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BEFORE DOWNLOADING, INSTALLING, ACCESSING OR USING THE MICRON TECHNOLOGY, INC.

("MTI") SYSTEM SCANNER SOFTWARE ("SOFTWARE") OR CLICKING ON "ACCEPT", PLEASE
CAREFULLY READ THIS ON-LINE SYSTEM SCANNER SOFTWARE LICENSE AGREEMENT ("AGREEMENT")
WHICH CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU ("LICENSEE") ARE ACQUIRING
A LICENSE TO USE THE SOFTWARE. IF LICENSEE DOES NOT ACCEPT THE TERMS AND CONDITIONS
OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SOFTWARE, AND
DO NOT CLICK ON "ACCEPT". IF LICENSEE DOWNLOADS, INSTALLS, ACCESSES OR USES THE
SOFTWARE OR CLICKS ON "ACCEPT", LICENSEE WILL BE ACQUIRING A LICENSE TO USE THE
SOFTWARE IN OBJECT CODE FORM ONLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF
THIS AGREEMENT, AND LICENSEE WILL BE CONSIDERED TO HAVE ACCEPTED AND AGREED TO ALL
THE TERMS AND CONDITIONS OF THIS AGREEMENT.
MTI grants to Licensee during the term of this Agreement a non-exclusive, non-
transferable, revocable and restricted license to use internally the Software
strictly for the purposes of determining possible memory upgrades to Licensee's
personal computer. No resale, relicensing, export, re-export or other
redistribution of the Software in any way is permitted. Licensee acknowledges and
agrees that it is solely responsible for the provision, maintenance and operation
of all software (including without limitation all operating systems, web browsers,
and network software), hardware, firmware, computer and telecommunications
equipment and services, and all other third party products, materials and services
necessary or useful for the proper download, installation, operation, access and/or
use of the Software, and for paying any and all fees, costs and expenses associated
with any and all of the foregoing.
All right, title and interest in and to the Software, including without limitation
all patent, copyright, trademark, trade secret and all other proprietary and
intellectual property rights, shall at all times remain with MTI (or its
licensors). Licensee acknowledges and agrees that no ownership interest in or to
the Software is transferred to Licensee hereunder, and that the Software is
provided to Licensee during the term of this Agreement only and strictly on a
license basis as provided for within this Agreement. MTI (or its licensors)
reserves all rights not expressly granted.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS OR
WARRANTIES WHATSOEVER. MTI DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL BE
ERROR-FREE, BUG-FREE, UNINTERRUPTED, TIMELY, COMPLETE, ACCURATE OR SECURE. WITHOUT
LIMITING THE FOREGOING, MTI EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND THOSE ARISING FROM A COURSE OF
DEALING, USAGE, TRADE CUSTOM OR PRACTICE. THESE DISCLAIMERS SHALL APPLY TO THE
MAXIMUM EXTENT PERMISSABLE UNDER APPLICABLE LAW.
THE ENTIRE RISK AS TO THE DOWNLOAD, INSTALLATION, ACCESS, USE, RESULTS AND
PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE. MTI SHALL NOT BE LIABLE UNDER
ANY CIRCUMSTANCES OR ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY LOST REVENUE OR
PROFITS, LOST OR DAMAGED DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, OR FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES
WHATSOEVER ARISING OUT OF OR RELATING TO THE SOFTWARE OR TO THIS AGREEMENT, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTHING IN
THIS AGREEMENT SHALL RESTRICT MTI'S LIABILITY IN A MANNER WHICH IS EXPRESSLY
PROHIBITED BY APPLICABLE LAW.
This Agreement is effective until terminated. Licensee may terminate this Agreement
at any time by ceasing all use of the Software. This Agreement shall terminate
immediately without notice from MTI if Licensee fails to comply with any provision
of this Agreement. Upon termination, Licensee must destroy all copies of the
Software.
Any download, installation, access or use of the Software for or on behalf of the
United States of America, its agencies and/or instrumentalities ("U.S.
Government"), is provided with Restricted Rights. Use, duplication, or disclosure
by the U.S. 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 Micron
Technology, Inc. 8000 S. Federal Way, Boise, Idaho 83707-0006.
The Software and technical data delivered under this Agreement are subject to U.S.
export control laws and may be subject to export or import regulations in other
countries. Licensee agrees to comply strictly with all such laws and regulations
and acknowledges that Licensee has the responsibility to obtain such licenses to
export, re-export, or import as may be required.
This Agreement shall be governed by the laws of the State of Idaho and controlling
U.S. federal law. No choice of law or conflict of law principles shall apply, and
the 1980 United Nations Convention on Contracts for the International Sale of
Goods, if applicable, is expressly excluded. Licensee agrees that the state and
federal courts located in Idaho constitute a convenient forum for any litigation
and Licensee submits to the exclusive and personal jurisdiction and venue of such
courts. This transaction is void wherever such transaction is prohibited.
Any provision of this Agreement which is held to be prohibited or unenforceable in
any jurisdiction shall, as to such jurisdiction, be severed from this Agreement and
ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining portions hereof or affecting the validity or
enforceability of such provision in any other jurisdiction. This Agreement sets
forth the entire agreement and understanding of the parties relating to the subject
matter herein and merges all prior discussions and understandings between the
parties relating to the subject matter herein. No modification of or amendment to
this Agreement, nor any waiver of any rights under this Agreement, shall be
effective unless in writing signed by MTI.