SOFTWARE LICENSE AGREEMENT OF WinDriver v5.00 Jungo (c) 2001 JUNGO ("LICENSOR") IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE YOU INSTALL THE SOFTWARE, BECAUSE BY INSTALLING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, LICENSOR WILL NOT LICENSE THIS SOFTWARE TO YOU, AND IN THAT CASE YOU SHOULD IMMEDIATELY DELETE ALL COPIES OF THIS SOFTWARE YOU HAVE IN ANY FORM. OWNERSHIP OF THE SOFTWARE 1. The enclosed Licensor software program ("Software") and the accompanying written materials are owned by Licensor or its suppliers and are protected by United States of America copyright laws, by laws of other nations, and by international treaties. GRANT OF LICENSE 2. Jungo grants to you as an individual, a personal, nonexclusive "one-user" license to use the Software on a single computer in the manner provided below at the site for which the license was given. If you are an entity, Jungo grants you the right to designate one individual within your organization to have the right to use the Software on a single computer in the manner provided below at the site for which the license was given. 3. If you have not yet purchased a license to the Software, Licensor grants to you the right to use the Software for an evaluation period of 30 days. If you wish to continue using the Software and accompanying written materials after the evaluation period, you must register the Software by sending the required payment to Licensor. You will then receive a license for continued use and a registration code that will permit you to use the Software on a single computer free of payment reminders. The Software may come with extra programs and features that are available for use only to registered users through the use of their registration code. RESTRICTIONS ON USE AND TRANSFER 4. You may not distribute any of the headers or source files which are included in the Software package. 5. The license for WinDriver allows you for royalty free distribution of the following files only when complying with sections 5a, 5b, 5c and 5d of this agreement: WINDRVR.SYS (Windows NT/98/ME/2000) WINDRVR.VXD (Windows 95/98/ME) WINDRVR.DLL (Windows CE) windrvr.a, linux_wrappers.c, linux_wrappers.h (Linux) windrvr (Solaris) windrvr.o (VxWorks) 5a. These files may be distributed only as part of the application you are distributing, and only if they significantly contribute to the functionality of your application. 5b. You may not distribute the WinDriver header file (WINDRVR.H). You may not distribute any header file which describes the WinDriver functions, or functions which call the WinDriver functions and have the same basic functionality as the WinDriver functions themselves. 5c. You may not modify the distributed files specified in section 5 of this agreement. 5d. WinDriver may not be used to develop a development product, an API, or any products which will eventually be part of a development product or environment, without the written consent of the licensor. 6. You may make printed copies of the written materials accompanying Software provided that they used only by users bound by this license. 7. You may not distribute or transfer your registration code or transfer the rights given by the registration code. 8. You may not rent or lease the Software or otherwise transfer or assign the right to use the Software. 9. You may not reverse engineer, decompile, or disassemble the Software. DISCLAIMER OF WARRANTY 10. THIS SOFTWARE AND ITS ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED BY LICENSOR "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE DISCLAIMED. 11. IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, SAVINGS, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. 12. This Agreement is governed by the laws of the United States of America. 13. If you have any questions concerning this Agreement or wish to contact Licensor for any reason, please write: Jungo (c) 2001 Web site: http://www.jungo.com E-mail: info@jungo.com Voice: 1-877-514-0537(USA) +972-9-8859365(Worldwide) Fax: 1-877-514-0538(USA) +972-9-8859366(Worldwide) Address: Jungo P.O.Box 8493 Natanya Zip-code 42504 Israel U.S. GOVERNMENT RESTRICTED RIGHTS 14. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.