BETA TEST AGREEMENT
This BETA TEST Agreement (“Agreement”) is enteredinto between Informatica LLC (“Informatica”) and thecustomer identified below (“Customer”) as of the last datesigned below.
1. License Grant. Subject to the terms and conditions
hereof, Informatica grants to Customer, for the BETA Test
Period identified below, a limited non-exclusive, nontransferable, revocable license to use the Informatica
software products identified below (“Software”) in object
code format solely for the purpose of Customer’s internal
evaluation of the Software and not for general commercial
use. Customer shall not use the Software for the processingof any live or production data.
2. No Services. Informatica shall be under no obligation
to provide Customer with any services except as explicitly set
forth in section 5 herein.
3. Termination. The licenses granted hereunder
terminate on expiration of the BETA Test Period. Additionally,either party may terminate this Agreement upon written noticeto the other party at any time. Within five days aftertermination, Customer will (i) return to Informatica theSoftware and all copies thereof in the form provided byInformatica or (ii) upon request by Informatica destroy theSoftware and all copies thereof and certify in writing that it
has been destroyed. Sections 2 through 10 shall survive
termination of this Agreement.

those set forth herein. Customer will immediately report any
violation of this provision to Informatica and shall employ all
reasonable means to mitigate any damages or losses that
Informatica may incur as a result of any such violation.
Customer’s rights in the Software will be limited to thoseexpressly granted in Section 1. Informatica and its licensors
reserve all rights and licenses in and to the Software notexpressly granted to Customer hereunder.
5. Delivery and Installation. Informatica will provide
the Software via electronic delivery. Customer will be
responsible for installing the Software. Informatica may
provide reasonable assistance in connection with such
installation.
6. Warranty. THE SOFTWARE IS PROVIDED “AS-IS.”
INFORMATICA DISCLAIMS ALL OTHER WARRANTIES,EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NONINFRINGEMENT AND ANY WARRANTIES ARISINGOUT OF COURSE OF DEALING OR USAGE IN TRADE.

4. Proprietary Rights; Confidentiality; Restrictions.
Customer acknowledges that the Software contains
confidential information and trade secrets of Informatica andits licensors. Customer will not: copy (except as strictly
necessary to use the Software in accordance with the termsof section 1 hereof), distribute, sell, sublicense or otherwisetransfer or make available the Software or any portion thereof
to any third party; remove from view any copyright legend,
trademark or confidentiality notice appearing on the Softwareor Software output; a modify, adapt, translate, reverse
engineer, decompile or derive the source code for theSoftware, or authorize a third party to do any of the foregoing.
Customer will reproduce all of Informatica’s and its licensors’
copyright notices and any other proprietary rights notices on
all copies of the Software that Customer makes hereunder.

7. Acknowledgment of Beta Software. Customer
acknowledges and agrees that: (a) the Software is not an
official product and has not been commercially released forsale by Informatica; (b) the Software may not operateproperly, be in final form or fully functional; (c) the Software
may contain errors, design flaws or other problems; (d) it may
not be possible to make the Software fully functional; (e) theinformation obtained using the Software may not be accurate
and may not accurately correspond to information extracted
from any database or other source; (f) use of the Software
may result in unexpected results, loss of data orcommunications, project delays or other unpredictabledamage or loss; (g) Informatica is under no obligation torelease a commercial version of the Software; and(h) Informatica has the right unilaterally to abandon
development of the Software, at any time and without any
obligation or liability to Customer. Customer acknowledges
and agrees that it should not rely on the Software for any
reason. Customer is solely responsible for maintaining andprotecting all data and information that is retrieved, extracted,transformed, loaded, stored or otherwise processed by theSoftware. Customer will be responsible for all costs andexpenses required to backup and restore any data andinformation that is lost or corrupted as a result of Customer’s
use of the Software.

Customer will not use the Software or any documentation
provided therewith for any purpose other than Customer’sinternal evaluation and the provision of feedback toInformatica, and not to disclose to any third party without theprior written approval of Informatica, the Software, itsfeatures, feedback (as defined in Section 8), related technicalinformation identified as confidential or the results of any
performance or functional evaluation or test of the Software(the “Confidential Information”). Customer will use no lessthan all reasonable efforts to protect the Confidential
Information from unauthorized use or disclosure. Customer
may disclose Confidential Information only to those of its
employees who have a bona fide need to know suchinformation for Customer’s evaluation of the Software andwho have first executed a written agreement that contains
use and nondisclosure restrictions at least as protective as

