EULA END USER LICENSE AGREEMENT FOR INFRANT TECHNOLOGIES SOFTWARE PRODUCTS January 28, 2005 INFRANT TECHNOLOGIES, INC. NETWORK ATTACHED STORAGE (NAS) MANAGEMENT (“MANAGEMENT UTILITY”), NAS SYSTEM SOFTWARE EMBEDDED IN OUR NAS APPLIANCE (“EMBEDDED SOFTWARE”), NAS INSTALLATION SOFTWARE (“INSTALLATION UTILITY”) AND ANY SOFTWARE THAT CONSTITUTES AS A PART OF OUR APPLIANCE HARDWARE PRODUCTS, IS LICENSED TO YOU, THE USER, AND IS SUBJECT TO THIS END USER LICENSE AGREEMENT ("EULA"). PLEASE READ THE TERMS OF THIS EULA CAREFULLY. BY USING INFRANT’S NAS APPLIANCE (“APPLIANCE”); INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW); YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE. THIS EULA IS A CONTRACT BETWEEN YOU (EITHER AN INDIVIDUAL OR ANY ENTITY) AND INFRANT TECHNOLOGIES, INC. ("INFRANT TECHNOLOGIES"), WHICH IS THE SOLE OWNER OR LICENSOR OF THE TECHNOLOGIES USED IN THE APPLIANCE PRODUCT, GOVERNS YOUR USE OF THE INFRANT TECHNOLOGIES SOFTWARE PRODUCT THAT ACCOMPANIES THIS EULA AND RELATED SOFTWARE COMPONENTS, WHICH MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND ONLINE OR ELECTRONIC DOCUMENTATION. DEFINITIONS This Infrant Technologies NAS Management software package includes the software products RAIDar, FrontView, RAIDiator, and Open Source Software components. These software are licensed, not sold to you. Infrant Technologies reserves any rights not expressly granted to you. In this EULA, the Infrant Technologies NAS Management software and associated media, printed materials, and online or electronic documentation are collectively referred to as the "Software". Infrant Technologies hereby grants you a limited, personal, and non-exclusive license to install and use the Software solely under the terms and conditions of this agreement and only on the appliance that was purchased through legitimate means. "Open Source Software" means various open source software components, including, without limitation, Linux, Samba, NetAtalk, Perl, DHCP, and GlibC licensed under the terms of applicable open source license agreements included in the materials relating to such software. OPEN SOURCE SOFTWARE The Open Source Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. You must review the licenses within the individual packages to understand your rights under them. The licenses can be found in the licenses.zip file on the installation CD. Copyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files or in the licenses.zip file or other materials accompanying the software package. LICENSE LIMITATION You may not copy the Software except for a reasonable number of machine-readable copies of the Software for backup or archival purposes. Copying of the Licensed Software, unless specifically authorized by Infrant Technologies in writing, is strictly prohibited by law. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software. You may not use, modify, copy, sell, lease, sublease or otherwise transfer of the Software, any copies or modifications, in whole or in part, except provided by this agreement. You are not granted any rights to any trademarks or service marks of Infrant Technologies. Infrant Technologies retains all rights not expressly granted to you. These licensed software contains trades secrets, and in order to protect them, you agree not to reserve assemble, decompile or disassemble or otherwise reverse engineer any part of the licensed software and you will not permit others to do the same. PROPRIETARY RIGHTS RESERVED BY INFRANT TECHNOLOGIES Infrant Technologies retains all rights, title, and interest in and to the Software and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. The intellectual property rights to the Software is protected by the United States Copyright laws and international treaties, laws and regulations relating to protection of copyrights and other intellectual properties. Any violations of this agreement could force Infrant Technologies to bring legal means to enforce this agreement or to recover any damage deemed appropriate due to this violation. TRANSFER AND TERMINATION OF LICENSE Infrant Technologies provides license to you exclusively and the right to use is not transferable unless a written notice is sent to Infrant Technologies within 30 days of the transfer. If you transfer the rights to the Software, you must not retain any copies or the Software within your possession. Infrant Technologies may terminate this EULA if you fail to comply with any term of this EULA. In the event of termination, you must destroy all copies of the Software and remove all copies of the Software from the personal computer(s) on which it is installed. GOVERNMENT RESTRICTIONS You may not export or re-export the Software except in compliance with the United States Export Administration Act and the related rules and regulations and similar non-U.S. government restrictions, if applicable. The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying, or disclosing of the Software by the U.S. Government shall be governed solely by the terms of this EULA. LIMITATION OF LIABILITY In no event will Infrant Technologies be liable for any lost profits or business opportunities, loss of use, business interruption, loss of data, or any other indirect, special, incidental, or consequential damages under any theory of liability, whether based in contract, tort, negligence, product liability, or otherwise. The maximum liability Infrant Technologies is responsible shall not exceed the price you have paid for the product. This limitation shall apply regardless of whether Infrant Technologies has been advised of the possibility of such damages. GENERAL This EULA is governed by the laws of the State of California, U.S.A. without regard to conflict of law principles. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect. This EULA may be modified only by written agreement signed by authorized representatives of you and Infrant Technologies. CONTACT INFORMATION If you have any questions about this EULA, or if you want to contact Infrant Technologies for any reason, please direct all correspondence to: Infrant Technologies, Inc., 3065 Skyway Ct., Fremont, CA 94539, United States of America or email info@infrant.com. RAIDar, FrontView, RAIDiator and ReadyNAS are trademarks of Infrant Technologies, Inc.