                        END USER SOFTWARE LICENSE AGREEMENT

Important: READ CAREFULLY BEFORE CLICKING ON THE "AGREE" BUTTON, INSTALLING THIS SOFTWARE OR ENTERING A LICENSE KEY.

THIS PRODUCT CONTAINS COMPUTER CODE/FIRMWARE CODE AND RELATED DOCUMENTATION ("SOFTWARE")
THAT BELONG TO QLOGIC CORPORATION.("QLOGIC"), THE USE OF WHICH IS SUBJECT TO THIS END USER
SOFTWARE LICENSE AGREEMENT ("AGREEMENT").CLICKING ON THE "AGREE" BUTTON BELOW, INSTALLING/USING
THE SOFTWARE OR ENTERING A LICENSE KEY CONSTITUTES ACCEPTANCE BY LICENSEE ("LICENSEE" MEANS YOU
OR THE BUSINESS ENTITY ON WHOSE BEHALF YOU USE OR INSTALL THE SOFTWARE, AS APPLICABLE) OF ALL THE
TERMS AND CONDITIONS OF THIS AGREEMENT, SUBJECT TO ANY "PRIOR WRITTEN AGREEMENT" AS DEFINED IN
SECTION 13 BELOW.  IF LICENSEE DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
LICENSEE SHALL NOT INSTALL/USE THE SOFTWARE OR ENTER A LICENSE KEY.  WRITTEN APPROVAL IS NOT A
PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT.

