Arch Rock Software Evaluation License Agreement

1.	Introduction and Acceptance.  BEFORE YOU OPEN THE PACKAGE,
          CLICK THE “ACCEPT” BUTTON, OR USE THE SOFTWARE,
          CAREFULLY READ THE TERMS AND CONDITIONS OF THIS
          AGREEMENT. BY OPENING THE PACKAGE, CLICKING THE
          “ACCEPT” BUTTON, OR USING THE SOFTWARE, YOU ARE
          AGREEING TO BE BOUND  BY AND ARE BECOMING A PARTY TO THIS
          AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
          AGREEMENT, DO NOT USE THE SOFTWARE AND YOU MAY RETURN IT TO
          LICENSOR WITHIN TEN (10) DAYS AFTER THE DATE IT WAS
          DELIVERED TO YOU.  This Software Evaluation License
          Agreement (the “Agreement”) is a legal agreement
          between you (either an individual or an entity) and Arch
          Rock Corporation (the “Licensor”) regarding the use of
          Licensor's certain embedded operating system and associated
          kernel services, embedded sensor drivers, embedded
          networking protocols, embedded network service layers,
          embedded web services, embedded application software,
          gateway server programs, processes and daemons and
          configuration files, server web services and related
          databases, management tools, applications and/or other
          software, including user documentation, as provided by
          Licensor to you online, on a CD-ROM or other media, or in
          preinstalled form embedded in hardware (collectively, the
          “Software”).

2.	Grant of License.  Subject to the restrictions set forth
  	  below, this Agreement grants you a non-exclusive, non-transferable,
	  revocable license to 
	  (a)	use the specified version of the Software in object code
		format or, to the extent so provided by Licensor, in
		source code format, for internal evaluation, non-commercial
		purposes only; and  
	  (b)	print a reasonable number of copies of any user documentation
		provided in online or other electronic form for internal
		non-commercial purposes only. 
	  The license granted hereunder shall terminate at the same time as the
	  termination of this Agreement.  If you would like to use the Software
	  for any commercial purposes, you may contact Licensor to seek a
	  commercial, royalty-bearing license. 

3.	License Restrictions.   You may not rent, lease, sublicense,
          sell, assign, loan, or otherwise transfer the Software or
          any of your rights and obligations under this Agreement.
          You may not modify, translate, reverse engineer, decompile,
          disassemble or otherwise attempt (i) to defeat, avoid,
          bypass, remove, deactivate, or otherwise circumvent any
          software protection mechanisms in the Software, including
          without limitation any such mechanism used to restrict or
          control the functionality of the Software, or (ii) to derive
          source code or underlying ideas, algorithms, structure or
          organization from the Software (except that the foregoing
          prohibition shall not apply to the extent that such
          activities may not be prohibited under applicable law).  You
          may not remove or destroy any copyright notices or other
          proprietary markings. You may not modify or adapt the
          Software, merge the Software into another program or create
          derivative works based on the Software.  You may not use,
          copy, or distribute the Software without Licensor’s
          authorization, except that you may make one (1) copy of the
          Software for archival or back-up purposes only.   

4.	Ownership.  The license granted hereunder does not constitute
          a transfer or sale of Licensor’s ownership rights in or
          to the Software.  Except for the limited license rights
          granted above, as between you and the Licensor, Licensor
          retains all right, title and interest in and to the
          Software, including all intellectual property rights
          therein.  The Software is protected by applicable
          intellectual property laws including United States copyright
          laws and international treaties.  

5.	Trademarks.  Certain of the names used in this Agreement, the
          Software and the documentation may constitute trademarks of
          the Licensor or third parties.  You are not authorized to
          use any such trademarks without the prior written consent of
          Licensor.     

6.	Open Source Software.  The Software may contain certain Open
          Source Software.  “Open Source Software” means third
          party software that is distributed as “open source
          software” or under a similar licensing or distribution
          model.  Each item of Open Source Software is subject to its
          own applicable license conditions.  These licenses can be
          found in the OPENSOURCE.txt source file.  Copyrights to the
          Open Source Software are held by the copyright holders
          indicated in the copyright notices in the OPENSOURCE.txt
          file. 

7.	Termination.  This Agreement shall terminate automatically
          upon the return, destruction or deletion of all copies of
          the Software in your possession.  Licensor may terminate
          this Agreement at any time, with or without cause.   In the
          event of your failure to comply with any term of this
          Agreement, this Agreement shall terminate automatically.
          Licensor’s rights and your obligations shall survive the
          termination of this Agreement.  Upon termination of this
          Agreement, you shall certify in writing to Licensor that all
          copies of the Software, or any portion thereof, have either
          been returned to Licensor or otherwise destroyed or deleted
          from any of your computer libraries or storage devices. 

8.	NO WARRANTIES.  THE SOFTWARE IS PROVIDED AS IS.  YOU ASSUME
          ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO
          ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF,
          USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE.  TO THE
          MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR
          DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS,
          IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED
          WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
          PURPOSE AND SATISFACTORY QUALITY WITH RESPECT TO THE
          SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.  

9.	LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL LICENSOR
          BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT,
          INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING,
          WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
          BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF
          DATA, OR OTHER SUCH LOSS) ARISING OUT OF THE USE OR
          INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN
          ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE
          LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF
          ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. 

10.	Export Restrictions.  You may not export or re-export the
           Software without (i) the prior written consent of Licensor;
           and (ii) complying with applicable U.S. export control laws
           and obtaining any necessary permits and licenses. 

11.	General.  (i) This Agreement is governed by the laws of the
           State of California, without reference to its conflict of
           laws principles; (ii) Any dispute between the parties
           regarding this Agreement shall be subject to the exclusive
           jurisdiction of the state and federal courts located within
           the Northern District of California in connection with any
           action arising under this Agreement; (iii) You shall not
           assign this Agreement without the prior written consent of
           Licensor; (iv) No modification to this Agreement, or any
           waiver of any rights, shall be effective unless assented to
           in writing by both parties and the waiver of any breach or
           default shall not constitute a waiver of any other right
           hereunder or any subsequent breach or default; (v) This
           Agreement constitutes the entire and exclusive agreement
           between the parties hereto with respect to the subject
           matter hereof and supersedes any other communications with
           respect to the subject matter hereof; (vi) If any provision
           of this Agreement is held invalid or unenforceable, the
           remainder of this Agreement will continue in full force and
           effect and the invalid or unenforceable provision shall be
           reformed to the extent necessary to make it valid and
           enforceable. 

12.	Questions.  Should you have any questions concerning this
           Agreement, or if you desire to contact Licensor for any
           reason, please contact sales@archrock.com, phone: (415)
           692-0828, fax: (415) 278-0441. 

COPYRIGHT 2005 – 2008 Arch Rock Corporation - ALL RIGHTS RESERVED
Patents Pending





                                                                                                                                                                                                                                 
