Appendix D

Software License

End-User License Agreement for Software Warranty for Software and Hardware

Important- READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) licensee of the IntraServer ITIpciTM SCSI Software being licensed by IntraServer Technology, Inc. (“ITI”) for the software (“SOFTWARE PRODUCT” or “SOFTWARE”) provided with the ITIpciTM Host Adapter (“Host Adapter”). You may not use the Software except in conjunction with the Host Adapter. The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any “on-line” or electronic documentation. By installing, copying or otherwise using the SOFTWARE PRODUCT you agree to bound by the terms of this EULA. If you do not agree to the terms of this EULA, ITI is unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use or copy the SOFTWARE PRODUCT, and you should promptly contact ITI or your reseller for instructions on return of the Host Adapter and Software for a refund.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is owned by ITI, protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold, and ITI retains all rights not expressly granted. You acknowledge and agree that the copyright, patent, trade secret and all other intellectual property rights of whatever kind and nature in the SOFTWARE PRODUCT and the Host Adapter and related specifications and documentation shall remain the property of ITI and nothing in this agreement shall be construed as transferring any aspects of such rights to you or any third party. Except as specifically permitted in this Agreement, you may not copy the software, any printed materials accompanying the software or any “on-line” or electronic documentation.

1.GRANT OF LICENSE:

This EULA grants you the following non-exclusive rights:

LSI Logic Corporation

Page 50 of 56