WESTERN DIGITAL CORPORATION LICENSE AGREEMENT AND WARRANTY DISCLAIMER

NOTICE: By accepting this License Agreement and/or by installing,

using or copying the Licensed Software, You are becoming a party to,
indicating Your consent to, and agreeing to be bound by the terms
of this License Agreement, without modification. If You do not
understand and accept all of the following terms and conditions or
You respond "NO" or give any other response that indicates you do not
accept this License Agreement, then You must not install, use, or
copy the Licensed Software.
1. DEFINITIONS.
(a) "Agreement" and/or "License Agreement" shall mean this License
Agreement and any and all documents incorporated by reference; (b)
"You" and/or "Your" shall mean the individual or legal entity
exercising rights under, and complying with all of the terms of this
Agreement; (c) "Licensed Software" shall mean Western Digital
Corporation's technology, which includes computer software and may
include associated media, printed materials, and "online" or
electronic documentation; (d) "Western Digital Corporation" shall mean
Western Digital Corporation and its subsidiaries, affiliates,
licensees and agents, and (e) "live update" shall mean the automatic
updating of Western Digital Corporation's technology or the technology
of its affiliate partners on your computer.
2. LICENSE GRANT.
Subject to the terms of this Agreement, Western Digital Corporation
hereby grants You a non-exclusive and non-transferable license to
reproduce and use for personal or internal purposes the Licensed
Software, provided that any and all copies made must contain all of
the original and unmodified proprietary notices, including, but not
limited to, this License Agreement.
3. RESTRICTIONS.
You acknowledge and agree that You shall not (a) modify or create any
derivative works of the Licensed Software or documentation; (b)
attempt to disable the Licensed Software by any means or in any
manner; (c) attempt to decompile, disassemble, reverse engineer, or
otherwise attempt to derive the source code for the Licensed Software
(except to the extent applicable laws specifically prohibit such
restriction); (d) redistribute, encumber, sell, rent, lease,
sublicense, or otherwise transfer or disclose the Licensed Software to
any third-party; or (e) remove or alter any trademark, logo, copyright
or other proprietary notices, legends, symbols or labels in the
Licensed Software.
4. TITLE.
Title, ownership, rights. and intellectual property rights in and to
the Licensed Software shall remain in Western Digital Corporation
and/or its suppliers. The Licensed Software is protected by the
copyright laws of the United States and international copyright
treaties. Title, ownership rights and intellectual property rights in
and to the content accessed through the Licensed Software including
any content contained in the Licensed Software media demonstration

files is the property of the applicable content owner and may be

protected by applicable copyright or other law. This license gives you
no rights to such content.
5. DISCLAIMER OF WARRANTY.
THE LICENSED SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WESTERN DIGITAL
CORPORATION FURTHER DISCLAIMS ALL WARRANTIES. INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY. FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT
OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS
WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL WESTERN DIGITAL CORPORATION OR ITS SUPPLIERS BE LIABLE FOR
ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION. DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR
THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF WESTERN
DIGITAL CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. TERMINATION.
This license shall terminate automatically if you fail to comply with
the limitations described in this Agreement. No notice shall be
required from Western Digital Corporation to effectuate such
termination. On termination you must destroy all copies of the
Licensed Software.
7. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS.
The Licensed Software is provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(I)(ii) of The Rights in
Technical Data and Computer Software clause of DFARS 252.227- 7013 or
subparagraphs (c)(i) and (2)of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is:
Western Digital Corporation
3355 Michelson Drive
Suite 100
Irvine, CA 92612-0651
You acknowledge that none of the Licensed Software or underlying
information or technology may be downloaded or otherwise exported or
re-exported into (or to a national or resident of) Angola, Cuba, Iran,
Iraq, Libya, North Korea, Sudan, Syria, or any other country to which
the U.S. has embargoed goods; or anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Denial Orders. By using the Licensed
Software, you are agreeing to the foregoing, and are representing and
warranting that you are not located in or under the control of a
national or resident of any such country or on any such list.
8. MISCELLANEOUS.
(a) This Agreement constitutes the entire agreement between the
parties concerning the subject matter hereof; (b) This Agreement may

be amended only by a writing signed by both parties; (c) This License

Agreement shall be governed by the laws of the State of California,
without regard to conflicts of law provisions, and you consent to the
exclusive jurisdiction of the state and federal courts sitting in the
State of California; (d) Unless otherwise agreed in writing, all
disputes relating to this Agreement (excepting any dispute relating to
intellectual property rights) shall be subject to final and binding
arbitration in Orange County, California, under the auspices of
JAMS/Endispute, with the losing party paying all costs of arbitration.
Either party may seek any interim or preliminary relief from a court
of competent jurisdiction in Orange County, California necessary to
protect the rights or property of that party pending the completion of
arbitration; (e) This Agreement shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods;
(f) If any provision in this Agreement should be held illegal or
unenforceable by a court having jurisdiction, such provision shall be
modified to the extent necessary to render it enforceable without
losing its intent or severed from this Agreement if no such
modification is possible, and other provisions of this Agreement shall
remain in full force and effect; (g) A waiver by either patty of any
term or condition of this Agreement or any breach thereof, in any one
instance, shall not waive such term or condition or any subsequent
breach thereof; (h) The provisions of this Agreement that require or
contemplate performance after the expiration or termination of this
Agreement shall be enforceable notwithstanding said expiration or
termination; (i) You may not assign or otherwise transfer by operation
of law or otherwise this Agreement or any rights or obligations herein
except in the case of a merger or the sale of all or substantially all
of Your assets to another entity: (j) This Agreement shall be binding
upon and shall inure to the benefit of the parties, their successors.
and assigns; (k) Neither party shall be in default or be liable for
any delay, failure in performance (excepting the obligation to pay),
or interruption of service resulting directly or indirectly from any
cause beyond its reasonable control, and; (1) If any dispute arises
under this Agreement, the prevailing party shall be reimbursed by the
other party for any and all legal fees and costs associated therewith.
IF YOU ACCEPT the terms of this Agreement: I acknowledge and
understand that by ACCEPTING the terms of this Agreement, I am
agreeing to be bound by the terms, conditions, and limitations of this
Agreement.
IF YOU DO NOT ACCEPT the terms of this Agreement. I acknowledge and
understand that by refusing to accept these terms, I have rejected
this license agreement and therefore have no legal right to install,
use, or copy the Licensed Software.