IBM LICENSE AGREEMENT

BY RESPONDING "Yes" TO THE QUERY BELOW, LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT. IF LICENSEE DOES NOT AGREE TO ANY OF THE TERMS BELOW, IBM IS UNWILLING TO LICENSE THE LICENSED SOFTWARE (AS DEFINED BELOW) TO LICENSEE, AND LICENSEE SHOULD CLICK ON THE "REFUSE" BUTTON BELOW

This software is licensed, not sold by International Business Machines Corporation, or its subsidiaries ("IBM"), for use only by you and other Users
authorized in writing from IBM. Except as IBM agrees otherwise in writing, these provisions also apply to the use of the software, provision of related service, and accompanying materials ("Software"): if with third party products or services. Software may be used only in conjunction therewith. No permanent transfer in any form except to a third party bound by these provisions and in a jurisdiction enforcing IBM's copyrights, with notice thereof to IBM: no rental, lease or time-sharing: no disturbance of any notices of copyright, patent, trademark, trade secret, or confidentiality: subject to the last paragraph below, New York law applies without choice of law principles; the United Nations Convention on Contracts for the International Sale of Goods is inapplicable; no ownership interest is conveyed; user hereby assures it will, at its expense, comply with all applicable laws, regulations and executive orders, including local and United States versions of the same on export or re-export of the Software; this Agreement and limited license will terminate upon the earlier of (1) expiration of the copyrights in the Software, (2) at IBM's option, your breach of the Agreement, and (3) termination by you: upon termination, you will destroy all copies of the Software. IBM reserves all rights to injunctive relief. All rights not granted are reserved.

Except as permitted at law, reverse engineering, decompilation and other source code derivation are prohibited.

IBM warrants to the authorized user(s) that, for a period of 90 days from the date of receipt of the Software by User, any software medium provided by IBM will be free from defects in workmanship and materials. IBM's sole obligation, and user's sole and exclusive remedy, for breach of the foregoing warranty is to repair or replace the medium, or, at the discretion of IBM, to refund the related license fee. IBM MAKES NO OTHER EXPRESS OR IMPLIED CONDITION OR WARRANTY TO THE EXTENT PERMISSIBLE AT LAW, AND SPECIFICALLY DISCLAIMS ANY CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT FOR DAMAGES FOR BODILY INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, LIABILITY OF IBM OR ITS LICENSORS ARISING FROM THE LICENSE OR USE OF THE SOFTWARE OR PROVISION OF SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY INCLUDING
WITHOUT LIMITATION CONTRACT, STRICT LIABILITY, OR NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF THE RELATED LICENSE OR SERVICE FEE; AND SPECIFICALLY, IN NO EVENT WILL IBM OR ITS LICENSORS BE LIABLE FOR LOST PROFITS, OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, EVEN IF ADVISED O THE PROSPECT OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION ON IMPLIED CONDITIONS, WARRANTIES OR DAMAGES, SO SOME OR ALL OF THE FOREGOING MAY NOT APPLY TO YOU.

Software acquired with United States Federal Government funds or intended for use within or for any United States federal agency are provided with "Restricted Rights" as defined in DRARS 252.227-7013( c )(1)(ii) or FAR 52.227-19.

THIS SOFTWARE AND THIS AGREEMENT ARE SUBJECT TO YOUR JURISDICTION'S LAWS AND AGREEMENTS ON INTELLECTUAL PROPERTY, INCLUDING COPYRIGHT LAWS, UNAUTHORIZED USE OR COPYING MAY SUBJECT YOU AND YOUR COMPANY TO SEVERE CIVIL AND CRIMINAL LIABILITIES.

"User," for Products licensed on a per user basis, is defined as the maximum number of connections to the Software at any one instance in time; therefore, when an individual has multiple connections, each connection is a User. A multiplexing front end, such as a transaction manager, does not reduce the number of connections from the clients to the multiplexing front end, rather than the smaller number of connections from the multiplexing front end to the database. Licensee can license any number of Users for a Product, provided that this is at least the required minimum number of Users per CPU for such Product. "CPU" means the central processing unit microprocessor in a system.

Important: This Software contains serial numbers, which are required to install and register IBM software. Each installation of IBM software requires use of a different serial number. The serial numbers are only to be used with media received from IBM that has the exact same part number as is noted herein.

Third parties may copyright portions of this software, as set forth in the documentation.