SYBASE, INC. SOFTWARE DOWNLOAD LICENSE AGREEMENT NOTICE TO USER: BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THEM CAREFULLY. THIS SOFTWARE DOWNLOAD LICENSE AGREEMENT (THE "AGREEMENT") ACCOMPANIES THE PERL DRIVER PROGRAM AND RELATED EXPLANATORY MATERIALS (THE "PROGRAMS"). THE TERM "PROGRAMS" ALSO SHALL INCLUDE ANY MODIFIED VERSIONS OR UPDATES OF THE PROGRAMS PROVIDED TO YOU BY SYBASE. AT THE END OF THIS AGREEMENT, YOU WILL BE ASKED TO ACCEPT IT TO CONTINUE TO INSTALL THE PROGRAMS. IF YOU DO NOT ACCEPT THIS AGREEMENT YOU MAY NOT DOWNLOAD THE PROGRAMS. UPON YOUR ACCEPTANCE OF THIS AGREEMENT, SYBASE GRANTS YOU A LIMITED, NON-EXCLUSIVE LICENSE TO USE THE PROGRAMS AS FOLLOWS: 1.LICENSE GRANT. Subject to the terms and conditions of this Agreement, You are granted a non-exclusive, non-transferable, royalty free license to: (a) reproduce, install and use the Programs solely for your internal business purposes; (b) reproduce and distribute the unmodified Programs : (i) on a stand-alone basis; or (ii) incorporated into an application developed by You using the Adaptive ServerŪ Anywhere program (or SQL Anywhere program) licensed by you under the terms of a separate license agreement entered into between You and Sybase, Inc. ("Your Application"); 2.LICENSE RESTRICTIONS; DISTRIBUTION REQUIREMENTS. In consideration for and as a condition to exercising the rights granted under 1(b) above, You agree that: (a) If You are distributing the Programs on a stand-alone basis, in the form made available to you by Sybase, You will include a copy of this license Agreement with the Programs; (b) If You are distributing the Programs incorporated into Your Application, You will distribute the Programs pursuant to a written agreement between You and your end user, which at a minimum, substantially containsincludes the substance of the provisions in Sections 3,4,6,8,9 and 10 of this Agreement; (c) You are not authorized to distribute the Adaptive Server Anywhere program or portions thereof unless authorized to do so under the terms of a written agreement entered into between You and Sybase, Inc.; (d) You will not charge a fee for the Programs, although You may charge a fee for Your Application; (e) You will not use any Sybase product name, logo(s) or trademarks in connection with Your Application unless authorized to do so under the terms of a written agreement entered into between You and Sybase, Inc.; (f) Sybase reserves all rights not expressly granted; (g) You agree to defend, indemnify and hold Sybase harmless from and against all claims, liabilities, damages and suits (collectively "Claims"), including reasonable attorneys' and expert fees arising out of or in connection with the use or distribution of the Programs, except to the extent that such claim is directly based on the unmodified Programs as originally provided by Sybase; (h) Sybase will have no obligation to provide support to You or your end users in connection with the Programs. 3.COPY RESTRICTIONS AND OTHER RESTRICTIONS. Except as specifically permitted in the documentation, you may not modify or adapt the Programs in whole or in part (including but not limited to translating or creating derivative works) or reverse engineer, decompile or disassemble the Programs (except to the extent applicable laws specifically prohibit such restriction). You may not use the Programs for timesharing, rental or service bureau purposes. You shall not remove any copyright notices or other proprietary notices from the Programs or Documentation and you must reproduce such notices on all copies or extracts of the Programs and Documentation. Results of benchmark or other performance tests run on the Programs may not be disclosed to any third party without Sybase's prior written consent. 4.COPYRIGHT AND OWNERSHIP. The Programs are owned by Sybase, its subsidiaries or their suppliers and are protected by copyright laws and international treaty provisions. You acquire only the non-exclusive right to use the Programs as permitted herein and do not acquire any rights of ownership in the Programs. 5.SUPPORT. These download Programs are provided on an "as is" basis and are unsupported. This Agreement does not entitle you to any maintenance or other services or any updates or new versions of the Programs. 6.U.S. GOVERNMENT RESTRICTED RIGHTS. The Programs are restricted commercial computer software. If this license is acquired under a U.S. Government contract, Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement or in a written license agreement which incorporates applicable FAR provisions, for example FAR subparagraphs 52.227-19. Sybase reserves all unpublished rights under the United States copyright laws. 7.TERMINATION. This Agreement and your license to use the Programs will continue so long as you remain in compliance with the terms and conditions of this AgreementSybase reserves the right to revise or terminate this Agreement upon notice to You. Notice may be posted online, or sent via email or postal mail to the address you provided during registration. All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement. Termination of this Agreement will not affect any licenses to use the Programs properly granted prior to such termination. Sybase may immediately terminate your license to use the Programs on notice to you if you breach any of your obligations hereunder. Upon termination of your license to use the Programs, you shall cease using the Programs and shall destroy all copies of the Programs (and associated Documentation) in any form. All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement. Termination will not affect any licenses to the Programs proprly granted by You prior to such termination. 8.LIMITED WARRANTY. The Programs are provided AS IS, without any warranty whatsoever. You assume the full responsibility for the selection of the Programs to achieve your intended results and for the installation, use and results obtain from the Programs. SYBASE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. 9.LIMITATION ON LIABILITY. NEITHER SYBASE, ITS SUBSIDIARIES NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10.EXPORT. You agree to fully comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that neither the Programs or any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical or biological weapons production. 11.GOVERNING LAW; COMPLETE AGREEMENT. This Agreement constitutes the complete agreement between the parties with respect to the Programs and is governed by the laws of the State of California (other than its conflict of law provisions). BY SELECTING BELOW "YES I AGREE TO THE ABOVE CONDITIONS", YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT, THAT YOU ARE DULY AUTHORIZED TO DO SO AND THAT YOU REPRESENT AND WARRANT YOUR COMPLIANCE WITH EACH OF THE FOLLOWING STATEMENTS: 1. You are not a citizen, national or resident of, or under the control of the government of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Yugoslavia or any other country to which the United States has prohibited export. 2. You will not export or re-export the Programs, directly or indirectly, to the above mentioned countries nor to citizens, natonals or residents of those countries. You are not listed on the U.S Department of Commerce Table of Denial Orders and you agree not export or re-export the Programs, directly or indirectly, to persons on this list. You agree not to use, or permit the use of, the Programs for any purposes prohibited by U.S. law, including, without limitation, for the development, design or production of nuclear, chemical or biological weapons. ___________ Yes, I agree to the above conditions