PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT") CAREFULLY. BY DOWNLOADING, INSTALLING, COPYING OR USING THE BIG BROTHER SOFTWARE (THE "PRODUCT"), YOU INDICATE ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE PRODUCT. 1. LICENSE AGREEMENT. As used in this Agreement, "Quest" shall mean Quest Software, Inc. 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, this agreement, 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. 2. LICENSE GRANT. Quest grants Licensee a non-exclusive and non-transferable license to use the Product. Licensee may not use the product for commercial purposes beyond an initial thirty (30) day evaluation period without the purchase of a commercial license from Quest. Commercial purposes include any activity engaged in for the purpose of directly generating revenue or in support of activity that generates revenue. This license does not entitle Licensee to receive from Quest hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product. 3. RESTRICTIONS. Without Quest's prior written consent, Licensee shall not create any derivative works of the licensed Software or documentation, including translation or localization; redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the licensed Software. Licensee may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Products distributed in binary form. Licensee shall not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the licensed Software. 4. FEES. There is no license fee for the non-commercial use of the Product. However, except for those taxes which are based upon Quest's income, Licensee shall pay any and all taxes which may become due based upon the Products licensed under this Agreement. 5. TERMINATION. Quest may terminate this Agreement for convenience at any time upon thirty (30) days notice at http://bb4.com/license.html. Quest may also terminate this Agreement immediately if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Product. 6. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product shall remain in Quest and/or its suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Quest's or its suppliers' ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties. 7. 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. 8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QUEST OR ITS AFFILIATES 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 AND ITS AFFILIATES' ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE GREATER OF FIVE DOLLARS ($5.00) OR THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) UNDER THIS AGREEMENT. QUEST IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. 9. 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 downloading or using the Product, Licensee agrees to the foregoing and represents and warrants that it complies with these conditions. 10. U.S. GOVERNMENT END-USERS. The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End-Users acquire the Product with only those rights set forth herein. 11. 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. 12. LICENSEE OUTSIDE THE U.S. If Licensee is located outside the U.S., then the provisions of this Section shall apply. (i) 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.") (ii) Licensee is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export or use the Product, and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable. Rev 12-16-2003