PoolTableViewer License Agreement PoolTableViewer License Registered Version This registered license is for users who have obtained from Killer Cool Development, LLC. a valid registration code for PoolTableViewer. If you have not obtained a valid registration code for PoolTableViewer, see the section titled PoolTableViewer Evaluation License. Your Agreement to this License This License only applies to the executable code for the English-language version of the PoolTableViewer software and any accompanying distributable files, data and materials ("PoolTableViewer"). You should carefully read the following terms and conditions before using, installing, copying, or distributing PoolTableViewer. Unless otherwise agreed in a writing signed by an authorized representative of Killer Cool Development, LLC., S.L. ("Killer Cool Development, LLC."), your use, installation, copying, or distribution of PoolTableViewer indicates your acceptance of this agreement ("License"). You understand and agree that the terms and conditions of this License are the only terms and conditions applicable to your purchase of this License or use of PoolTableViewer and any additional or different terms specified, referenced, and/or incorporated by any document provided by you or on your behalf are hereby rejected by Killer Cool Development, LLC.. All registered copies of PoolTableViewer allow access to PoolTableViewer's Standard software features. Copies of PoolTableViewer are validated daily with coded license entries, which are to be purchased in order to operate the software. Each copy of PoolTableViewer might have digital watermarks that can be used to identify the source of an illegal distribution. For a complete description of PoolTableViewer's features, refer to www.PoolTableViewer.com. Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, or distribute PoolTableViewer. In addition, if you paid a license fee to Killer Cool Development, LLC. or an authorized Killer Cool Development, LLC. reseller, you may return to Killer Cool Development, LLC. or the reseller, as applicable, a signed Affidavit of De-Installation and Non-Use in the form set forth on the PoolTableViewer.com website, within thirty (30) days after purchase, for a refund of the license fee prorated for the remaining days of licensing. The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of PoolTableViewer. Scope of License Subject to the terms of this License, Killer Cool Development, LLC. grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to install and use PoolTableViewer, solely for your personal or internal business purposes. You have the right to install and use a single copy of PoolTableViewer on one computer or workstation for simultaneous use by one or more persons and to use the software for one database instance in which SAPSR3 is installed for the period of time granted. The period of time is generally 30 days fot the free trial, and 360 days for the full product. Other license times can be negotiated with an authorized representative of "Killer Cool Development, LLC. PoolTableViewer includes a zip format file, PoolTableViewer Self-Extractor Personal Edition, which contains the software require4d to convert the pool tables into database views for easy quering from Oracle. These Zip files contain, among other things, a portion of PoolTableViewer code, copyrighted software, proprietary notices, and identifying information (the "Pool Table Viewer Software"). You may not alter or modify the Pool Table Viewer Software, nor permit anyone else to do so. You are responsible for duplicating and distributing PoolTableViewer for use in accordance with the terms of this License, and for monitoring the number of copies of PoolTableViewer installed and used by your organization and you agree that upon request from Killer Cool Development, LLC. or Killer Cool Development, LLC.'s authorized representative, you will within thirty (30) days fully document and certify the number of copies of PoolTableViewer you have installed. You may install PoolTableViewer only on computers operated by, or on behalf of, your organization. Subject to United States export restrictions referenced below, other applicable laws and regulations, including the laws of countries other than the United States of America, and the other limitations set forth in this License, you may install and access Licensed Copies of PoolTableViewer on computers located anywhere in the world. For more information regarding licenses, please visit the Killer Cool Development, LLC. website at www.PoolTableViewer.com. All rights of any kind in PoolTableViewer which are not expressly granted in this License are entirely and exclusively reserved to and by Killer Cool Development, LLC.. PoolTableViewer is protected by the United States copyright laws and other applicable national and international laws and treaties. You may use, install and distribute PoolTableViewer solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, PoolTableViewer, in whole or in part, nor permit anyone else to do so. You may not make access to PoolTableViewer available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of PoolTableViewer. Warranty Disclaimers and Liability Limitations PoolTableViewer, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Killer Cool Development, LLC. nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, PoolTableViewer. Neither Killer Cool Development, LLC. nor any of its affiliates or licensors warrants that the operation of PoolTableViewer will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including PoolTableViewer, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of PoolTableViewer covered by this License. This disclaimer of warranty constitutes an essential part of this License. Except to the extent expressly prohibited by applicable statutes, Killer Cool Development, LLC., its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, PoolTableViewer. Any liability of Killer Cool