8. Limitation of Liability. EXCEPT AS OTHERWISREQUIRED BY LAW, THE LIABILITY OF INFORMATICA AND
ITS LICENSORS TO CUSTOMER OR ANY THIRD PARTY
ARISING OUT OF OR IN CONNECTION WITH THISAGREEMENT OR THE USE OF THE SOFTWARE, OR FOR ANYERROR OR DEFECT IN THE SOFTWARE, OR FOR THE
PROVISION OF TECHNICAL SUPPORT INSTALLATION,TRAINING OR OTHER SERVICES IN CONNECTION
THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF
LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY,NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO
DIRECT DAMAGES NOT TO EXCEED ANY FEES PAID TO
INFORMATICA HEREUNDER.
IN NO EVENT WILLINFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY
INDIRECT,INCIDENTAL,SPECIAL,PUNITIVEORCONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR1LOSS OF PROFITS, BUSINESS, REVENUE, DATA OR DATA
USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCHDAMAGES.
THESE
LIMITATIONS
WILL
APPLY
NOTWITHSTANDING THE FAILURE OF THE ESSENTIALPURPOSE OF ANY REMEDY.
The limitations of liability set forth in this Agreement reflect
the allocation of risk negotiated and agreed to by the Parties.
The Parties would not enter into this Agreement without theselimitations on its liability. These limitations will apply
notwithstanding any failure of essential purpose of any
limited remedy
9. Feedback. Customer will provide reasonable
feedback to Informatica concerning the features andfunctionality of the Software. If Customer provides feedback
to Informatica, all such feedback will be the sole and exclusive
property of Informatica.
Customer hereby irrevocablytransfers and assigns to Informatica and agrees toirrevocably assign and transfer to Informatica all of
Customer's right, title, and interest in and to all feedback
including all intellectual property rights therein (collectively,“Intellectual Property Rights”). Customer will not earn or
acquire any rights or licenses in the Software or in any
Informatica Intellectual Property Rights on account of thisAgreement or Customer's performance under this Agreement,even if Informatica incorporates any feedback into theSoftware.
10. Audit. Informatica may, at any time during the termof this Agreement, upon reasonable written notice and during
Customer’s normal business hours, audit Customer’s use of
the Software at Customer’s premises, as reasonably
necessary to confirm that Customer is using the Software inaccordance with the terms and conditions of this Agreement.
Informatica may use a third-party organization reasonably
acceptable to Customer to assist Informatica in conducting
such an audit. Customer will cooperate with Informatica insuch audit and will promptly make available to Informatica all
information and materials reasonably required by Informatica
to conduct such an audit.
11. General. Customer may not assign or otherwisetransfer, by operation of law or otherwise, any of its rights
under this Agreement without Informatica’s prior writtenconsent, and any attempted assignment without suchconsent will be null and of no effect. This Agreement
constitutes the entire agreement between the parties andsupersedes any and all prior agreements, communications
and understandings with respect to the evaluation of theSoftware and shall be construed in accordance with the lawsof the State of California (excluding its body of law controlling
conflicts of law). The parties expressly agree that the United
Nations Convention on Contracts for the International Sale ofGoods will not apply. Any legal action or proceeding arisingunder this Agreement will be brought exclusively in the federal
or state courts located in the Northern District of California
and the parties hereby irrevocably consent to the personal
jurisdiction and venue therein. If any provision of thisAgreement is held invalid or unenforceable by a court ofcompetent jurisdiction, such provision will be construed so as
to be enforceable to the maximum extent permissible by law,and the remaining provisions of the Agreement will remain in
full force and effect. The waiver of any breach or default will
not constitute a waiver of any other right hereunder or of any
subsequent breach or default. All notices required orpermitted under this Agreement will be in writing anddelivered in person, by confirmed facsimile transmission or by

overnight delivery service and in each instance will be deemed
given upon receipt. All communications will be sent to theaddresses set forth below or to such other address as may bespecified by either party to the other in accordance with thisSection.

INFORMATICA
Informatica LLC
2100 Seaport Boulevard
Redwood City, CA 94063
Attn: Legal Department
Signature: __________________________________
Name: _____________________________________
Title: ______________________________________
Date: ______________________________________CUSTOMER
Name: _____________________________________
Address: _________________________________________________________________________________________________________________________
Attn: ______________________________________
Signature: __________________________________
Name: _____________________________________
Title: ______________________________________
Date: ______________________________________
Software:
BETA Test Period:2

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