LICENSE AGREEMENT - Adapter Software PLEASE READ THE FOLLOWING IN ITS ENTIRETY BEFORE ACCEPTING THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, PLEASE RETURN THIS PRODUCT TO YOUR PLACE OF PURCHASE, WITHIN 15 DAYS, FOR A FULL REFUND OF THE PRICE PAID. In consideration of full payment, SMC grants you, the purchaser, a non-transferable and non-exclusive license to use this software under the terms of this agreement. Standard Microsystems Corporation and its Licensors remain the proprietors of this software and license its use to you. You do not obtain title to the software or any copyrights or proprietary rights in the software. You assume responsibility for the selection of this software to achieve your intended results, and for the installation, use and results obtained from this software. YOU MAY: 1. Copy this software onto each PC in which the network adapters purchased with this software are installed. 2. Copy this software into any machine-readable form solely for backup purposes to protect your investment. YOU MAY NOT: 1. Rent, sub-lease, sell or otherwise transfer this software, documentation, or license to any third party. 2. Copy this software for any purpose other than backup or use on the adapter(s) for which this software is licensed. 3. Modify, decompile, translate, reverse engineer or disassemble the software or create derivative works from it, nor may you transfer this software electronically through a time-sharing service or utility. LIMITED WARRANTY: SMC warrants that the software programs licensed from it will perform in substantial conformance to the program specifications therefor for a period of ninety (90) days from the date of purchase from SMC or its Authorized Reseller. SMC warrants the magnetic media containing software against failure during the warranty period. No updates are provided. SMCs sole obligation hereunder shall be (at SMCs discretion) to refund the purchase price paid by Customer for any defective software products or to replace any defective media with software which substantially conforms to SMCs applicable published specifications. Customer assumes responsibility for the selection of the appropriate applications program and associated reference materials. SMC makes no warranty that its software products will work in combination with any hardware or applications software products provided by third parties, that the operation of the software products will be uninterrupted or error free, or that all defects in the software products will be corrected. For any third party products listed in the SMC software product documentation or specifications as being compatible, SMC will make reasonable efforts to prove compatibility, except where the non-compatibility is caused by a bug or defect in the third party's product. LIMITATION OF REMEDIES: SMCs entire liability and your exclusive remedy shall be the replacement of any diskette not meeting SMCs Limited Warranty and which is returned to your place of purchase. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL SMC BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGE, even if SMC has been advised of the possibility of such damages by any other party. Some states do not allow the exclusion of implied warrantees, so the above exclusion may not apply to you. This warrantee gives you specific legal rights and you may also have other rights which vary from state to state. This commercial computer software and documentation is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c) (1) and (2) of the Commercial Computer Software -- Restricted Rights clause at FAR 52.227-19, or Alternate III of the Rights in Data -- General clause at FAR 52.227-14, as applicable. The manufacturer / subcontractor is Standard Microsystems Corporation, 80 Arkay Drive, Hauppauge, NY 11788. This license will be governed by the laws of the State of New York as applied to transactions taking place wholly within New York between New York residents.