APPLE COMPUTER, INC. THIRD PARTY DRIVER SOFTWARE LICENSE AGREEMENT INTERNAL USE LICENSE - NO REDISTRIBTION PERMITTED PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE THIRD PARTY SOFTWARE INCLUDED IN THIS PACKAGE. BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE. 1. General. The third party driver software, kernel extension files and documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Driver Software") are licensed, not sold, to you by Apple Computer, Inc. ("Apple") and Apple's licensors for use only under the terms of this License, and Apple and its licensors reserve all their respective rights not expressly granted to you. The rights granted herein are limited to Apple's and its licensors' intellectual property rights in the Driver Software and do not include any other patents or intellectual property rights. You own the media (if any) on which the Driver Software is recorded but Apple and/or Apple's licensor(s) retain ownership of the Driver Software itself. The Driver Software in this package and any copies which this License authorizes you to make are subject to this License. 2. Permitted License Uses and Restrictions; No Redistribution. Subject to the terms and conditions of this License: (a) you may, in connection with the installation and running of Apple's Darwin operating system, use the Driver Software for personal use or internally within your business or organization, and you may make a reasonable number of copies of the Driver Software to the extent necessary to effect such internal use purposes; and (b) you may also make one copy of the Driver Software in machine-readable form for backup purposes only. In all cases, you must reproduce the third party copyright notices and any other proprietary legends that are on the original version of the Driver Software on each copy of the Driver Software that you make. You may not rent, lease, loan, sublicense or otherwise redistribute the Driver Software, in whole or in part. Except as and only to the extent permitted by applicable law, you may not decompile, reverse engineer, disassemble, modify, or create derivative works of the Driver Software or any part thereof. 3. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. In addition, Apple reserves the right to terminate this License if a new version of Apple's operating system software or the Driver Software is released which is incompatible with this version of the Driver Software. Upon the termination of this License, you shall cease all use of the Driver Software and destroy all copies, full or partial, of the Driver Software. 4. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DRIVER SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DRIVER SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS, INCLUDING BUT NOT LIMITED TO LUCENT TECHNOLOGIES, INC., IF APPLICABLE, (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 4 and 5) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DRIVER SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DRIVER SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE DRIVER SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DRIVER SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DRIVER SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE DRIVER SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 5. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DRIVER SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. Apple and its licensors shall not have any obligation to provide any support or information regarding the Driver Software. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 6. Export Law Assurances. You may not use or otherwise export or reexport the Driver Software except as authorized by United States law and the laws of the jurisdiction in which the Driver Software was obtained. In particular, but without limitation, the Driver Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria, or the Taliban Controlled areas of Afghanistan) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Driver Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. 7. Government End Users. If the Driver Software is supplied to the United States Government, the Driver Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. ¤2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. ¤12.212 or 48 C.F.R. ¤227.7202, as applicable. Consistent with 48 C.F.R. ¤12.212 or 48 C.F.R. ¤227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 8. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Driver Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. 92501