End user license agreement, Icense, Greement – 3Com WL-560 User Manual

Page 63

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GREEMENT

Customer shall take all steps necessary to protect Wind River's and its licensors' proprietary rights in the
Run-Time Module and to ensure that each Run-Time Module distributed by Customer will be accompanied
by a localized copy of an End User License Agreement.

Such End User License Agreement shall prohibit the End User from: (i) copying the Run-Time Module, except
for archive purposes consistent with the End User's archive procedures; (ii) transferring the Run-Time Module
to a third party apart from the Target Application; (iii) modifying, decompiling, disassembling, reverse
engineering or otherwise attempting to derive the Source Code of the Run-Time Module; (iv) exporting the
Run-Time Module or underlying technology in contravention of applicable U.S. and foreign export laws and
regulations; and (v) using the Run-Time Module other than in connection with operation of the Target
Application.

In addition, the End User License Agreement shall: (i) state that the Run-Time Module is licensed, not sold and
that Customer and its licensors retain ownership of all copies of the Run-Time Module; (ii) expressly disclaim
all implied warranties, including without limitation the implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement; (iii) exclude liability for any special, indirect, punitive,
incidental and consequential damages; and (iv) require that any further distribution of the Run-Time Module
be subject to the same restrictions set forth herein.

The End User License Agreement shall also state that, with respect to the Run-Time Module, Wind River and
its licensors are third party beneficiaries of the End User License Agreement and that the provisions related to
the Run-Time Module are made expressly for the benefit of, and are enforceable by, Wind River and its
licensors.

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