Software License and Warranty

Motorola, Inc., Broadband Communications Sector (“Motorola”)

Cable Data Division

101 Tournament Drive

Horsham, PA 19044

License

IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE (“LICENSE”) CAREFULLY BEFORE YOU INSTALL, DOWNLOAD OR USE ANY APPLICATION SOFTWARE, USB DRIVER SOFTWARE, FIRMWARE AND RELATED DOCUMENTATION (“SOFTWARE”) PROVIDED WITH MOTOROLA’S CABLE DATA PRODUCT (THE “CABLE DATA PRODUCT”). BY USING THE CABLE DATA PRODUCT AND/OR INSTALLING, DOWNLOADING OR USING ANY OF THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF EACH OF THE TERMS OF THIS LICENSE. UPON ACCEPTANCE, THIS LICENSE WILL BE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MOTOROLA. THE TERMS OF THIS LICENSE APPLY TO YOU AND TO ANY SUBSEQUENT USER OF THIS SOFTWARE.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE (I) DO NOT INSTALL OR USE THE SOFTWARE AND (II) RETURN THE CABLE DATA PRODUCT AND THE SOFTWARE (COLLECTIVELY, “PRODUCT”), INCLUDING ALL COMPONENTS, DOCUMENTATION AND ANY OTHER MATERIALS PROVIDED WITH THE PRODUCT, TO YOUR POINT OF PURCHASE OR SERVICE PROVIDER, AS THE CASE MAY BE, FOR A FULL REFUND. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE PROVISIONS OF THIS LICENSE AGREEMENT.

The Software includes associated media, any printed materials, and any “on-line” or electronic documentation. Software provided by 3rd parties may be subject to separate end-user license agreements from the manufacturers of such Software.

The Software is never sold. Motorola licenses the Software to the original customer and to any subsequent licensee for personal use only on the terms of this License. Motorola and its 3rd party licensors retain the ownership of the Software.

You may:

USE the Software only in connection with the operation of the Product.

TRANSFER the Software (including all component parts and printed materials) permanently to another person, but only if the person agrees to accept all of the terms of this License. If you transfer the Software, you must at the same time transfer the Product and all copies of the Software (if applicable) to the same person or destroy any copies not transferred.

TERMINATE this License by destroying the original and all copies of the Software (if applicable) in whatever form. You may not:

(1)Loan, distribute, rent, lease, give, sublicense or otherwise transfer the Software, in whole or in part, to any other person, except as permitted under the TRANSFER paragraph above.

(2)Copy or translate the User Guide included with the Software, other than for personal use. (3) Copy, alter, translate, decompile, disassemble or reverse engineer the Software, including but not limited to, modifying the Software to make it operate on non-compatible hardware. (4) Remove, alter or cause not to be displayed, any copyright notices or startup message contained in the Software programs or documentation. (5) Export the Software or the Product components in violation of any United States export laws.

The Product is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in design, construction, operation or maintenance of any nuclear facility. MOTOROLA AND ITS 3rd PARTY LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES. YOU REPRESENT AND WARRANT THAT YOU SHALL NOT USE THE PRODUCT FOR SUCH PURPOSES.