END USER LICENSE AGREEMENT FOR CHERRY CITY SOFTWARE SQLITE OLE DB PROVIDER IMPORTANT: THIS END USER

LICENSE AGREEMENT (EULA) IS A LEGAL AGREEMENT BETWEEN CHERRY CITY SOFTWARE AND YOU. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE FROM CHERRY CITY SOFTWARE. IT ALSO CONTAINS WARRANTY INFORMATION, AND LIABILITY DISCLAIMERS AND LIMITATIONS. BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT LOAD THE SOFTWARE ON ANY COMPUTING DEVICE, OR CEASE ALL USE OF THE SOFTWARE AND UNINSTALL FROM ALL COMPUTING DEVICES ON WHICH THE SOFTWARE IS LOADED. 1. Definitions

(a) "CHERRY CITY SOFTWARE" means Cherry City Software, LLC, an Oregon company. (b) "Software" means CHERRY CITY SOFTWARE'S SQLite OLE DB Provider software programs, its activation utility, and sample programs. (c) "You" or "you" means the user of CHERRY CITY SOFTWARES SQLite OLE DB Provider, whether an individual or business entity of any kind. 2. License Grant

(a) You may install, use and distribute the Software along with your software programs subjected to restrictions stated in section 3 below. (b) You agree that CHERRY CITY SOFTWARE may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. (c) Your license rights under this EULA are non-exclusive. 3. License Restrictions

(a) You may not install or use or distribute the Software unless neither your use nor distribution competes with CHERRY CITY SOFTWARE. (b) You may not sell, rent, lease, or sublicense the Software. (d) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. (d) You may not modify the Software or create derivative works that are the Software alike based upon the Software. (e) The Software contains a SQLite program. The license terms with this program apply to your use of it.

(e) In the event that you fail to comply with this EULA, CHERRY CITY SOFTWARE may terminate the license and you must destroy or delete all copies of the Software. (f) In the event a criminal violation is committed in conjunction with a failure to comply with this EULA, CHERRY CITY SOFTWARE reserves the right to seek criminal penalties. (g) You may not publish the Software for others to copy. (h) You must obtain computer specific activation code from CHERRY CITY SOFTWARE to activate the Software before you use the Software. 4. Ownership

The foregoing license gives you a limited license to use or distribute the Software. CHERRY CITY SOFTWARE retains all of its right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including U.S. and international copyrights, are reserved by CHERRY CITY SOFTWARE. 5. LIMITED WARRANTY

(a) THE SOFTWARE IS PROVIDED AS-IS. (b) CHERRY CITY SOFTWARE DOES NOT WARRANT THAT THE PROVIDER IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. (c) THE EXCLUSIVE REMEDY FOR ANY DEFECTS OR NEW FEATURES SHALL BE REPAIR OR REPLACEMENT BY CHERRY CITY SOFTWARE, IN CHERRY CITY SOFTWARE'S SOLE DISCRETION. 6. WARRANTY DISCLAIMERS

(a) CHERRY CITY SOFTWARE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. (b) ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT, NOR ANY WARRANTY OF TITLE OR QUIET ENJOYMENT. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE ARE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. (c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHERRY CITY SOFTWARE OR ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND, OR IN ANY WAY INCREASE THE SCOPE OF LIMITED WARRANTY PROVIDED HEREIN. (d) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

7.

LIMITATION OF LIABILITY

(a) IN NO EVENTS, SHALL CHERRY CITY SOFTWARE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR INABILITY TO USE, THE PROVIDER REGARDLESS OF THE THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CHERRY CITY SOFTWARE OR ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE EXCLUSIVE REMEDY SET FORTH ABOVE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (b) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. (c) THE FOREGOING LIMITATION OF LIABILITY IS INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.

8.

Basis of Bargain

The Limited Warranty, Warranty Disclaimers, and Limitation of Liability set forth above are fundamental elements of the basis of the agreement between CHERRY CITY SOFTWARE and you. CHERRY CITY SOFTWARE would not be able to provide the Provider on an economic basis without such limitations. 9. (Outside of the USA) Consumer End Users Only

The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer (i.e., a person acquiring goods otherwise than in the course of a business). The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located. 10. General

This EULA shall be governed by the internal laws of the State of New York, without

giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon, to resolve any disputes arising under or in connection with this EULA, with venue to be in Portland, Oregon. In each case, this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, with respect to such subject matter. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in connection with the Software licensed hereunder shall be of no effect. The failure or delay CHERRY CITY SOFTWARE to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect. All questions concerning this EULA shall be directed to: CHERRY CITY SOFTWARE via email: sean@luggle.com.