IMPORTANT NOTICE: THIS IS A BETA TEST AGREEMENT FOR INTEL PRODUCTS BY USING THESE INTEL PRODUCTS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. DO NOT USE THE PRODUCTS UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE AGREEMENT TERMS, PROMPTLY RETURN THE INTEL PRODUCTS AND ANY ACCOMPANYING ITEMS IN THEIR UNOPENED PACKAGING. IF YOU USE THESE PRODUCTS, YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT 1. LOAN. Subject to the terms of this Agreement, Intel will loan to You at no charge, for beta testing and compatibility purposes only, the Beta Kit provided herein ("Beta Kit"), which is under development by Intel or its suppliers. Title to all Beta Kits remains with Intel or its suppliers. You shall not mortgage, pledge or encumber the Beta Kit in any way. You shall keep the Beta Kit in good working order. 2. LICENSE. Intel grants to You for the term of this Agreement a personal, nontransferable, nonexclusive license to use the software supplied herein, if any ("Software"), only on equipment supplied with the Software or other equipment as approved by Intel, solely for Your beta testing purposes. 3. COPIES. You may make up to five (5) copies, in whole or in part, of the Software licensed by Intel for all purposes, including use, backup, and archive. 4. PROTECTION AND SECURITY OF SOFTWARE. Software is the trade secret or confidential information of Intel or its suppliers. You shall not make Software available in any form to any person other than Your employees whose job performance requires such access. You shall take appropriate action to protect the confidentiality of Software and to ensure that any person permitted access to Software has signed a written nondisclosure agreement with You and does not provide the Software to others. You shall not reverse-assemble, reverse-compile or otherwise reverse-engineer the Software. 5. NO OBLIGATION. You shall have no obligation or commitment with respect to the purchase or licensing of any Beta Kit from Intel. 6. SUPPORT. At its sole discretion, Intel will provide limited support for the Beta Kits. In order to participate in this Beta program and obtain such support (which may include follow-on Beta products), You shall complete and return the registration card included with the Beta Kit to Intel within ten (10) days after Your receipt . 7. COOPERATION. You shall use the Beta Kit and will cooperate with Intel in evaluation of the Beta Kit. You shall provide weekly telephone reports describing Your beta testing results and comments on the Beta Kit. If requested by Intel, You will provide Intel access to observe and test the Beta Kit at Your site and to make such modifications as Intel may deem necessary or useful. Intel shall be under no obligation to make any tests or modifications. Intel agrees to conduct activities in a manner that will not unreasonably interfere with Your usual business activities. 8. MODIFICATION. You shall keep the Beta Kit at Your site during the term of this Agreement and (for Software in binary form) shall not make any modifications to the Beta Kit without Intel's written consent. You will make available to Intel copies of data connected with Your use of the Beta Kit including, but not limited to, test results, corrections, deficiency information and actual or suggested improvements, and consult with Intel in the review or analysis of the same. 9. LOSS OR DAMAGE. You shall notify Intel of any loss or damage to the Beta Kit. You shall be liable for any damage to the Beta Kit and shall pay Intel the value of any Beta Kit damaged or destroyed in the event the Beta Kit are damaged, destroyed or not properly maintained while in Your possession. 10. RETURN OF PRODUCTS. You shall return the Beta Kit (or destroy all Software without keeping a copy) upon the termination of this Agreement in the same condition as when provided by Intel, excluding ordinary wear and tear. You shall pay all costs of shipping the Beta Kit to Intel upon termination of this Agreement. You shall be liable for any damages to the Beta Kit between the time the Beta Kit is shipped or provided to You by Intel and received by Intel from You. 11. WARRANTY DISCLAIMER. INTEL AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE BETA KITS OR ANY PRODUCTS THEREIN, EITHER EXPRESS OR IMPLIED. INTEL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE BETA KITS, INCLUDING ANY SOFTWARE, ARE PROVIDED AS IS, AND INTEL WILL NOT PROVIDE ANY SUPPORT, ASSISTANCE, INSTALLATION, TRAINING OR OTHER SERVICES. INTEL WILL ALSO NOT PROVIDE ANY UPDATES, ENHANCEMENTS OR EXTENSIONS. 12. LIMITATION OF LIABILITY. INTEL AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF PROFITS, INTERRUPTION OF BUSINESS OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13. DEVELOPMENT. Although Intel's present intentions are to develop a commercial product based upon the Beta Kit, Intel does not agree to release and/or offer for sale or license any Beta Kit, or any portion or derivative thereof. Intel has the right to discontinue the use or availability of a Beta Kit or any portion thereof at any time without any notice, obligation or liability whatsoever to You. 14. CONFIDENTIALITY. Beta Kits contain or encompass trade secrets or confidential information of Intel or its suppliers. You shall keep all information confidential concerning the Beta Kits, including their existence, notwithstanding the presence or absence of any proprietary legends. A copyright notice on any data/materials by itself does not constitute or evidence a publication or public disclosure. All right, title and interest to any invention relating to an improvement of a Beta Kit conceived in or made in the course of or as a result of Your performance under this Agreement shall be the exclusive property of Intel or its suppliers. 15. TERMINATION. Your license to use the Beta Kit shall terminate upon Intel's release of a commercial version of the Software, the Beta Kit, or any other materials provided under this Agreement. 16. GENERAL. 16.1 Controlling Law. This Agreement is governed by the laws of the State of California, excluding its conflict of laws provisions. 16.2 Non-assignment. You shall not assign this Agreement and the rights under this Agreement shall not be sublicensed, assigned or otherwise transferred by You without the prior written consent of an authorized representative of Intel. 16.3 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to this subject matter and may not be modified or changed in any manner except by a writing duly executed by Intel. All prior discussions and negotiations are superseded by this Agreement. BETA KIT (including Software) The Beta Kit includes: Bus Master IDE Driver, and/or PIIX IDE Analysis Tool plus associated 'readme' files, documentation, installation procedures and supporting applications. * Other brands and names are the property of their respective owners. BETA-SHRINK/RBK/10-03-96