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QD PE_ 1v -L K PROGRAMS to another individual or entity. In the event USER grants a security interest in the ORACLE PROGRAMS, the secured party has no right to use or transfer the ORACLE PROGRAMS, USER shall be prohibited from use of the ORACLE PROGRAMS for rental, timesharing, subscription service, hosting, or outsourcing, USER shall be prohibited from removing or modifying any ORACLE PROGRAMS markings or any notice of ORACLE's or its licensors' proprietary rights. USER shall be prohibited from making the ORACLE PROGRAMS available in any manner to any third party for use in the third party's business operations, unless such access is expressly permitted for in the relevant ORACLE PROGRAMS' program license. This Agreement does not convey title in the ORACLE PROGRAMS to the USER er any other party USER shall be prohibited from reverse engineering, unless required by law for interoperability, disassembly or decompilation of the ORACLE PROGRAMS. The foregoing prohibition includes, but is not limited to review of data structures and /or similar materials produced by ORACLE PROGRAMS. USER shall be prohibited from duplicating the ORACLE PROGRAMS except for a sufficient number of copies of each program for USER's licensed use and one copy of each program media. USER shall be prohibited from publishing any results of benchmark tests run on the ORACLE PROGRAMS, C. EXPORT CONTROL USER shall comply fully with all relevant export laws and regulations of the United States and other applicable export and import laws to assure that neither the ORACLE PROGRAMS, nor any direct product thereof, are exported, directly or indirectly, in violation of applicable laws. D. ORACLE INTELLECTUAL PROPERTY ORACLE, or its licensors, retains all ownership and intellectual property rights to the ORACLE PROGRAMS. E. ORACLE'S ROLE IN AGREEMENT USER hereby disclaims, to the extent permitted by applicable law, ORACLE's liability for (a) any damages, whether direct, indirect, incidental, special, punitive or consequential, and (b) any loss of profits, revenue, data or data use, arising from the use of the ORACLE PROGRAMS. ORACLE is hereby designated as a third party beneficiary of this EULA, Nothing in this EULA shall require ORACLE to perform any obligations or incur any liability not previously agreed to between PEN - LINK and ORACLE. UNIFORM COMPUTER INFORMATION TRASACTIONS ACT The Uniform Computer Information Transactions Act shall not apply to this EULA, the SOFTWARE, any updates, any upgrades, the ORACLE PROGRAMS, or associated documentation related hereto. G. AUDITS USER shall permit PEN -LINK to audit USER's use of the ORACLE PROGRAMS, and USER shall provide reasonable assistance and access to information in the course of such audit and permit PEN -LINK to report the audit results to ORACLE or to assign its right to audit USER's use of the ORACLE PROGRAMS to ORACLE. If PEN -LINK assigns its right to audit to ORACLE, then ORACLE shall not be responsible for any of PEN -LINK or USER's costs incurred In cooperating with the audit. Fl. TERMINATION OF AGREEMENT USER shall discontinue use and destroy, or return, to PEN -LINK all copies of the ORACLE PROGRAMS and any ORACLE PROGRAMS' documentation upon the termination of this EULA. 5944 VanDervourt Drive I Lincoln, NE 685161 482.421.88571 Fax 492,421.9287 I penlink,com Copyright © 1997.2816, Pon-Link, Ltd, 20B -23