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Advanced PC Software License

LICENSE AGREEMENT FOR WINBOND ISRAEL LTD. Advanced PC TPM Device Driver IMPORTANT -- READ CAREFULLY: This Winbond Israel Ltd. ( WINBOND ) License Agreement ("LICENSE") is a legal agreement between you (either an individual or a single entity) and WINBOND for the WINBOND software product identified above, which includes computer software and associated electronic or "online" documentation (together, the "SOFTWARE PRODUCT"). By downloading, installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, you are not authorized to use the SOFTWARE PRODUCT. SOFTWARE PRODUCT LICENSE. All title and copyrights in and to the SOFTWARE PRODUC T are owned by WINBOND or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. Subject to the licensing restrictions set forth in Section 2, this LICENSE grants you the following rights: WINBOND grants to you a non-exclusive, royalty-free, worldwide, perpetual license to use, copy, load and distribute SOFTWARE PRODUCT in object code form. 2. LICENSING RESTRICTIONS. All licenses set forth in Section 1 are subject to the following restrictions: a. SOFTWARE PRODUCT may only be used with, or distributed for use with WINBOND devices. In no event shall any portion of SOFTWARE PRODUCT be used with products other than WINBOND devices. b. WINBOND copyright notices shall be maintained in the SOFTWARE PRODUCT to indicate WINBOND's original authorship and ownership of SOFTWARE PRODUCT. c. SOFTWARE PRODUCT is licensed "as is" and without technical support as set forth in Section 3; SOFTWARE PRODUCT is provided with restricted rights as set forth in Section 4; SOFTWARE PRODUCT is subject to United States export restrictions as set forth in Section 5; and the license granted in Section 1 shall terminate immediately upon breach of this LICENSE by you as set forth in Section 6. d. SOFTWARE PRODUCT shall not be used or distributed with life support devices or systems; SOFTWARE PRODUCT shall not be used to design, develop, or manufacture life support devices or systems. f. All rights not expressly granted to you are reserved by WINBOND. The LICENSE does not include licensing rights to any WINBOND trademar . 3. NO WARRANTY. WINBOND does not warrant that SOFTWARE PRODUCT is free from program errors, or that WINBOND or you will be able to correct any such errors. SOFTWARE PRODUCT AND ANY RELATED NON-MANDATORY TECHNICAL SUPPORT IS PROVIDED BY WINBOND "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and ANY WARRANTY REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. WINBOND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL

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DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING UNDER THIS LICENSE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WINBOND'S MAXIMUM TOTAL LIABILITY UNDER THIS LICENSE SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU FOR SOFTWARE PRODUCT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 4. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as 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 at 48 CFR 52.227-19, as applicable. Manufacturer is Winbond Israel Ltd., 8 Hasadnaot St., Herzlia 46130, Israel. 5. EXPORT RESTRICTIONS. You shall adhere to all applicable United States laws, regulations and rules relating to the export of technical data to any proscribed country listed in such applicable laws, regulations and rules unless properly authorized. The obligations under this Section shall survive any termination of this LICENSE. 6. TERM AND TERMINATION a. You may terminate this LICENSE at any time by destroying all copies of the SOFTWARE PRODUCT, SOFTWARE PRODUCT derivatives and related documentation. b. Without prejudice to any other rights, WINBOND may terminate this LICENSE if you fail to comply with any provision of this LICENSE. Upon termination, all rights granted under this LICENSE shall cease and you must destroy all copies of the SOFTWARE PRODUCT and related documentation. 7. GENERAL a. This LICENSE shall be governed by the laws of the State of Israel without giving effect to its choice of law rules. The invalidity or unenforceability of a provision of this Agreement shall not affect the validity or enforceability of the remaining provisions of this Agreement; however, if in WINBOND's opinion deletion of any provisions of the LICENSE by operation of this Section unreasonably compromises the rights or liabilities of WINBOND or its licensors, WINBOND reserves the right to terminate the LICENSE. b. This LICENSE constitutes the entire agreement, written or verbal, between you and WINBOND with respect to the SOFTWARE PRODUCT. This LICENSE may not be amended except in writing signed by you and a duly authorized WINBOND representative. The failure of WINBOND to enforce any right resulting from breach of any provision of this LICENSE by you or your sublicensee shall not be deemed a waiver of any right relating to a subsequent breach of such provision or of any other right hereunder.