End User License Agreement 1. Grant of License. Arca Noae, LLC ("Licensor") grants you a non-exclusive license to use the program with which this license is distributed (the "@@DR@@ Driver Software"), including any documentation files accompanying the @@DR@@ Driver Software ("Documentation") provided that (i) the @@DR@@ Driver Software may not be modified; (ii) all copyright notices are maintained; and (iii) you agree to be bound by the terms of this License Agreement. 2. Ownership. You have no ownership rights in the @@DR@@ Driver Software. Rather, you have a license to use the @@DR@@ Driver Software as long as this License Agreement remains in full force and effect. Ownership of the @@DR@@ Driver Software, Documentation and all intellectual property rights therein shall remain at all times with Licensor. Any other use of the @@DR@@ Driver Software by any person, business, corporation, government organization, or any other entity is strictly forbidden and is a violation of this License Agreement. 3. Copyright. The @@DR@@ Driver Software and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are reserved to Licensor. You may not remove any proprietary notice of Licensor from any copy of the @@DR@@ Driver Software or Documentation. 4. Restrictions. You must protect the @@DR@@ Driver Software and Documentation consistent with Licensor's rights therein. You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the @@DR@@ Driver Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the @@DR@@ Driver Software, nor shall you attempt to create the source code from the object code for the @@DR@@ Driver Software. You may only use the @@DR@@ Driver Software on the number and type of systems that is specified in the product that you purchased. 5. Limited Warranty. Licensor warrants that the @@DR@@ Driver Software will perform substantially as described by Licensor. Should the @@DR@@ Driver Software not so perform, your exclusive remedy, and Licensor's sole obligation under this warranty shall be, at Licensor's sole discretion, correction of the defect. Any use by you of the @@DR@@ Driver Software is at your own risk. This limited warranty is the only warranty provided by Licensor regarding the @@DR@@ Driver Software. Except for the limited warranty above, the @@DR@@ Driver Software is provided "as is." To the maximum extent permitted by law, Licensor disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Licensor does not warrant that the functions contained in the @@DR@@ Driver Software will meet any requirements or needs you may have, or that the @@DR@@ Driver Software will operate error free, or in an uninterrupted fashion, or that any defects or errors in the @@DR@@ Driver Software will be corrected, or that the @@DR@@ Driver Software is compatible with any particular system. Licensor is not obligated to provide any updates to the @@DR@@ Driver Software. Some jurisdictions do not allow the waiver or exclusion of implied warranties, so some of these waivers and/or exclusions may not apply to you. 6. Limitation Of Liability. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE @@DR@@ DRIVER SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED $100. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 7. Export Restrictions. This license agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of the @@DR@@ Driver Software or information about such @@DR@@ Driver Software which may be imposed from time to time by the government of the United States of America. You shall not export the @@DR@@ Driver Software, documentation, or information about the @@DR@@ Driver Software and documentation without consent of Licensor and compliance with such laws, regulations, orders, or other restrictions. 8. Termination. This License Agreement is effective until terminated. You may terminate this License Agreement at any time by destroying or returning to Licensor all copies of the @@DR@@ Driver Software and Documentation in your possession or under your control. Licensor may terminate this License Agreement if Licensor determines in its sole discretion that termination is in Licensor's best interests or finds that you have violated the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to Licensor all copies of the @@DR@@ Driver Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this @@DR@@ Driver Software License Agreement. 9. General. This License Agreement shall be construed, interpreted and governed by the laws of the State of Delaware without regard to conflicts of law provisions thereof. This License Agreement shall constitute the entire agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties.