BY INSTALLING OR USING THIS SOFTWARE OR AUTHORIZING ANY OTHER PERSON TO DO SO, YOU ACCEPT THIS LICENSE AGREEMENT AND ARE BOUND BY ITS TERMS. DEFINITIONS Software. "Software" means NDAS core binary as a form of "libndas.a." or "ndas_core.o" or the binary created by linking "libndas.a" with other executable binaries. Documentation. "Documentation" means the manual and any other instructional or descriptive material, printed or on-line, provided with the Software. License. "License" means the license to use the Software. The License is granted pursuant to the provisions of this Agreement. Customer. "Customer" means the person or business entity to whom this copy of the Software is licensed. NDAS. XIMETA's patented network storage architecture that allows direct attachment of existing ATA/ATAPI devices to Ethernet without a separate server. Unlike other architectures such NAS, SAN, and USB mass storage, no server computer intervenes between the storage and the client hosts. NDAS chip. A single 4mmx4mm chip in 0.18um CMOS technology, which has the NDAS technology to allows direct attachment of existing ATA/ATAPI devices to Ethernet. NDAS device. Storage Hardware that has the NDAS chip. LICENSE Grant of License. Subject to Customer's compliance with this Agreement, XIMETA grants to Customer, and Customer purchases, a nonexclusive License to use the Software for non-commercial use only for the device permitted by XIMETA, and only for the platform or OS permitted by XIMETA. Rights not expressly granted by this Agreement are reserved by XIMETA. Customer who wants to use the Software for commercial use must contact XIMETA to obtain the commercial License. Customer who wants to use the Software for any other devices not permitted by XIMETA must contact XIMETA to obtain the proper License. Customer who wants to use the Software on any other platform or OS not permitted by XIMETA must contact XIMETA to obtain the proper License. Customer purchases a License only. XIMETA retains title to and ownership of the Software and Documentation and any copies thereof, including the originals provided with this Agreement. Copies. Customer may not copy the Software except as necessary to use the Software. Such necessary use includes copying the Software to the internal hard disk, copying the Software to a network file server in order to make the Software available for use, and copying the Software to archival backup media. All trademark and copyright notices must be included on any copies made. Customer may not copy the Documentation. Transfer and Use. Customer may not transfer any copy of the Software or Documentation to any other person or entity unless the transferee first accepts this Agreement and Customer transfers all copies of the Software and Documentation, including the originals. Customer may not rent, loan, lease, sublicense, or otherwise make the Software or Documentation available for use by any other person except as provided above. Customer may not modify, decompile, disassemble, or reverse engineer the Software or create any derivative works based on the Software or the Documentation. Customer may not reverse engineer, decompile, or disassemble the Software, nor attempt in any other manner to obtain the source code or to understand the protocol. Redistribution. Redistribution is prohibited without written permission from XIMETA, Inc. The Software is protected by national laws and international agreements on copyright as well by other agreements on intellectual property. DISCLAIMER This software is provided 'as is' with no explicit or implied warranties in respect of any properties, including, but not limited to, correctness and fitness for purpose. GENERAL PROVISIONS Indemnification. Customer agrees that Customer shall defend and hold XIMETA harmless against any liability, claim, or suit and shall pay any related expense, including but not limited to reasonable attorneys' fees, arising out of any use of the Software or Content. XIMETA reserves the right to control all litigation involving XIMETA, Customer, and third parties. Entire Agreement. This Agreement represents the entire agreement between XIMETA and Customer. No distributor, employee, or other person is authorized by XIMETA to modify this Agreement or to make any warranty or representation which is different than, or in addition to, the warranties and representations of this Agreement. Governing Law. This Agreement shall be governed by the laws of the State of California and of the United States of America.