Development, LLC., its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to Killer Cool Development, LLC.. Except to the extent expressly prohibited by applicable statutes, in no event shall Killer Cool Development, LLC., or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of PoolTableViewer, or to your relationship with, Killer Cool Development, LLC., its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages. In addition, in no event does Killer Cool Development, LLC. authorize you or anyone else to use PoolTableViewer in applications or systems where PoolTableViewer's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Killer Cool Development, LLC., its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use. U.S. Government End Users PoolTableViewer is a "commercial item" as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire PoolTableViewer and any related documentation with only those rights set forth in this License. Export Restrictions PoolTableViewer is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license PoolTableViewer. By accepting this License, you warrant and represent to Killer Cool Development, LLC. that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export PoolTableViewer to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges. General PoolTableViewer, including, without limitation, the information included in its accompanying distributable files, data and materials and any activation code and registration code files or information, and the know-how embodied in PoolTableViewer, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by Killer Cool Development, LLC., together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of Killer Cool Development, LLC. and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes, registration codes, or registration files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License. This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements. You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this License, in whole or in part, without the prior written consent of Killer Cool Development, LLC.. Notwithstanding anything to the contrary, any assignment of this License or any rights or obligations hereunder is contingent upon the intended assignee agreeing to be bound by the terms of this License and all responsibilities and obligations of the assignor hereunder. This License shall be governed by the laws of the State of California, without regard to California choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of California, and you consent to such jurisdiction and venue. There are no third-party beneficiaries of any promises, obligations, or representations made by Killer Cool Development, LLC. herein. Any waiver by Killer Cool Development, LLC. of any violation of this License by you shall not constitute, nor contribute to, a waiver by Killer Cool Development, LLC. of any other or future violation by you of the same provision, or any other provision, of this License. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby. PoolTableViewer License Evaluation Version This license applies to the evaluation version of PoolTableViewer. If you do not have an evaluation version of PoolTableViewer, see the section titled PoolTableViewer Registered License. Your Agreement to this License This License only applies to the executable code for the English-language version of the PoolTableViewer software and any accompanying distributable files, data and materials ("PoolTableViewer"). You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting PoolTableViewer without registering your copy of PoolTableViewer, you agree to all of the terms of this evaluation license agreement ("License"). Refer to www.PoolTableViewer.com for information about pricing. All registered copies of PoolTableViewer allow access to PoolTableViewer's Standard software features. Copies of PoolTableViewer registered using a Pro registration code will also allow access to the additional PoolTableViewer Pro software features. For a complete description of PoolTableViewer's Standard and Pro features, refer to www.PoolTableViewer.com. Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, distribute, or transmit PoolTableViewer. Scope of License This is not free software. Subject to the terms below, you are hereby licensed by Killer Cool Development, LLC., S.L. ("Killer Cool Development, LLC.") to use for evaluation purposes only one (1) copy of PoolTableViewer, on one (1) computer or workstation for one Oracle database instance, without charge, for a period of 30 days after you first install PoolTableViewer on any computer or workstation. If you want to use this software after the 30-day evaluation period, you must acquire from Killer Cool Development, LLC. for a fee a license for PoolTableViewer. Refer to www.PoolTableViewer.com for information about license pricing, and ordering options. Use of PoolTableViewer after the expiration of the 30-day evaluation period without acquiring such a license from Killer Cool Development, LLC. is outside the scope of this License and a violation of U.S. and international copyright laws. Subject to all of the terms of this License, you may, without making any payment to Killer Cool Development, LLC.: a. give exact copies of PoolTableViewer personally and without charge of any kind to anyone for evaluation purposes only, subject to the terms of this License, using tangible media of any kind or via e-mail (but not in a bulk mailing or through unsolicited bulk e-mails); b. distribute exact copies of PoolTableViewer for evaluation purposes only, subject to the terms of this License, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and c. make as many exact copies of PoolTableViewer as you wish, for purposes of distribution as described in (a) and (b) above. For purposes of the foregoing, an "exact copy" of PoolTableViewer means a file that is identical, at the time you create the copy, to the PoolTableViewer distribution file available at http://www.PoolTableViewer.com. You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from Killer Cool Development, LLC.. