MICRON TECHNOLOGY, INC. SOFTWARE LICENSE AGREEMENT PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") FROM MICRON TECHNOLOGY, INC. ("MTI") CAREFULLY: BY INSTALLING, COPYING OR OTHERWISE USING THE MICRON STORAGE EXECUTIVE OR MICRON STORAGE EXECUTIVE COMMAND LINE INTERFACE SOFTWARE AND ANY RELATED PRINTED MATERIALS ("SOFTWARE"), YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE. LICENSE: MTI hereby grants to you the following rights: You may use the Software for management and/or analysis of Micron solid state storage products subject to the terms of this Agreement. You must maintain all copyright notices on all copies of the Software. You agree not to modify, adapt, decompile, reverse engineer, disassemble, or otherwise translate the Software. MTI may make changes to the Software at any time without notice to you. In addition, MTI is under no obligation whatsoever to update, maintain, or provide new versions or other support for the Software. OWNERSHIP OF MATERIALS: You acknowledge and agree that the Software and any derivative works thereof are proprietary property of MTI (and/or its licensors) and protected by United States copyright law and international treaty provisions. Except as expressly provided herein, MTI does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. You further acknowledge and agree that all right, title, and interest in and to the Software, including associated proprietary rights, are and shall remain with MTI (and/or its licensors). This Agreement does not convey to you an interest in or to the Software, but only a limited right to use and copy the Software in accordance with the terms of this Agreement. The Software is licensed to you and not sold. DISCLAIMER OF WARRANTY: THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MTI, ON BEHALF OF ITSELF AND ITS LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. MTI DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, MTI DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. IN NO EVENT SHALL MTI, ITS AFFILIATED COMPANIES OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. During performance of this Agreement, the parties may disclose or furnish to each other proprietary marketing, technical, or business confidential information ("Confidential Information"). Confidential Information provided in tangible form shall be clearly marked as confidential. Confidential Information provided orally shall be considered confidential, if the disclosing party identifies it as confidential at the time of oral disclosure and summarizes such Confidential Information in a writing to the receiving party within thirty (30) days of the initial disclosure thereof. Regardless of any markings or identification as confidential, the parties agree that the Tools, and corresponding code and documentation are Confidential Information under this Agreement. The receiving party shall: (i) hold Confidential Information in confidence using the same degree of care as it normally exercises to protect its own Confidential Information, but no less than reasonable care; (ii) subject to and in accordance with the license grants herein, restrict disclosure and use of Confidential Information to employees, and as applicable end users on a need-to-know basis and not disclose it to any other parties; (iii) advise those employees and end users of their obligations with respect to the Confidential Information; (iv) not copy, duplicate, reverse engineer or decompile Confidential Information except as authorized herein; (v) use the Confidential Information only in furtherance of performance under this Agreement or as authorized under this Agreement; and (vi) upon expiration or termination of this Agreement, return all Confidential Information to the disclosing party or at the request of the disclosing party, destroy such Confidential Information. The receiving party shall have no obligation to keep Confidential Information that: (i) was previously known to it free of any confidentiality obligation; (ii) was independently developed by it; (iii) is or becomes publicly available other than by unauthorized disclosure; (iv) is disclosed to third parties by the disclosing party without restriction; or (v) is received from a third party without violation of any confidentiality obligation. If a party is faced with legal action or a requirement under government regulations to disclose or make available Confidential Information received hereunder, such party shall forthwith notify the disclosing party and, upon request of the latter, cooperate in contesting such action or requirement at the disclosing party's expense. The disclosing party makes no warranty as to the accuracy of any Confidential Information, which Confidential Information is furnished "AS IS" with all faults. In no event shall either party be liable for the accuracy or completeness of the Confidential Information. Each party agrees that for a period of five (5) years from the date of disclosure it shall not disclose Confidential Information received from the disclosing party to any third party, and shall use such Confidential Information solely for the purpose stated herein. Notwithstanding the foregoing, any information which is a trade secret or source code shall remain confidential in perpetuity and Licensee shall not disclose it to any third party without the express written consent of MTI. This Agreement constitutes the entire agreement between MTI and you regarding the subject matter hereof and supersedes all previous oral or written communications between the parties. This Agreement shall be governed by the laws of the State of Idaho without regard to its conflict of laws rules. By proceeding with the installation of the Software, you agree to the terms of this Agreement. You must agree to the terms in order to install and use the Software.