NeTraverse Inc. End User License Agreement Win4Lin(tm) IMPORTANT - READ CAREFULLY: This NeTraverse Inc. End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and NeTraverse Inc. for the use of the software product Win4Lin. BY INSTALLING THIS SOFTWARE, YOU AGREE TO THE FOLLOWING TERMS. The software program(s) and related documentation that you are about to install (collectively, the "Software") are a proprietary product of NeTraverse Inc. By installing the Software, you acknowledge that you have read these terms and agree to be bound by them. If you do not agree to any of these terms, you should not install the Software, and you must delete all copies of the Software. 1. Ownership: NeTraverse and its suppliers retain ownership of all patents, copyrights, trademarks, trade secrets and other proprietary rights relating to or residing in the Software. You acquire no rights, express or implied, in the Software other than the limited right to use the Software as expressly specified in this Agreement. 2. License: Subject to the terms and conditions of this Agreement and your payment of the applicable license fee, NeTraverse grants you a limited, non-exclusive, non-transferable, personal license to use the Software in conjunction with the Linux(r) operating system. You may use the Software on a single computer. 3. Use of Microsoft(r) Windows(r) NeTraverse does not supply a license for the use of Microsoft Windows. You are required to have a Microsoft Windows license and access to Microsoft Windows installation media to use the NeTraverse Win4Lin Software. 4. Backup Copy: You may make only one (1) copy of the Software solely for backup or archival purposes. With the exception of the foregoing, you may not copy the Software. 5. Restrictions: You may not modify or create derivative works of the Software. You may not distribute, sell, assign, sublicense, lease, loan, rent, timeshare or otherwise transfer the Software or your right to use the Software to any other person or entity. You may not remove or alter any trademark, logo, product identification, copyright notice or other notice on the Software. Since the source code for the Software constitutes a valuable trade secret of NeTraverse, you may not derive or attempt to derive the source code by any means such as reverse engineering, decompilation or disassembly. You may not permit or cause anyone else to do anything prohibited by this paragraph or Agreement. 6. No Warranty: THE SOFTWARE IS LICENSED TO YOU "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. NETRAVERSE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 7. Consequential Damages: NETRAVERSE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) UNDER ANY THEORY OF LIABILITY, EVEN IF NETRAVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS REASONABLE, AND THAT THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL PART OF THIS AGREEMENT WITHOUT WHICH NETRAVERSE WOULD BE UNWILLING TO LICENSE THE SOFTWARE TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 8. Limit of Liability: NeTraverse's total liability to you arising from the Software or this Agreement shall be limited to the total amount you have paid to NeTraverse under this Agreement. 9. Government End Users: If you are an agency or instrumentality of the United States Government, the Software and its related documentation are "commercial computer software" and "commercial computer software documentation," and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, the use, reproduction and disclosure of the Software and documentation are governed by the terms of this Agreement. 10. Term: You may terminate this Agreement at any time by destroying all copies of the Software, whether in electronic form or embodied in a physical medium. This Agreement will terminate immediately and automatically if you breach any of the terms of this Agreement. When you no longer have a license to use the Software, you must immediately discontinue use of the Software and erase the Software from your computer. Paragraphs 1, 6, 7, 8, 10 and 12 shall survive termination of this Agreement. 11. Audit Right: NeTraverse has the right to audit your use of the Software to ensure compliance with the terms of this Agreement. 12. General: This Agreement is made and entered into in Travis County, and will be subject to the laws of the State of Texas, USA, without regard to choice of law principles. If any provision of this Agreement is unenforceable under applicable law, such provision will be deemed modified so as to be enforceable within the limits of applicable law and the other provisions of this Agreement will remain in full force and effect. This Agreement constitutes the entire agreement between you and NeTraverse regarding your use of the Software and may be modified only in a written agreement signed by both you and NeTraverse. You must agree to all of the foregoing terms if you wish to install the Software.