NOTICE FROM LIFESCAN

ONETOUCH® DATALINK® v3.4 FOR A COMPUTER AND ONETOUCH® DATALINK® v3.4/WEB 3.0 EACH REQUIRES YOU TO SUPPLY EITHER MICROSOFT® SQL SERVER® 2005, SQL SERVER® 2008, OR SQL SERVER® EXPRESS. (IF YOU ARE USING ANOTHER VERSION OF THE ONETOUCH® DATALINK® SOFTWARE, CONTACT YOUR LIFESCAN REPRESENTATIVE FOR FURTHER INFORMATION.) LIFESCAN DOES NOT PROVIDE MICROSOFT® SQL SERVER® 2005, SQL SERVER® 2008, OR SQL SERVER® EXPRESS, AND NOTHING IN THE FOLLOWING LICENSE TERMS SHOULD BE CONSTRUED AS LIFESCAN GRANTING YOU ANY RIGHTS TO THE MICROSOFT® SQL SERVER® DATABASE SOFTWARE APPLICATIONS. HOWEVER, YOU MAY CONTACT LIFESCAN TO DETERMINE IF MICROSOFT® SQL SERVER® 2008 CLIENT ACCESS LICENSES (CALs), WHICH ARE DESCRIBED IN FURTHER DETAIL BELOW, ARE AVAILABLE FOR PURCHASE DIRECTLY FROM LIFESCAN. IF YOU HAVE PURCHASED MICROSOFT® SQL SERVER® 2008 CALs FROM LIFESCAN, THE FOLLOWING MICROSOFT® CAL LICENSE TERMS APPLY TO YOU.

Microsoft® SQL Server® 2008 Standard Edition Client Access Licenses (CALs)

These license terms are an agreement between the licensor of the Microsoft® SQL Server® 2008 Standard Edition client access licenses (CALs) from which you acquired the Microsoft CALs (“Licensor”) and you. Please read them.
Microsoft Corporation or one of its affiliates (collectively, “Microsoft”) has licensed the Microsoft® SQL Server® 2008 Standard Edition CALs to Licensor.

1. OVERVIEW.

a. Licensing Terminology.

• Instance. You create an “instance” of software by executing the software’s setup or install procedure. You also create an instance of software by duplicating an existing instance. References to software in this agreement include “instances” of the software.
  
• Run an Instance. You “run an instance” of software by loading it into memory and executing one or more of its instructions. Once running, an instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory.
  
• Server. A “server” is a physical hardware system capable of running server software. A hardware partition or blade is considered to be a separate physical hardware system.

2. SQL SERVER® 2008 CLIENT ACCESS LICENSES FOR USE WITH SQL SERVER® STANDARD EDITION.

a. Client Access Licenses (CALs).

i. You must acquire and assign a SQL Server 2008 CAL to each device or user that accesses your instances of the server software directly or indirectly. A hardware partition or blade is considered to be a separate device.

• You do not need CALs for any of your servers licensed to run instances of the server software.
  
• You do not need CALs for up to two devices or users to access your instances of the server software only to administer those instances.
  
• Your CALs permit access to your instances of earlier versions, but not later versions, of the server software. If you are accessing instances of an earlier version, you may also use CALs corresponding to that version.

ii. Types of CALs. There are two types of CALs: one for devices and one for users. Each device CAL permits one device, used by any user, to access instances of the server software on your licensed servers. Each user CAL permits one user, using any device, to access instances of the server software on your licensed servers. You may use a combination of device and user CALs.

iii. Reassignment of CALs. You may

• permanently reassign your device CAL from one device to another, or your user CAL from one user to another; or
  
• temporarily reassign your device CAL to a loaner device while the first device is out of service, or your user CAL to a temporary worker while the user is absent.

3. ADDITIONAL LICENSING REQUIREMENTS.

a. Multiplexing. Hardware or software you use to

• pool connections,
  
• reroute information, and
  
• reduce the number of devices or users that directly access or use the software, or
  
• reduce the number of devices or users the software directly manages,
  (sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses of any type that you need.

Microsoft and SQL Server are registered trademarks of Microsoft Corporation in the United States and/or other countries.