Harmonic Software License Agreement for Harmonic Carbon Coder / Carbon Server IMPORTANT-READ CAREFULLY: This Software License Agreement is a legal agreement between you (either an individual or a single entity) and Harmonic Inc. for the Harmonic software product(s) identified above which may include associated media, printed materials, copy protection devices, and online・or electronic documentation (SOFTWARE・. By installing, copying, or otherwise using the SOFTWARE (all within the limitations set forth in this Agreement), you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, DO NOT install or use the SOFTWARE. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. 1. GRANT OF LICENSE. The SOFTWARE is licensed as follows: (a) Installation and Use. Subject to your payment of the license fee, Harmonic grants you a non-transferable, nonexclusive, perpetual license to install and use one copy of the SOFTWARE for your internal business purposes and in accordance with the terms of this License Agreement. Notwithstanding the foregoing, the licenses granted herein exclude any license for patents reasonably necessary to practice or otherwise related to ISO IEC 14496-10 and any amendments thereto, SMPTE VC-1, ISO IEC 14496-3-2001, ISO IEC 14496-3 Amendment 1 (2003). (b) Backup Copies. You may also make copies of the SOFTWARE as may be necessary for backup and archival purposes. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. (a) Pre-release Software. If any component of the SOFTWARE or any of its components is marked prerelease・or beta・ the component of the SOFTWARE constitutes prerelease code and may be changed substantially before commercial release. You may not use such component in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up. (b) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (c) Rental. You may not rent, lease, or lend the SOFTWARE in any manner or through any medium. You may, however, offer transcoding as a service where the user does not interact directly with the SOFTWARE user interface. (d) If you exceed or violate the use limitations of this License Agreement in any manner, including without limitation sharing or copying the SOFTWARE in any way including copying or loading the SOFTWARE for internet access, Harmonic shall have the right, among other rights and remedies it may have, to terminate all of your rights under this License Agreement, including without limitation disabling the SOFTWARE, and terminating this License Agreement and all upgrades, support or other accessories or services that may be available under this Agreement, as applicable. (e) Export Restrictions. You agree to comply with all laws and regulations that apply to the SOFTWARE required by U.S. or other governments, including but not limited to U.S. Export Administration Regulations and end-use restrictions in the country of destination. (f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE. 3. TERMINATION. Without prejudice to any other rights, Harmonic may terminate this License Agreement if you fail to comply with the terms and conditions of this license. In such event, you must return or destroy the SOFTWARE and all copies. 4. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE and any copies thereof are owned by Harmonic and/or its licensors. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License Agreement grants you no rights to use such content. All rights not expressly granted are reserved by Harmonic. 5. U.S. GOVERNMENT 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 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Harmonic Inc., 549 Baltic Way, Sunnyvale, CA 94089 U.S.A.. 6. NO WARRANTIES. Harmonic expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED AS IS・WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. 7. LIMITATION OF LIABILITY. Regardless of whether any remedy set forth herein fails of its essential purpose, in no event will Harmonic be liable to you for any special, consequential, indirect, punitive, or similar damages, including any lost profits or lost data arising out of the use or inability to use the software even if Harmonic has 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 the above limitation or exclusion may not apply to you. In no case shall Harmonic's liability exceed the purchase price for the software. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software. 8. GENERAL. This License Agreement is governed by the laws of the State of California, U.S.A.