mBED END USER LICENSE AGREEMENT REDISTRIBUTION NOT PERMITTED BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. 1. GRANT OF LICENSE. mBED Software, Inc., San Francisco, California ("mBED") grants you a non-exclusive license to use this Beta version of the mBED software (the "Software") free of charge for evaluation and trial purposes only. You are authorized to make copies of the Software for archival purposes and to make copies for the use of others, provided that each copy made must contain all of the original Software's proprietary notices including a complete reiteration of this End User License Agreement and provided that the use of any such copy is limited to the evaluation and trial of the Software. This license does not entitle you to hard-copy documentation, support or telephone assistance. 2.RESTRICTIONS. YOU MAY NOT: A. Decompile or disassemble the Software or in any manner reverse engineer the Software or back develop algorithms for the Software for any purpose whatsoever. B. Remove any proprietary notices from the Software. C. Prepare modifications or adaptations of the Software or create derivative works based on the Software. D. Lease, sell, license, distribute or otherwise transfer interests in the Software. E. Bundle or otherwise combine the Software with any other software or product for any purpose. F. Copy or permit copying of the Software, except for the purposes permitted herein. 3. DISCLAIMER OF WARRANTY. The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and noncinfringement. The entire risk as to the quality and performance of the Software is borne by you. mBED shall have no liability for damage or loss of any nature resulting from your use of the Software, whether direct, indirect, special or consequential, even if mBED shall have been informed of or have reason to believe that such damage or loss may occur. 4. TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain exclusively in mBED. The Software is protected by copyright and other intellectual property laws and by international treaties. 5. TERMINATION. The license will terminate automatically upon the earlier to occur of: (i) your failure to comply with the restrictions set forth above, or (ii) ten (10) days following mBED's release of an updated version of the Software. Upon termination of this license, you agree to destroy all copies of the Software. 6. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you have any questions regarding the nature and extent of the license granted hereby, please write to mBED Software, Inc., 185 Berry Street, Suite 3807, San Francisco, California 94107. 7. U.S. GOVERNMENT END USERS. The Software is a "commercial item", as that the term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1, users acquire the Software with only those rights set forth herein.