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WESTERN DIGITAL TECHNOLOGIES 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; (c) "Licensed Software" shall mean
computer software owned by Western Digital Technologies and may include associated
media, printed materials, and "online" or electronic documentation provided by Western
Digital Technologies; and (d) "Western Digital Technologies" shall mean Western
Digital Technologies, Inc. and its subsidiaries, affiliates, licensees and agents.

2. LICENSE GRANT.

Subject to the terms of this Agreement, Western Digital Technologies hereby grants You
a non-exclusive and non-transferable license to and use for personal or internal purposes
the Licensed Software. This license is not a sale of the Licensed Software. Western
Digital Technologies has no duty to provide further updates or changes to the Licensed
Software.

3. RESTRICTIONS.

You acknowledge and agree that You shall not (a) modify, adapt, translate or create any
derivative works of the Licensed Software; (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; (d) distribute,
encumber, sell, rent, lease, sublicense, or otherwise transfer, publish 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 and all intellectual property rights in and to the Licensed Software shall
remain in Western Digital Technologies 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 TECHNOLOGIES FURTHER DISCLAIMS ALL
WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR
PURPOSE, AND FREEDOM FROM INTERFERENCE WITH ENJOYMENT OR
FROM NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY
RIGHTS. WESTERN DIGITAL TECHNOLOGIES DOES NOT WARRANT THAT
THE LICENSED SOFTWARE WILL MEET YOUR REQUIREEMNTS OR WILL BE
ERROR FREE. THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE LICENSED SOFTWARE AND DOCUMENTATION
REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL WESTERN DIGITAL TECHNOLOGIES
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 TECHNOLOGIES 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
Technologies to effectuate such termination. Upon 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
Technologies, 20511 Lake Forest Blvd., Lake Forest, CA 92630. 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. INDEMNITY

You hereby agree to indemnify, defend and hold Senvid and Western Digital
Technologies from and against any all liabilities, damages, claims, fines and expenses
(including reasonable attorney's fees) arising out of any breach of this End User License
Agreement and Warranty Disclaimer.

9. 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) This
Agreement shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods; (e) 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; (f) A waiver by either party 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; (g) 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; (h) 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; (i) This Agreement shall be binding upon and shall inure to
the benefit of the parties, their successors and assigns; (j) 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; (k) 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.

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