End-user Software Download License Agreement Please read this document carefully before proceeding. This Software License Agreement (the Agreement) licenses the software to you and contains warranty and liability disclaimers. By opening the package or installing or using the software, you are confirming your acceptance of the software and agreeing to become bound by the terms of this Agreement. 1. Definitions. (a) Open Source Software is defined in Section 5 below. (b) 3ware Software means the software program covered by this Agreement, and all related updates supplied by 3ware. (c) 3ware Product means the 3ware Software and any related documentation, models and multimedia content (such as animation, sound and graphics), and all related updates supplied by 3ware. 2. License. This Agreement allows you to: (a) Use the 3ware Product on a single computer. (b) Make one copy of the 3ware Product in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends found on the original. (c) Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a Site or Network License, please contact 3ware. 3. Restrictions. You may not make or distribute copies of the 3ware Product, or electronically transfer the software from one computer to another over a network. You may not use the software from multiple locations of a multi-user or networked system at any one time. The software contains trade secrets and in order to protect them, you may not de-compile, reverse engineer, disassemble, or otherwise reduce the 3ware Software to a human-perceivable form. You may not modify, sell, rent, transfer, sublicense, resell for profit, network, distribute or create derivative works based upon the 3ware Product or any part thereof. You will not export or re-export, directly or indirectly, the 3ware Product into any country prohibited by the United States Export Administration Act and the regulations thereunder. 4. Ownership. The foregoing license gives you limited rights to use the 3ware Product. You do not become the owner of, and 3ware and, if applicable, any licensors, retain title to, the 3ware Product, and all copies, regardless of form or media, thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by 3ware. 5. Open Source Software. Notwithstanding anything to the contrary, the licenses set forth in this Agreement do not extend to software or materials which may be made available by 3ware, or otherwise obtained or used by you, subject to a General Public License (GPL), Library General Public License (LGPL) (copies of which are available on the world wide web at http://www.gnu.org/copyleft/gpl.html) or other open source terms (collectively, Open Source Software). You agree that all Open Source Software (if any) shall be and shall remain subject to the terms and conditions under which it is provided. It is understood that such terms and conditions may require the source code (including derivative works and collective works) to be made available to the public for use in accordance with the applicable open source terms and conditions. You agree not to use or combine the Open Source Software with the 3ware Software or Product or other items in any manner that would subject the 3ware Software or Product or 3wares confidential information to open source terms and conditions. 6. Term. This license is effective until terminated. You may terminate it at any time by destroying the Software and documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this License Agreement. Upon such termination you agree to destroy the Software and documentation, together with all copies and merged portions in any form. 7. Disclaimer of warranties and of technical support. THE 3WARE PRODUCT IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS IS" BASIS, WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM 3WARE INCLUDING, WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. THESE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER; I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS. 8. Limitation of damages. NEITHER 3WARE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF 3WARE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY, EXCLUSIVE REMEDIES AND LIMITED LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 3WARE AND YOU. YOU AGREE THAT 3WARE WOULD NOT BE ABLE TO PROVIDE THE 3WARE SOFTWARE ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. 9. Export. You acknowledge that the laws and regulations of the United States restrict the export and re-export of Software. You agree that you will not export or re-export the Software or media in any form without the appropriate United States and foreign government approval. 10.Government end users (USA only). RESTRICTED RIGHTS LEGEND The 3ware Software is "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable." Manufacturer: 3ware, Inc., 455 West Maude Avenue, Sunnyvale, California 94085. 11. General. This Agreement shall be governed by the internal laws of the State of California. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. This Agreement may be amended only in writing, signed by both parties. Any attempted oral modification shall be void and without any effect. All questions concerning this Agreement shall be directed to: 3ware, Inc., 455 West Maude Avenue, Sunnyvale, California 94085. Attention: General Counsel. DiskSwitch End-User Software Download License Agreement 6/14/02