Software License Agreement ========================== IMPORTANT: This is a legal agreement between you ("Customer") and Indra Networks, Inc. ("Company") for all the software distributed with this file. By installing or using this software, you agree to be bound by the terms of this agreement. If you do not agree, do not install this product. EXCEPTION: If your use of this software is governed by an OEM agreement in place between Indra Networks and you, then the terms of that agreement apply and the rest of this agreement may be ignored. This software product is licensed, not sold. 1. License to use Subject to the terms of this Agreement, Company grants to Customer a personal, nonsublicensable, nonexclusive license to use the software in accordance with the documentation or instructions supplied by the Company, solely in conjunction with hardware purchased from Company. 2. Copying and Archival Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original. EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, RECIPIENT SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE. 3. Confidentiality Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Company. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Company. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Company. 4. WARRANTY DISCLAIMER The parties acknowledge that the software is experimental in nature and that the software and all related materials are provided "AS IS" and may not be functional on any machine or in any environment. COMPANY DISCLAIMS ALL WARRANTIES RELATING TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF COMPANY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Company's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. 5. Termination This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Company if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software. 6. General This agreement shall be governed by the laws of the State of California. If any provision of this agreement is ruled contrary to the law by a court of competent jurisdiction, the remaining provisions shall remain in effect. 7. U.S. GOVERNMENT RESTRICTED RIGHTS. This software product and the documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.