CATERPILLAR INC

PC SOFTWARE LICENSE AGREEMENT

:ffizcna Board of Regents on behalf ol

This is an Agreement byhnd between CATERPILLAR Inc. (hereinafter referred to as
"CATERPILLAR") and[The University of Arizona (hereinafter referred to as "LICENSEE").
CATERPILLAR has oblained rights in certain computer programs and associated materials
(hereinafter the "PROGRAM") identified in Exhibit A, and LICENSEE desires a nonexclusive
license to use the PHOGRAM (hereinafter the "LICENSE"). The parties agree that the following
terms shall control LICENSEE's use of the PROGRAM: '

SCOPE

CATERPILLAR agrees to provide LICENSEE with one or more copies of the PFOGRAM and
associated documentation, as set forlh in Exhibit A. LICENSEE agrees to assume complete
responsibility for selection of the PROGRAM to achieve LICENSEE's desired results, and for the
installation, use and actual results obtained from the PROGRAM

LICENSE

LICENSEE may:

a. Use the PROGRAM for the purpose for which ii is provided on any computer that is under
LICENSEE's exclusive control, but only at the site(s) identified in Exhibit A and/or only within the
European Continent (hereinafter the "SlTE"); and

b. Copy the PROGRAM as required to exercise the foregoing LICENSE. LICENSEE agrees to
reproduce and include all copyright notices and proprietary statements included on or with the
PROGRAM on any such copy or portion thereof.

LICENSEE MAY NOT USE, COPY, MODIFY, TRANSLATE, TRANSFER OR ASSIGN THE
PROGRAM, OR ANY COPY THEREOF, IN WHOLE OR IN PART,
EXCEPT AS EXPRESSLY PROVIDED FOR BY THIS LICENSE.

IF LICENSEE TRANSFERS POSSESSION OF ANY COPY OR PORTION OF THE PROGRAM

TO ANY THIRD PARTY. LICENSEE'S LICENSE HEREUNDER IS AUTOMATICALLY
TERMINATED.

PFICE

ln consideration of the LICENSE granted hereunder, LICENSEE agrees to pay CATERPILLAR

the associated license fee(s) set forth in Exhibit A (hereinafter the "FEE" and to be bound by the
terms hereof.

TERM
This Agreement and any LICENSE granted hereunder shall become effective upon payment by
LICENSEE of the associated FEE set forlh in Exhibit A, and shall remain effective until
terminated. LICENSEE may terminate this Agreement or any LICENSE granted hereunder at
any time by destroying the associated PROGRAM together with all copies or poftions thereof
existing in any form, and notifying CATERPILLAR in writing of such destruction and intent to
terminate. CATERPILLAR may terminate this Agreement and/or any LICENSE granted
 hereunder at any time with or without cause upon thirty (30) days written notice to LICENSEE.
All LICENSES granted hereunder will also ierminate automatically if LICENSEE fails to comply
with any term or condition of this Agreement. LICENSEE agrees, upon termination, to
immediately cease use of and to destroy the affected PROGRAM together with all copies and
portions thereof existing in any form.
Fleecc
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Termination of this Agreement and/or any LICENSE granted hereunder shall not affect
LICENSEE's ongoing obligations under this Agreement. Seg ACldendrr-n f

LIMITED WARRANTY

THE PHOGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH LICENSEE.

CATERPILLAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE

PROGRAM WILL MEET LICENSEE'S REQUIREMENTS OR THAT OPERATION OF THE
PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.

However, CATERPILLAR warrants the media on which the PROGRAM is furnished to be free
from defects in materials and workmanship under normal use for a period of ninety (90) days from
the date of delivery to LICENSEE.

LIMITATION OF HEMEDIES

CATERPILLAR's entire liability and LICENSEE's exclusive remedy arising out of this Agreement
shall be:

1. Replacement of any media not meeting CATERPILLAR's "Limited Warranty", which is

returned to CATERPILLAR: or

2. lf CATERPILLAR is unable to deliver replacement media which is free of defects in materials

and workmanship, LICENSEE may terminate this Agreement by returning the PROGRAM to
CATERPILLAR and LICENSEE's associated FEE will be refunded.

