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2. License. Allied Telesyn International and its licensors retain ownership of the Software. For Software delivered on floppy

disk, you own the disk on which the Software is recorded. For Software delivered on floppy disk or downloaded from a

bulletin board, you are granted a non-exclusive license to use the Software on a single computer and to make one backup

copy of the Software in machine-readable form. You must reproduce on the backup copy all copyright and other proprietary

legends appearing on the original copy of the Software. For Software delivered in firmware, you are granted a non-exclusive

license to use the Software solely on the Equipment with which it is delivered, or in the case of updates, for which it is

provided.

3. Transfer. You may transfer all of your license rights in the Software, along with any backup copy and all associated

documentation, to another party, provided you give that party a copy of this License and such party reads and agrees to the

terms of this License. Software delivered in firmware may be transferred only when title to the associated Equipment is

transferred to the same party.

4. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material. You may not

decompile, reverse engineer, disassemble, translate or otherwise reduce the Software to human-perceivable form. You may

not rent, lease, loan, sublicense, disclose, distribute, modify or create derivative works based upon the Software in whole

or in part.

5. Limited Warranty. For Software delivered on disk, Allied Telesyn International warrants that the disk on which the

Software is recorded will be free from defects in materials and workmanship under normal use for ninety (90) days from

the date of purchase. All Software is provided AS IS and without any warranty of any kind, except that for Software delivered

in firmware, Allied Telesyn International warrants that the Software will meet Allied Telesyn International’ published

specification during the warranty period for the associated Equipment.

For purposes of the remainder of this section and section 6, “Allied Telesyn International” includes Allied Telesyn

International and its licensors, if any. For Software delivered on disk, Allied Telesyn International’ entire liability and your

exclusive remedy will be replacement during the warranty period of a disk not meeting the warranty. You may return a

defective disk to Allied Telesyn International. For Software delivered in firmware, Allied Telesyn International’ entire liability

and your exclusive remedy will be, at Allied Telesyn International’ option, the repair or replacement during the warranty

period of a Product not meeting the warranty, or the refund of the price paid for the Product (upon return of the Product).

THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY

RIGHTS. Allied Telesyn International DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET

YOUR REQUIREMENTS OR BE ERROR FREE OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED,

OR THAT DEFECTS IN THE SOFTWARE AND DOCUMENTATION WILL BE CORRECTED. NO WRITTEN OR ORAL information

or ADVICE GIVEN BY Allied Telesyn International OR AN Allied Telesyn International RESELLER or distributor WIll create

ANY WARRANTY or in any way increase the scope of this warranty. This warranty gives you specific legal rights. You may

have other rights that vary from state to state and country to country. SOME STATES DO NOT ALLOW THE EXCLUSION OF

IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY IMPLIED WARRANTIES ARE LIMITED

IN DURATION TO NINETY (90) DAYS.

6. Limitation on Liability. UNDER NO CIRCUMSTANCES WILL Allied Telesyn International BE LIABLE FOR ANY

INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS OR LOST SAVINGS RESULTING FROM

THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF Allied Telesyn International

HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the limitation or exclusion of

liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

In no event will Allied Telesyn International’ total liability to you for all damages, losses and causes of action, whether in

contract, tort (including negligence) or otherwise, exceed the amount paid by you for the Software.

7. Export. Export or re-export of Software or any technical data received from Allied Telesyn International, and any direct

product thereof, may be subject to U.S. or other government restrictions. You agree to comply with all applicable

government export regulations.

8. Government End Users. If you are accepting the Software on behalf of any unit or agency of the United States

Government, the following provisions apply. The Government agrees: (i) if the Software is supplied to the Department of

Defense (DoD), the Software is classified as “Commercial Computer Software” and the Government is acquiring only

“restricted rights” in the Software and documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARs;

and (ii) if the Software is supplied to any other unit or agency of the United States Government, the Government’s rights in

the Software and documentation are defined in Clause 52.227-19(C)(2) of the FAR or, in the case of NASA, in Clause 18-

52.227-86(d) of the NASA Supplement to the FAR. Contractor/manufacturer is Allied Telesyn International, Inc., 950 Kifer

Road, Sunnyvale, California.

9. Dual Media. If Software is supplied on both 3.5 inch and 5.25 inch disks, then you may use only the disk that is

appropriate for the one computer with which you will use the Software. You may not use, nor permit anyone else to use,

the other disk, except as part of the transfer of all of your rights in the Software.

10. Termination. This License will terminate immediately without notice if you fail to comply with any provision of this

License.

613-10434-00.bk Page 48 Monday, March 18, 1996 2:53 PM