Adaptec Software License Agreement

Contacting Adaptec

In return for acquiring a license to use the software (“Software”) and related documentation, you agree to the following terms and conditions:

1License: This Agreement grants you, the Licensee, a license to:

a use the Software on a single computer system which incorporates an Adaptec SCSI Card, or in the case of a multi-user or networked system which permits access to the Software by more than one user at the same time, at a single working location.

b make one copy of the Software in machine readable form solely for back-up pur- poses provided you reproduce Adaptec’s copyright notice and any proprietary legends.

2Restrictions: You may not distribute copies of the Software to others or electronically transfer the Software from one computer to another over a network. You may not use the Software from multiple locations of a multi-user or networked system at any one time. The Software contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT,

LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

3Ownership of Software: As Licensee, you own the media upon which the software is fixed, but Adaptec retains title and ownership of the Software recorded on the original media and all subsequent copies of the Software regardless of the form or media in which or on which the original and other copies may exist. This license is not a sale of the Software or any copy.

4Confidentiality: You agree to maintain the Software in confidence and to not disclose the Software to any third party without the express written consent of Adaptec. You further agree to take all reasonable precautions to preclude access of unauthorized persons to the Software.

5Term: This license is effective until January 1, 2042, unless terminated earlier. You may terminate the license at any time by destroying the Software (including the related documentation) together with all copies or modifications in any form. Adaptec will have the right to terminate your license immediately if you fail to comply with any term or condition of this Agreement. Upon any termination, including termination by you, you must destroy the Software (including the related documentation) together with all copies or modifications in any form.

6Limited Warranty: Adaptec warrants only that the media upon which the Software is furnished will be free from defects in material or workmanship under normal use and service for a period of thirty (30) days from the date of delivery to you. ADAPTEC DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGO- ING STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WAR- RANTY, ADAPTEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHENTABILITY OR FIT- NESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

7Limitation of Liability: IN NO EVENT WILL ADAPTEC BE LIABLE TO YOU FOR ANY SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADAPTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.

8Limitation of Remedies: Adaptec’s entire liability and your exclusive remedy shall be: