoft and SQL Server are registered trademarks of Microsoft Corporation in the United States and/or other countries.