Three D Graphics and WebFOCUS Software License Agreement Copyright(C) 1998-2009 Three D Graphics, Inc.*, Copyright(C) 2005-2009 IBI* INFORMATION BUILDERS, INC. IS WILLING TO LICENSE WEBFOCUS AND REPORTCASTER AND THE ACCOMPANYING DOCUMENTATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. IMPORTANT NOTICE - READ THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. BY SELECTING THE ACCEPTANCE BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY EXIT THIS PROGRAM. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU AND INFORMATION BUILDERS, INC., AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. 1. You are hereby granted a nonexclusive, nontransferable object code (machine readable) license to install and internally use the computer software known as WebFOCUS and ReportCaster (the "Software") under the terms and conditions set forth in this Agreement, including any documentation files accompanying the Software ("Documentation"). You do not obtain title to or any ownership or proprietary rights to the Software by virtue of this Agreement. The Software is owned by Information Builders, Inc., which retains all right, title, and interest therein. The Software is protected by copyright, patent, trademark, trade secret, and other laws. 2. This License grants you the right to use the Software on any single personal computer, provided that the Software is in use on only one computer at any time. If you have multiple licenses for the Software, then at any one time you may have as many copies of the Software in use as you have licenses. The Software is in use on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of access from a computer terminal or workstation for which a separate license is required is not considered "in use." You may not use the Software to process work for any party other than yourself if you are the holder of an individual license for your company's own internal business purposes if the licensee is a company. Under no circumstances may the Software be used for purposes of performing service bureau work or on a time-share basis or rental or lease basis or be sold by the licensee, whether or not for consideration. 3. Copyright. The Software is owned by Information Builders, Inc. or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g., book or musical recording) except that you may either (a) make one copy of the Software solely for backup or archival purposes; or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the Software. 4. You may not sell, transfer, sublicense, rent, lease, convey, copy, modify, translate, convert to another programming language, decompile, disassemble, or create derivative works of the Software for any purpose. You may make one backup copy of the unprotected diskette(s) as specified in Section 3. However, decompilation or any attempt to break or circumvent the Software verification mechanisms (i.e. copy protection) is expressly prohibited. 5. This license does not include any support, maintenance or upgrades, or enhancements of the Software. 6. Information Builders, Inc. warrants that the magnetic medium on which the Software is furnished will be free of defects for 90 days from the date of purchase. The entire liability of Information Builders, Inc. and your exclusive remedy for breach of this limited warranty is the replacement of any magnetic medium that is defective. EXCEPT FOR THE LIMITED WARRANTY AS TO THE MEDIUM, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE FITNESS, QUALITY, AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. INFORMATION BUILDERS, INC. DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. INFORMATION BUILDERS, INC. SHALL NOT HAVE ANY LIABILITY FOR ANY KIND OF DAMAGES FOR LOST PROFITS, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, THE SOFTWARE DOCUMENTATION, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, EVEN IF INFORMATION BUILDERS, INC. HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. If, notwithstanding the above disclaimers, Information Builders, Inc. is found liable as a consequence of the use or performance of the Software, the Software Documentation or services provided (whether based on contract, negligence, tort, strict liability, breach of warranty, or any other legal theory of liability whatsoever), the amount of Information Builders, Inc.'s liability shall not exceed the license fee paid by you for your license for the Software. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the limitations in this Section. As a result, these limitations may not apply to you if prohibited by the laws of your jurisdiction. 7. Term. This License is effective until terminated. You may terminate it at anytime by destroying the media containing the Software, together with all copies of the Software in any form, and deleting the Software from any computer on which it is loaded. Information Builders, Inc. may terminate this License by giving you written notice that you are in breach of any of the terms and conditions set forth in this Agreement. You agree that upon such termination, you will destroy or deliver to Information Builders, Inc. all copies of the Software and related documents and delete all copies of the Software from any computer on which the Software is loaded. 8. You acknowledge and agree as follows: (a) You have read this License and are bound hereby. (b) This License may not be modified or waived except in a written document signed by an officer of Information Builders, Inc. Any modification or waiver contained in any document which you submit to Information Builders, Inc. (whether prior to or after your receipt of the Software) shall be invalid and ineffective, and this License alone shall govern and control. (c) This License contains our full agreement and you are not relying on any statements or representations concerning the Software made to you, other than contained in the manuals and other written materials furnished by Information Builders, Inc. (d) This License shall be governed and controlled by the substantive laws of the State of New York. (e) If any term of this agreement is held illegal or unenforceable by any court of competent jurisdiction, such term shall be considered inoperable only to the extent of such illegality or unenforceability, and such holding shall not impair the validity or enforceability of any remaining term of this License. The parties agree to replace any such illegal or unenforceable provision with a new provision, which has the most nearly similar permissible economic or other effect. (f) A waiver of the breach of any provision hereof shall not be deemed to be a waiver of a subsequent breach of such provision or a waiver of the breach of any other provision. (g) The License shall be binding upon and inure to the benefit of the parties' respective heirs, successors, and assigns. WebFOCUS Information Builders, Inc. 2 Penn Plaza, New York, NY 10121-2898 (212) 736-4433