Adaptec Software License Agreement

PLEASE READ CAREFULLY: THE USE OF THIS SOFTWARE IS SUBJECT TO THE SOFTWARE LICENSE TERMS OF ADAPTEC, INC. AND OTHER LICENSORS WHOSE SOFTWARE MAY BE BUNDLED WITH THIS PRODUCT.

BY YOUR USE OF THE SOFTWARE INCLUDED WITH THIS PRODUCT YOU AGREE TO THE LICENSE TERMS REQUIRED BY THE LICENSOR OF THAT SOFTWARE, AS SET FORTH DURING THE INSTALLATION PROCESS. IF YOU DO NOT AGREE TO THE LICENSE TERMS APPLICABLE TO THE SOFTWARE, YOU MAY RETURN THE ENTIRE UNUSED PRODUCT FOR A FULL REFUND.

In return for acquiring a license to use the Adaptec software, which may include software from third party licensors and patches made available by Adaptec (“Software”), and the related documentation, you agree to the following terms and conditions:

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

a.Use the Software on a single computer system, which is not intended for use by more than five (5) users; and:

b.Make one copy of the Software in machine readable form solely for back-up purposes, provided you reproduce Adaptec's copyright proprietary legends. Notwithstanding the foregoing, the Software may be used on the home, laptop or other secondary computer of the principal user of the Software, and an additional copy of the Software may be made to support such use. As used in this license, the Software is “in use” when it is either loaded into RAM or installed on a hard disk or other permanent memory device. The Software may be “in use” on only one computer at any given time. (Different license terms and fees are applicable for networked or multiple user applications.) As a specific condition of this license, you agree to use the Software in compliance with all applicable laws, including copyright laws, and that you will not copy, transmit, perform or distribute any audio or other content using the Software without obtaining all necessary licenses or permissions from the owner of the content.

2.Restrictions. 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 post or otherwise make available the Software, or any portion thereof, in any form, on the Internet. You may not use the Software in a computer service business, including in time sharing applications. 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.

3.Ownership of Software. As Licensee, you own the media upon which the software is recorded or fixed, but Adaptec and its licensors retain 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.

4.Confidentiality. You agree to maintain the Software in confidence and that you will 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.

5.Term. This license is effective until January 1, 2045, 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 our 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.

6.Special Terms Applicable to Databases. Where a database is included with the Software, you acknowledge that it is licensed only in connection with the use of the Software to perform disc creation, and that the database and all data derived therefrom must be maintained in confidence in accordance with the provisions of Section 4. This license does not grant you any rights to distribute or disclose such database or data.

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