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of PoolTableViewer. Killer Cool Development, LLC. reserves the right to revoke any or all distribution rights at any time, for any or no reason. Self-extracting Zip files created by PoolTableViewer's Self-Extractor Personal Edition component contain, among other things, a portion of PoolTableViewer Self-Extractor Personal Edition, including copyrighted software, proprietary notices, and identifying information (this portion is the "Extraction Software"). You may not alter or modify the Extraction Software, nor give anyone permission to do so. Under no circumstances are you licensed to distribute self-extracting Zip files created by the evaluation version of PoolTableViewer Self-Extractor. All rights of any kind in PoolTableViewer which are not expressly granted in this License are entirely and exclusively reserved to and by Killer Cool Development, LLC.. You may use PoolTableViewer solely as expressly provided in this License. PoolTableViewer is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, PoolTableViewer, in whole or in part, nor permit anyone else to do so. You may not make access to PoolTableViewer available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of PoolTableViewer. Warranty Disclaimers and Liability Limitations PoolTableViewer, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Killer Cool Development, LLC. nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, PoolTableViewer. Neither Killer Cool Development, LLC. nor any of its affiliates or licensors warrants that the operation of PoolTableViewer will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including PoolTableViewer, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of PoolTableViewer covered by this License. This disclaimer of warranty constitutes an essential part of this License. Except to the extent expressly prohibited by applicable statutes, Killer Cool Development, LLC., its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, PoolTableViewer. Any liability of Killer Cool Development, LLC., its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to Killer Cool Development, LLC.. Except to the extent expressly prohibited by applicable statutes, in no event shall Killer Cool Development, LLC., or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of PoolTableViewer, or to your relationship with Killer Cool Development, LLC., its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages. In addition, in no event does Killer Cool Development, LLC. authorize you or anyone else to use PoolTableViewer in applications or systems where PoolTableViewer's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Killer Cool Development, LLC., its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use. U.S. Government End Users PoolTableViewer is a "commercial item" as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire PoolTableViewer and any related documentation with only those rights set forth in this License. Export Restrictions PoolTableViewer is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license PoolTableViewer. By accepting this License, you warrant and represent to Killer Cool Development, LLC. that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export PoolTableViewer to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges. Termination Immediately upon expiration of the 30-day evaluation period for the license granted hereunder, you shall immediately discontinue any and all use of PoolTableViewer and you shall within ten (10) days delete from your computer(s) all electronic copies of PoolTableViewer, including all or any part thereof. All provisions of this License that by their nature are intended to survive the expiration of the license granted hereunder shall survive and remain in full force and effect. Indemnification At your own expense, you shall indemnify, defend, and hold harmless Killer Cool Development, LLC., its affiliates and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys' fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of PoolTableViewer other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns. General PoolTableViewer, including, without limitation, the information included in its accompanying distributable files, data and materials and any related activation code and registration code files or information, and the know-how embodied in PoolTableViewer, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by Killer Cool Development, LLC., together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of Killer Cool Development, LLC. and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes or registration code files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License. This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements. This License shall be governed by the laws of the State of Connecticut, without regard to Connecticut choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of Connecticut, and you consent to such jurisdiction and venue. There are no third-party beneficiaries of any promises, obligations, or representations made by Killer Cool Development, LLC. herein. Any waiver by Killer Cool Development, LLC. of any violation of this License by you shall not constitute, nor contribute to, a waiver by Killer Cool Development, LLC. of any other or future violation by you of the same provision, or any other provision, of this License. You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, Killer Cool Development, LLC. or any of its affiliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not exclusive of any other remedy available Killer Cool Development, LLC. or any of its affiliates under this License, at law or in equity. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby. PoolTableViewer Copyright 2008 by Killer Cool Development LLC. All rights reserved.