Quest Central for DB2 3.1.1

EULA - End User License Agreement

1. License Agreement. As used in this Agreement, Quest shall mean Quest Software, Inc. Quest
grants Licensee a non-exclusive and non-transferable license to reproduce and use for personal or
internal business purposes the executable code version of the Product, provided any copy must contain
all of the original proprietary notices. The Product may be used for a maximum of five (5) users within
Licensee's organization and expires each sixty (60) days, after which Licensee will need to download
and install the product again for continued use. For more than five (5) users within an organization
and/or use beyond sixty (60) consecutive days, it is necessary to purchase commercially available
versions of the Product. This license does not entitle Licensee to receive from Quest hard-copy
documentation, technical support, telephone assistance, or enhancements or updates to the Product. If
more than one license agreement was provided for the Product, and the terms vary, the order of
precedence of those license agreements is as follows: a signed agreement, a license agreement
available for review on the Quest website, a printed or electronic agreement that states clearly that it
supersedes other agreements, a printed agreement provided with the Product, an electronic agreement
provided with the Product. Quest may terminate this Agreement at any time, for any reason or no
reason. Quest may also terminate this Agreement if Licensee breaches any of its terms and
conditions. Upon termination, Licensee shall destroy all copies of the Product.

2. Restrictions. Without Quest's prior written consent, Licensee may not: (i) modify or create any
derivative works of the Product or documentation, including customization, translation or localization;
(ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the
Product (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute,
encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; (iv) remove or alter
any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product;
or (v) publish any results of benchmark tests run on the Product to a third party .

3. Fees. There is no license fee for the Product. If Licensee wishes to receive the Product on media,
there may be a small charge for the media and for shipping and handling. Licensee is responsible for
any and all taxes.

4. Proprietary Rights. Title, ownership rights, and intellectual property rights in the Product shall
remain in Quest and/or its suppliers. The Product is protected by copyright and other intellectual
property laws and by international treaties.

5. Disclaimer of Warranty. THE PRODUCT IS PROVIDED FREE OF CHARGE, AND, THEREFORE, ON
AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN
UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE
OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL QUEST OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE
LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS
BASED. IN ANY CASE, QUEST'S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT
SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF
ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
YOU.

7. Export Control. Licensee agrees to comply with all export laws and restrictions and regulations of
the United States or foreign agencies or authorities, and not to export or re-export the Product or any
direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary
approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary
licenses and/or exemptions with respect to its own export of the Product from the U.S. By installing or
using the Product, Licensee agrees to the foregoing and represents and warrants that it complies with
these conditions.

8. U.S. Government End-Users. The Product is a commercial item under FAR 2.201. Consistent with
FAR section 12.212 and DFARS section 227.7202, any use, modification, reproduction, release,
performance, display, disclosure or distribution of the Product or documentation by the U.S. government
shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent
expressly permitted herein.

9. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning
the subject matter hereof, and may be amended only by a writing signed by both parties. This
Agreement shall be governed by the laws of the State of California, U.S.A., excluding its conflict of law
provisions. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts
of California and you expressly consent to the exercise of personal jurisdiction in the courts of California
in connection with any such dispute including any claim involving Quest. This Agreement shall not be
governed by the United Nations Convention on Contracts for the International Sale of Goods. If any
provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction,
such provision shall be modified to the extent necessary to render it enforceable without losing its
intent, or severed from this Agreement if no such modification is possible, and other provisions of this
Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any
subsequent breach thereof. If any dispute arises under this Agreement, the prevailing party shall be
reimbursed by the other party for any and all legal fees and costs associated therewith

10. Licensee Outside the U.S. If Licensee is located outside the U.S., then the provisions of this
Section shall apply. Les parties aux presentes confirment leur volonte que cette convention de meme
que tous les documents y compris tout avis qui s'y rattache, soient rediges en langue anglaise.
(translation: The parties confirm that this Agreement and all related documentation is and will be in the
English language.)