WIND RIVER SYSTEMS, INC. NON-COMMERCIAL USE LICENSE AGREEMENT PLEASE READ THIS NON-COMMERCIAL USE LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE COPYING, INSTALLING OR USING THE SOFTWARE, AS BY COPYING, INSTALLING OR USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU ARE AN AGENT OR EMPLOYEE OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH LEGAL ENTITY TO THIS AGREEMENT. AS USED IN THIS AGREEMENT, "YOU" OR "LICENSEE" MEANS THE INDIVIDUAL ACCESSING THE SOFTWARE AND HIS/HER EMPLOYER, AND WIND RIVER MEANS WIND RIVER SYSTEMS, INC. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWLOAD, INSTALL OR USE THE SOFTWARE. 1 DEFINITIONS. "Mandatory Open Source License" mean the GNU General Public License, the GNU Lesser General Public License, and other substantially similar open source licenses that preclude the imposition of further restrictions on copying, modifying or redistributing materials subject to their terms. "Object Code" means computer programming code in binary form suitable for machine execution by a processor without the intervening steps of interpretation or compilation. "Software" means the software and related documentation provided to You under this Agreement, including without limitation any operating system, tools, Source Code or combination of these, but excluding materials (if any) provided under a Mandatory Open Source License. Source Code means computer programming code in a form readable by humans which cannot be executed by a processor unless it is compiled into binary form. "Third Party Software" means those portions of the Software, if any, which are owned or controlled by third parties and licensed to Wind River, such as Software subject to an open source license, including but not limited to any open source license listed on the Open Source Initiative website (http://www.opensource.org). 2 LICENSE. Subject to Your compliance with the terms, conditions and restrictions of this Agreement, Wind River hereby grants to You a restricted, personal, non-transferable, non-exclusive, internal-use license to install and use the Software solely for the non-commercial purposes of internally evaluating the Software and for developing your own non-commercial software applications that interoperate with the Software. 3 RESTRICTIONS. 3.1 You shall not, are not permitted to, and will not permit or enable third parties to: (a) use the Software for any commercial purpose; (b) modify, create derivative works of, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or attempt to derive the Source Code of any of the Software provided to You in Object Code or other machine executable form; (c) market, distribute or otherwise transfer copies of the Software to others; (d) rent, lease or loan the Software; (e) distribute externally or to any third party any communication regarding the features, functions or performance characteristics of the Software ("Benchmarking Data") or that compares the Benchmarking Data with any other product of Yours or of any third party; (f) use the Software to develop, improve, market or provide a product or service that competes with the Software, or utilize a third party to do the same; or (g) modify, distribute or otherwise use the Software in any manner that causes any portion of the Software that is not already subject to open source license to become subject to an open source license. 3.2 Third Party Software may be subject to additional terms, which terms may be set forth in the Software Source Code or the third party notice file(s) that may accompany the Software. You acknowledge and agree that your use of Third Party Software is subject to your compliance with any such additional terms. Without limiting the foregoing or Section 3.1(g) above, if you use software that is subject to a Mandatory Open Source License, you acknowledge and agree that you will comply with the applicable Mandatory Open Source License. 3.3 UPON TRANSFER OF THE SOFTWARE OR ANY COPY THEREOF TO ANOTHER PARTY, THE LICENSE WILL AUTOMATICALLY TERMINATE. 4 Termination. This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically or otherwise cease to be effective without notice from Wind River if you fail to comply with any term(s) of this Agreement. Either party may terminate this agreement for convenience upon written notice to the other party. Notices sent to Wind River will be sent to the address set forth at the bottom of this Agreement. Notices to You will be sent to an email address provided by you when downloading the Software, or at such other address as you provide to Wind River in writing. Upon the termination of this Agreement, You shall cease all use of the Software and destroy all copies, full or partial, of the Software. All sections of this Agreement except Section 2 (License) will survive termination of this Agreement. 5 USE OF FEEDBACK. "Feedback" means the results of any evaluation of the Software by You, including Your opinions, observations, comments, criticisms, and suggested improvements, whether in written or oral form. You may disclose any Feedback only to Wind River, though you are not obligated to do so. Should You provide Wind River with Feedback, Wind River will have the fully, paid, royalty-free right to use such Feedback and related information in any manner Wind River deems appropriate, without any duty to account to You. 6 OWNERSHIP. Wind River and its licensors retain exclusive ownership of all worldwide Intellectual Property Rights in and to the Software. All rights in and to the Software not expressly granted to You in this Agreement are expressly reserved for Wind River and its licensors. "Intellectual Property Rights" means all copyrights, trade secrets, trademarks, patents, mask works and other intellectual property rights recognized in any jurisdiction worldwide. 7 DISCLAIMER. THE SOFTWARE IS LICENSED FOR YOUR TEMPORARY NON-COMMERCIAL USE "AS IS" AND WIND RIVER AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WIND RIVER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRDPARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WIND RIVER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY 8 LIMITATION OF LIABILITY. WIND RIVER AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY EVEN IF WIND RIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WIND RIVER’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $50.00. THE WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WIND RIVER AND YOU. WIND RIVER WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE TO YOU WITHOUT SUCH LIMITATIONS. 9 EXPORT CONTROL. All software and technical information delivered under this Agreement are subject to U.S. Export Administration Regulations (the "USEAR") and may be subject to export, re-export or import regulations in other countries. You agrees to strictly comply with all such laws and regulations. You will not export or re-export the software and technical information, directly or indirectly, to: (1) any countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria); (2) any end user who You knows or has reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; or (3) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government. Some of Wind River’s products are classified as "restricted" encryption products under Section 740.17(b)(2) of the USEAR and may not be exported or re-exported to government end-users (as defined in Section 772 of the USEAR) outside the countries listed in Supplement No. 3 to Part 740 of the USEAR without authorization from the U.S. government. 10 GENERAL. This Agreement will be governed in all respects by the laws of the State of Delaware as applied to contracts entered into between residents thereof and performed entirely within the State. All disputes arising under this Agreement will be brought exclusively in the State of Delaware or of the Federal courts sitting therein, provided, however, that the parties will be entitled to seek injunctive relief in the appropriate forum. Wind River, You consent to the personal jurisdiction of the above courts. If any provision or provisions of this Agreement are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not in any way be affected or impaired thereby. This Agreement may not be assigned, sub-licensed, or otherwise transferred by You without Wind River’s prior written consent. Nothing contained herein shall be construed as creating any agency, employment relationship, partnership, principal-agent or other form of joint enterprise between the parties. This Agreement constitutes the complete, final and exclusive statement of the agreement between Wind River and You, which supersedes all proposals, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. No waiver, alteration or modification of the provisions of this Agreement will be valid unless made in writing and signed by a corporate officer of Wind River. Should You have any questions concerning this Agreement, or need to send notices to Wind River, please write: Wind River Systems, Inc., attn.: General Counsel, 500 Wind River Way, Alameda, CA 94501, USA.