Signifying acceptance of this trial license by selecting the "I accept the License Terms and Export Restrictions" checkbox below is an indication of your agreement, as an authorized representative of your company ("you"), to comply with all of the following trial license terms and conditions with respect to the Programs (as defined below) used by you in accordance with this E-Delivery Trial License Agreement (this "Agreement").

I. LICENSE GRANT: "Program" or "Programs" shall mean the Oracle Corporation ("Oracle") computer software owned or distributed by Oracle and which you are accessing on the Oracle E-Delivery Web site and for which you are granted a license under this Agreement (the "Programs"), and any user guides and manuals for use of the Programs ("Documentation"). This Agreement grants you the temporary right to use the Programs for evaluation purposes on the single computer designated by you. These rights are granted only to you and may not be assigned or transferred to any other party. You may use the Programs only for evaluation and testing and not for production use. You must enter into a separate agreement to obtain production license rights and technical support for the Programs. The rights granted to you under this Agreement expire at the end of the Trial Term. If you decide to use any of the Programs after the end of the Trial Term, you must acquire a license for each Program from Oracle. You shall not: (a) remove any product identification, copyright notices, or other notices or proprietary restrictions from the Programs; (b) use the Programs for commercial timesharing, rental, or service bureau use; (c) cause or permit reverse engineering, disassembly, or decompilation of the Programs; (d) disclose results of any benchmark tests of any Programs to any third party without Oracle's prior written approval; or (e) duplicate and/or install the Programs other than as specified in this Agreement. Either party may terminate the license for the Programs at any time. Upon termination or expiration, you shall cease using the Programs.

II. TERMINATION: If you do not obtain a Program use license at the end of the Trial Term, you shall (a) cease using the Programs, and (b) certify to Oracle that you have destroyed or have returned to Oracle the Programs and all copies. This requirement applies to copies in all forms, partial and complete, in all types of media and computer memory, and whether or not merged into other materials.

III. EXCLUSION OF WARRANTY: THE PROGRAM IS PROVIDED "AS IS" TO YOU FOR EVALUATION PURPOSES ONLY, EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED.

IV. NONDISCLOSURE: By virtue of this Agreement, the parties may have access to information that is confidential to one another ("confidential information"). We each agree to disclose only information that is required for the performance of obligations under this agreement. Confidential information shall be limited to the terms and pricing under this Agreement, any source code for the programs, and all information clearly identified as confidential.

A party's confidential information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.

The parties agree to hold each other's confidential information in confidence for a period of three years from the date of disclosure. Also, we each agree to disclose confidential information only to those employees or agents who are required to protect it against unauthorized disclosure. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement in any legal proceeding arising from or in connection with this Agreement or disclosing the information to a federal or state governmental entity as required by law.

V. LIMITATION OF LIABILITY: NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. ORACLE'S MAXIMUM LIABILITY FOR ANY DAMAGES UNDER THIS AGREEMENT AND YOUR ORDER, WHETHER IN CONTRACT OR TORT, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID ORACLE UNDER THIS AGREEMENT, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PROGRAMS OR SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID ORACLE FOR THE DEFICIENT PROGRAM OR SERVICES GIVING RISE TO THE LIABILITY.

VI. EXPORT ADMINISTRATION: Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the programs. You agree that such export control laws govern your use of the programs (including technical data) and any services deliverables provided under this agreement, and you agree to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that no data, information, program and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.

VII. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between you and Oracle with reference to your use of the Programs on a trial basis. Any additions or modifications must be made in writing and signed by both parties. The terms of this Agreement shall supersede the terms of any purchase order or other instrument issued by you under this Agreement. This Agreement is governed by the substantive and procedural laws of California and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts in San Francisco, San Mateo, or Santa Clara counties in California in any dispute arising out of or relating to this Agreement. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

Notwithstanding the foregoing, if your company is located and will be using the software in (a) Argentina, the laws of Argentina will apply to this Agreement and jurisdiction will be in the Courts of Buenos Aires; (b) Brazil, the laws of Brazil will apply to this Agreement and jurisdiction will be in the Courts of Sao Paulo; (c) Costa Rica, the laws of Costa Rica will apply to this Agreement and jurisdiction will be in the Courts of San Jose; (d) Colombia, the laws of Colombia will apply to this Agreement and jurisdiction will be in the Courts of Bogota; (e) Chile, the laws of Chile will apply to this Agreement and jurisdiction will be in the Courts of Santiago de Chile; (f) Ecuador, the laws of Ecuador will apply to this Agreement and jurisdiction will be in the Courts of Quito; (g) Peru, the laws of Peru will apply to this Agreement and jurisdiction will be in the Courts of Lima; (h) Puerto Rico, the laws of the Commonwealth of Puerto Rico will apply to this Agreement and jurisdiction will be in the Courts of San Juan; (i) Mexico, the laws of Mexico will apply to this Agreement and jurisdiction will be in the Courts of Mexico City; and (j) Venezuela, the laws of Venezuela will apply to this Agreement and jurisdiction will be in the Courts of Caracas.

VIII. MISCELLANEOUS
Upon 45 days written notice, Oracle may audit your use of the Programs. You agree to cooperate with Oracle's audit and provide reasonable assistance and access to information. You agree to pay within 30 days of written notification any underpaid fees. If you do not pay, Oracle can end your technical support, licenses and/or this Agreement.

IX. EXPORT CONTROLS ON THE PROGRAMS: Pressing the "I accept the License Terms and Export Restrictions" button below is also a confirmation of your agreement that you comply, now and during the trial term, with each of the following statements:

• You are not a citizen, national, or resident of, and are not under control of, the government of Cuba, Iran, Sudan, Iraq, North Korea, Syria, nor any country to which the United States has prohibited export.
• You will not download or otherwise export or re-export the Programs, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries.
• You are not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders.
• You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.
• You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

RESTRICTED RIGHTS: Programs delivered to the U.S. Defense Dept. are delivered with Restricted Rights and the following applies: "Restricted Rights Legend: Use, duplication or disclosure by Government is subject to restrictions as currently set forth in subparagraph (c)(1)(ii) of DFARS 252-227-7013, Rights in Technical Data and Computer Software (October 1988). Oracle Corp. 500 Oracle Pkwy., Redwood City, CA, 94065. Programs delivered to a U.S. Government Agency not within the Defense, Dept. is delivered with 'Restricted Rights' as defined in FAR 52.227-14, Rights in Data - General, including Alternate III (June 1987)."

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If you agree, as an authorized representative of your company, to accept the license terms above on behalf of your company, and to confirm that your company is in compliance with and will remain in compliance with all of the terms and conditions set out above, please click on the "I accept the License Terms and Export Restrictions" option below.