IMPORTANT—READ CAREFULLY: This Software End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a legal entity) ("Licensee") and LynuxWorks, Inc., a Delaware corporation, with offices at 855 Embedded Way, San José, CA 95138 ("LynuxWorks") for certain software product(s), which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials ("Licensed Product").

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Licensed Product. The Licensed Product is licensed, not sold.

In the event of inconsistency or conflict between the language of this EULA and any other Agreement, the provisions of this EULA shall govern.

By installing, copying, or otherwise using the Licensed Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or otherwise use the Licensed Product. By installing, copying, or otherwise using any components of the Licensed Product that you receive separately as part of the Licensed Product you agree to be bound by any additional license terms that accompany such distribution. If you do not agree to the additional license terms that accompany such distribution, you may not install, copy, or otherwise use such distribution.

License

Upon your acceptance of the terms and conditions of this EULA, LynuxWorks grants you the right to use the Licensed Product in the manner provided below.

LynuxWorks grants to you as an individual a personal, nonexclusive, nontransferable license to make and use copies of the Licensed Product for the sole purposes of designing, developing, and testing your software product(s) ("Applications"). You may install copies of the Licensed Product on an unlimited number of computers provided that you are the only individual using the Licensed Product. If you are an entity, LynuxWorks grants you the right to designate one, and only one, individual within your organization that shall have the sole right to use the Licensed Product in the manner provided above. You may at any time, but not more frequently that once every six (6) months, designate another individual to replace the current designated user by notifying LynuxWorks, so long as there is no more than one designated user at any given time.

Copying, redistribution, and reverse engineering rights are not granted under this license. Any violation by you of the applicable license terms shall immediately terminate your license. If you wish to install LynuxWorks' software programs on more than one computer, please contact LynuxWorks to purchase additional licenses. If redistribution or copying rights are desired please contact LynuxWorks for licensing information and royalty fees.

User obligations. Licensee shall promptly provide LynuxWorks with copies of all Derivative Works made by Licensee or on Licensee's behalf. Derivative Works shall include, but not be limited to:

• Modifications, enhancements, adaptations, translations and other changes to the Software which utilize, are based upon or integrate the Software, including all associated documentation;
• Documentation to accompany Licensee's authorized distribution of the Software;
• Software modules that are closely related to the Software, or that use facilities of the Software such as protocol task support, or that extend or modify core Software facilities.

License to Derivative Works. Licensee hereby grants to LynuxWorks a non-exclusive, fully transferable, royalty-free, worldwide, unrestricted, irrevocable license to do the following, without any obligation to account to Licensee, or otherwise provide any information or materials to Licensee regarding LynuxWorks activities under this license:

• Compile, load and execute the Derivative Works on hardware or other computing technology under the control of LynuxWorks, and reproduce copies of the Derivative Works;
• Modify, enhance, adapt, translate, integrate and create derivative works or the Derivative Works (collectively "LynuxWorks Changes");
• Integrate the Derivative Works into the Software and/or other LynuxWorks software or products, and distribute the Derivative Works as a stand alone product or as integrated into the Software;
• and Use the Software to create usual and customary documentation, and distribute such documentation.

GENERAL TERMS THAT APPLY TO APPLICATIONS AND DERIVATIVES

LynuxWorks grants you a nonexclusive, royalty-free right to reproduce and distribute the object code form of any portion of the Licensed Product ("Derivatives"). Copies of Derivatives may only be distributed with and for the sole purpose of executing Applications permitted under this License Agreement that you have created using the Licensed Product. Under no circumstances may any copies of Derivatives be distributed separately.

INDEMNIFICATION

The license granted in this EULA for you to create your own Applications and distribute them and the Derivatives (if any) to your customers is subject to all of the following conditions: (i) all copies of the Applications you create must bear a valid copyright notice, either your own or the copyright notice that appears on the Licensed Product; (ii) you may not remove or alter any copyright, trademark or other proprietary rights notice contained in any portion of the Licensed Product; (iii) Derivatives, if any, shall be licensed to your customer "as is" (LYNUXWORKS MAKES NO WARRANTIES OR REPRESENTATIONS VIS-A-VIS YOUR CUSTOMER WITH RESPECT TO DERIVATIVES, AND LYNUXWORKS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES VIS-A-VIS YOUR CUSTOMER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WHETHER OR NOT LYNUXWORKS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF SUCH PURPOSE); (iv) you will indemnify and hold LYNUXWORKS, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of your Applications; (v) your Applications must be written using a licensed, registered copy of the Licensed Product; (vi) your Applications must add primary and substantial functionality, and may not compete with the Licensed Product; (vii) you may not use LYNUXWORKS' or any of its suppliers' names, logos, or trademarks to market your programs, except to state that your program was written using the Licensed Product.

WARRANTY DISCLAIMER

THE LICENSED PRODUCT IS LICENSED TO YOU "AS IS". TO THE MAXIMUN EXTENT PERMITTED BY APPLICABLE LAW, LYNUXWORKS ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE LICENSED PRODUCT. THIS WARRANTY DISCLAIMER NOTWITHSTANDING, YOU MAY HAVE SPECIFIC LEGAL RIGHTS WHICH MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY

LYNUXWORKS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU BASED ON FAILURE OF THE LICENSED PRODUCT IF THE FAILURE RESULTED FROM ACCIDENT, ABUSE OR MISAPPLICATION, NOR SHALL LYNUXWORKS UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS OR INTERRUPTION OF BUSINESS OR FOR LOSS OR CORRUPTION OF DATA. ANY AWARD OF DAMAGES FROM LYNUXWORKS TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO LYNUXWORKS IN CONNECTION WITH THIS EULA

SUPPORT AND UPDATES

No support or updates are provided under this Agreement.

GENERAL PROVISIONS

This EULA may only be modified in writing signed by you and an authorized officer of LYNUXWORKS. All terms of any purchase order or other ordering document shall be superseded by this EULA. If any provision of the EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this EULA shall remain in effect.

This EULA shall be construed, interpreted and governed by the laws of the State of California, U.S.A. The EULA gives you specific legal rights; you may have others, which vary from state to state and from country to country.

LYNUXWORKS reserves all rights not specifically granted in this EULA.