Evolve Communications RD5000 manual Software License Agreement

License Agreement

Software License Agreement

This End User Software License Agreement (“Agreement”) is between Evolve Products, Inc. (“Licensor”) and you, the end user (“Licensee”).

1.Grant of License. Subject to the terms and conditions of this Agreement, Licensor grants Licensee a non-exclusive, nonsublicenseable license to use the software described below (“Software”). The Software is licensed and not sold. Licensee acknowledges and agrees that the Software contains trade secrets and other proprietary information of Licensor and Licensor’s suppliers, and that Licensor and Licensor’s suppliers retain all title to and, except as expressly and unambiguously licensed herein, all right and interest in the Software and all intellectual property rights worldwide therein. Software Description: The computer software, including without limitation, the operating system, file system, graphics system, and user applications embedded in, or subsequently downloaded to a remote control device sold by Licensor (the “Device”).

2.Restrictions. Licensee may use the one copy of the Software embedded in the Device. Licensee may not remove or in anyway disassemble the Software contained in the Device. The Software is licensed as a single product and may not be separated into its component parts for any reason whatsoever. Licensee shall not (and shall not allow any third party to) (i) decompile, disassemble, or otherwise reverse engineer (except to the extent expressly permitted under applicable law) or attempt to reconstruct or discover any of Licensor’s source code, underlying ideas, algorithms, trade secrets or other proprietary information by any means whatsoever,

(ii)remove any product identification, copyright or other notices, or

(iii)provide, lease, lend, use for timesharing or service bureau purposes or otherwise use or allow others to use the Software to or for the benefit of third parties.

3.Termination. This Agreement is effective until terminated. This Agree- ment will terminate automatically in the case of a breach of Section 2. (Restrictions). Upon termination, Licensee shall immediately cease all use of the Software and return or destroy all copies of the Software and all portions thereof and so certify to Licensor. Except for the license and except as otherwise expressly provided herein, the terms of the Agreement shall survive termination. Termination is not an exclusive remedy and all other remedies will be available whether or not the Agreement is termi- nated.

4.No Government Use. Licensee represents that it is not a U.S. govern- ment agency and it is not acquiring the license pursuant to a U.S. government contract or with U.S. government funds; the license does not authorize or allow use by, or funded by, any U.S. governmental entity.

66 License Agreement *Trademark