Asante Limited Software License and Warranty Agreement

SOFTWARE LICENSE AGREEMENT This is a legal agreement between you (either an individual or an entity) and Asante Networks, Inc. By opening the package(s) containing the purchased software you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the unopened software package(s) and the accompanying items including written materials and binders or other container(s) to the place you obtained them for a full refund.

1. GRANT OF LICENSE. Asante Networks grants to you the right to use one copy of the enclosed Asante Networks software program per serial number (the "SOFTWARE" is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. Installation on a network server for the sole purpose of distribution to one or more other computer(s) shall constitute "use" for which a separate license/serial number is required.
    
2. COPYRIGHT. The SOFTWARE is owned by Asante Networks or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the software.
    
3. OTHER RESTRICTIONS - You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions.
   

LIMITED WARRANTY - Asante Networks warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. Some states/countries do not allow limitations of duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES - Asante Networks, and its suppliers' entire liability, and your exclusive remedy shall be, at Asante Networks' option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet Asante Networks' Limited Warranty and which is returned to Asante Networks with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period. Outside the United States, these remedies are not available without proof of purchase from an authorized non-U.S. source.

NO OTHER WARRANTIES - Asante Networks and its suppliers disclaim all other warranties, either expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have other legal rights, which vary from state to state, or country to country.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES - Asante Networks expressly disclaims all liability for any indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interrupted, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this Asante Networks product, even if Asante Networks has been advised of the possibility of such damages. Any suit or legal action relating to this Agreement or Licensed Programs must be brought within one (1) year of the date the programs are purchased by the original licensee. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. LIMITATION OF LIABILITY The liability of Asante Networks arising from this warranty and sale shall be limited to a refund of the purchase price. In no event shall Asante Networks, Inc. be liable for costs of procurement of substitute products or services, or for any lost profits, or for any consequential, incidental, direct or indirect damages, however caused and on any theory of liability, arising from this warranty and sale.

U.S. GOVERNMENT Restricted Rights - The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 52.227-7013 or subparagraphs (c) (1)and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Asante Networks, Inc., 821 Fox Lane, San Jose, California 95131. If you acquired this product in the United States, this Agreement is governed by the laws of the State of California. Should you have any questions concerning this Agreement, or if you desire to contact Asante Networks for any reason, please contact your local Asante Networks subsidiary or sales office, or write: Asante Networks, Inc., 2223 Oakland Road, San Jose, California 95131.

WARRANTY DISCLAIMERS Asante Networks makes no other warranties, express, implied, or otherwise, regarding its software, and specifically disclaims any warranty for merchantability or fitness for a particular purpose. The exclusion of implied warranties is not permitted in some states and the exclusions specified herein may not apply to you. This warranty provides you with specific legal rights. There may be other rights that you have which vary from state to state.