1.  License Grant. Subject to the terms and conditions of this Agreement, QLogic grants Licensee a limited, non-
    transferable, non-sublicensable, non-exclusive license to install, download and/or use the Software (in
    object code form only) with certain approved products manufactured by or for QLogic and approved products
    manufactured by or for an OEM customer of QLogic ("QLogic Approved Products"). This license is only available
    to original end user purchasers of QLogic Approved Products that have been purchased through QLogic authorized
    distribution channels or approved OEM distribution channels. This license is not available to any end users
    of QLogic products who have purchased QLogic products, which have previously been used and the license is
    not available to any purchaser of QLogic application specific integrated circuits ("ASICs") or any product
    incorporating an ASIC, unless the product incorporating the ASIC is a QLogic Approved Product. No rights
    or licenses in the Software are granted to Licensee other than those rights expressly granted in this Agreement.
    Nothing in this License entitles Licensee to any upgrades or updates to, or future releases of, the Software.
2.  Permitted Use. Licensee may only install and use the Software in accordance with the documentation provided with
    the Software and with QLogic Approved Products.
3.  Intellectual Property Rights. The Software contains or embodies intellectual property of QLogic (or any of
    its licensors). The structure, organization and code are valuable trade secrets of QLogic (or its licensors).
    QLogic and/or its licensors do not grant, convey or license to Licensee any rights under any patents,
    copyrights, trademarks or any other intellectual property except as specifically granted herein. The
    Software is protected under U.S. copyright laws, international treaty provisions and applicable laws
    (including patent laws, if applicable) of the country in which it is being used. Any unauthorized duplication
    of the Software is expressly forbidden.
4.  Ownership of Software. Notwithstanding anything to the contrary, QLogic and its licensors retain all title
    to and, except as expressly and unambiguously licensed herein, all rights and interest in (i) the Software,
    all copies and derivative works thereof (by whomever produced), and (ii) all copyright rights, patent rights,
    trade secret rights, moral rights and all other intellectual property and proprietary rights anywhere in the
    world in the Software. The Software is only licensed to Licensee and is not sold.
5.  Restrictions and Cooperation. Licensee shall not (and shall not allow any third party to) (i) decompile,
    disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, or
    underlying ideas or algorithms of the Software (except to the extent expressly permitted under applicable law);
    (ii) provide, lease, lend, use for timesharing or otherwise use or allow others to use the Software to or for
    the benefit of third parties; (iii) except as specified in the applicable user documentation, modify, incorporate
    into or with other hardware or software, or create a derivative work of any part of the Software; (iv) disseminate
    performance information or analysis from any source relating to the Software; (v) make any copies of the Software
    except as required to use the Software as licensed hereunder, except for one (1) copy solely for archival and
    back-up purposes, or (vi) remove any product identification, copyright notice or other proprietary legend from
    the Software. Licensee agrees to cooperate with QLogic and its licensors in connection with their efforts to
    protect their copyright/patent rights and other legal rights in the Software. QLogic may, from time to time,
    implement additional security measures for the Software, and Licensee shall cooperate with such measures and
    be responsible for installing upgrades that include such measures.
6.  Third Party Code. Licensee is aware that the licensed Software interfaces with other third party
    libraries/components/applications/user interface/utilities (collectively referred to as "Third Party Code").
    Exhibit "A" provides the licensing requirements for Third Party Code. It is your responsibility to comply
    with Third Party Code restrictions and licensing requirements. For any Third Party Code licensed under the
    GNU General Public License (the "GPL") or the GNU Lesser General Public License (the "LGPL"), Licensee may
    request a copy of the source code for such Third Party Code by contacting QLogic Technical Support at www.qlogic.com.
7.  Further Obligations. Licensee shall defend, indemnify and hold QLogic harmless from and against any and all
    claims, damages, liabilities, costs and expenses (including, without limitation, attorneys’ fees) arising
    out of Licensee’s breach of its obligations under this Agreement.
8.  Term and Termination. This Agreement will become effective on the date Licensee clicks on the "Agree" button
    below or otherwise uses the Software and will remain in force until terminated. Licensee may terminate this
    Agreement at any time, and QLogic may terminate this Agreement if Licensee breaches any of the terms or
    conditions hereunder. Licensee agrees to destroy or return to QLogic the original and all copies of the
    Software immediately upon any termination of this Agreement.
9.  Confidentiality. Licensee acknowledges that the Software contains valuable trade secrets of QLogic and other
    information proprietary to QLogic and its licensors. Licensee shall: (i) keep confidential such trade secrets
    and proprietary information, including without limitation all information concerning ideas and algorithms
    related to the Software, (ii) disclose such information only to its employees and agents to the extent required
    to use the Software under the terms of this Agreement and (iii) bind its employees, consultants, agents and
    other third parties in writing to maintain the confidentiality of such trade secrets and proprietary information
    and not use or disclose such information except as permitted in this Agreement.
10. Limited Warranty and Disclaimer. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING,
    WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    QLOGIC DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. QLOGIC
    DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE OF THE
    SOFTWARE INCLUDING, WITHOUT LIMITATION, THE CORRECTNESS, ACCURACY OR RELIABILITY OF SUCH USE OR RESULTS.
11. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL QLOGIC BE LIABLE TO LICENSEE
    OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
    PROFITS, LOST DATA OR LOST SAVINGS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY
    EVEN IF QLOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
    QLOGIC IS NOT RESPONSIBLE IN ANY WAY FOR USE OF THE THIRD PARTY SOFTWARE. LICENSEES’S USE OF THE THIRD PARTY
    SOFTWARE IS AT THEIR OWN RISK.
12. Export. Licensee represents, warrants and agrees that it will not, directly or indirectly, export, re-export
    or transmit the Software or any part thereof to any country in which such export, re-export or transmission
    is restricted by any applicable U.S. regulation or statute, without the prior written consent of both QLogic
    and, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other
    governmental entity as may have jurisdiction over such export or transmission.
13. Miscellaneous. A party’s failure to exercise or its delay in exercising any rights hereunder will not be
    deemed to be a waiver of such right. If any provision of this Agreement shall be held by any court of
    competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to
    the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and
    enforceable. This Agreement shall be construed pursuant to the laws of the State of California and the
    United States without regard to conflicts of laws provisions thereof and without regard to the United
    Nations Convention on Authority for the International Sale of Goods. Licensee irrevocably submits to the
    jurisdiction of any state or federal court sitting in the State of California, United States of America,
    and consents to venue in such forum with respect to any action or proceeding that relates to this Agreement.
    No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly
    authorized officer of QLogic. The provisions of Sections 3-13 shall survive termination of this Agreement.
    This Agreement is in the English language only, which language shall be controlling and any revision of this
    Agreement in any other language shall not be binding. If there is a signed written agreement between QLogic
    and Licensee covering the Software that is the subject of this Agreement ("Prior Written Agreement"), the
    Prior Written Agreement shall govern the use of the Software by Licensee. Unless there is a Prior Written
    Agreement, both parties agree that this Agreement is the complete and exclusive statement of the mutual
    understanding of the parties and supersedes and cancels all previous written and oral agreements and
    communications relating to the subject matter of this Agreement. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER,
    SALES PERSON OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION
    OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE REPRESENTATIONS OR PROMISES IN THIS AGREEMENT.