IN NO EVENT WILL CATERPILLAR BE LIABLE TO LICENSEE FOR DAMAGES, INCLUDING

ANY LOST PROFITS, LOST SAVINGS OR OTHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OB CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE PROGRAM EVEN IF C.ATERPILLAR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

CONFIDENTIALITY
Pleasa
LICENSEE agrees to hold in confidence and not disclose to third parties the PROGRAM and any

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lNFORfrfAFlOfd-and all copies and portions thereof is destroyed di returned to CATERPILLAR,
 using LICENSEE's best reasonable efforts as the standard of care in protecting the
coN?lDENriAL lNFoRMArloN. Si1g Acici endJ-111
EXPORT RESTRICTIONS

By LICENSEE's signature below, LICENSEE hereby assures CATERPILLAR that LICENSEE

does not intend to and will not knowingly, without the prior written consent, if required, of the
Office of Export Administration of the United States Department of Commerce, Washington, D.C.
20230, transmit or ship, directly or indirectly, the PHOGRAM or any copy or part thereof or
information relating thereto, to Afghanistan or to the Peoples Republic of China or to any Group
Q, S, W, Y, or Z designated country as specified in Supplements to Section 370 of the Export
Administration Regulations issued by the U.S. Department of Commerce (or as amended).

GENERAL

LICENSEE may not sublicense, assign or transier this Agreement, any LICENSE granted
hereunder, or the PROGRAM or any copy or portion thereof. Any attempt to sublicense, assign
or transfer any of the rights, duties or obligations hereunder is void.

LICENSEE warrants that LICENSEE has the full right to enter into and execute this Agreemeni
and to undertake the obligations set forth herein.

4his Ag reement-shai{Seg€veffie

BY ITS SIGNATURE HEREUNDER LICENSEE ACKNOWLEDGES THAT LICENSEE HAS

READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS
AND CONDITIONS. LICENSEE FURTHER AGREES THAT THIS IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES WHICH
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY
OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT
MATTER OF THIS AGREEMENT.
Arirona Board of Ragents on bchall
oi the Univercity_of

Ernette C. Leslie
titte Contracts Administrator

i* :tt*ld.Addrndurn
Incorpqreted into thir
ir hercly
agrcement:
 ADDENDUM

The folLowing terms are added to and form a part of the attached Contract:

NONDISCRIMINATION The parties agree to be bound by appticabte state and federaI rules governing
EquaI EmpIoyment Opportunity and Non-Discrimination.

Z. CONFLICT OF INTEREST The Arizona Board of Regents may, within three years after its execution,
cancel this Contract wjthout penalty or further obligation if any person significantly involved in
negotiating, drafting, securing or obtaining this Contract for or on behalf of the Arizona Board of
Regents becomes an emptoyee in any capacity of any other party or a consultant to any other party
with reference to the subject matter of this Contract white the Contract or any extension hereof js
in effect.

3. CONFIDENTIAL INFORMATION DISCLOSURE Licensee shat[ not activety disclose confidential

information pursuant to the confidentiality obLigation in this Agreement. However, Licensee cannot
guarantee that such non-disclosure of information shatl extend beyond five (5) years foltowing
termination of this Asreement.

ARIZONA BOARD OF REGENTS ON BEHALF CATERPILL,AR INC.

OF THE UNIVERSITY OF ARIZONA

Ernette C. Lestie Authorized Signature

Contracts Administrator Printed Name:

0.," i/dQ [c4

Titte:
UdLE
Helio Ernette,

Here is another software license that was provided to me by Caterpillar. They are fairly
flexible but the license is also very simple. Does this need to be processed somehow?

SD

Dr. Sean D. Dessureauli

Assistant Professor
Department of Mining and Geological Engineering
1235E. North Campus Drive, Mines Blg.#12,
mailing: room 229 -- office: room 241C
The University of Arizona
Tucson, AZ85721-0012
http :/iwww. u.arizon a. edu/-sdessu rel

ph: 520 621 2359

fax:520 621 8330
 CHECK SHEET FOR CONTRACTS Count:
T]ATE PtrarTr.1/6/2004 CONTRACT TO:

vENDoR/SUPPLIER CaLerpill-ar fnc .

NAI'IE:

ADDRESS:

PHONE NUMBER:
TYPE OF AGREEMENT: PC Software License Agreement-07
DESCRIPTION:
1:o grant a nonexcl-usive ]icense
F^
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F'l ar Production &'- LUDu
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Caterpill-ar
':,: Cycle Timer, PHB (Performance Hand]:ook on CD) aL no cost
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REC'ID feOU: Sean Dessureault

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DEPT.: Mining & Geological Engineering

FOR DEPT. ; Mining & Geological Ernainaarira

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CROSS REF:

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