Deepwave Digital Standard Software License¶

License For Customer Use of Deepwave Digital Software

IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of
Deepwave Digital Software ("LICENSE") is the agreement which governs
the use of the software of Deepwave Digital, Inc. ("The Company")
downloadable herefrom, including computer software and associated printed
materials ("SOFTWARE"). By downloading, installing, copying, or
otherwise using the SOFTWARE, you agree to be bound by the terms of this
LICENSE. If you do not agree to the terms of this LICENSE, do not
download the SOFTWARE.

RECITALS

Use of Deepwave Digital, Inc.'s products requires two elements: the
SOFTWARE and the hardware on a wireless transceiver board. The SOFTWARE
is protected by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. The SOFTWARE is
not sold, and instead is only licensed for use, strictly in accordance
with this document. The hardware is protected by various patents, and
is sold, but this agreement does not cover that sale, since it may not
necessarily be sold as a package with the SOFTWARE. This agreement sets
forth the terms and conditions of the SOFTWARE LICENSE only.

1. DEFINITIONS
   1. Customer. Customer means the entity or individual that downloads
      the SOFTWARE, or purchases the SOFTWARE, or purchases SOFTWARE as
      a component of hardware.

2. GRANT OF LICENSE
   1. Rights and Limitations of Grant. The Company hereby grants Customer
      the following non-exclusive, non-transferable right to use the
      SOFTWARE, with the following limitations:
   2. Rights. Customer may install and use multiple copies of the SOFTWARE
      on a shared computer or concurrently on different computers, and
      make multiple back-up copies of the SOFTWARE, solely for Customer's
      use within Customer's Enterprise. "Enterprise" shall mean individual
      use by Customer or any legal entity (such as a corporation or
      university) and the subsidiaries it owns by more than fifty percent.
   3. Limitations.
        a. No Reverse Engineering. Customer may not reverse engineer,
        decompile, or disassemble the SOFTWARE, nor attempt in any other
        manner to obtain the source code.
        b. No Separation of Components. The SOFTWARE is licensed as a
        single product. Its component parts may not be separated for use
        on more than one computer, nor otherwise used separately from the
        other parts.
        c. Use only on Deepwave Digital, Inc. products. The SOFTWARE
        is licensed to be used on Deepwave Digital, Inc. products for
        which the manufacturer intended the SOFTWARE to be used.

3. TERMINATION
This LICENSE will automatically terminate if Customer fails to comply with
any of the terms and conditions hereof. In such event, Customer must
destroy all copies of the SOFTWARE and all of its component parts.

Defensive Suspension. If Customer commences or participates in any legal
proceeding against Deepwave Digital, Inc., then Deepwave Digital, Inc.
may, in its sole discretion, suspend or terminate all license grants and
any other rights provided under this LICENSE during the pendency of such
legal proceedings.

4. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited
to all images, photographs, animations, video, audio, music, text, and
other information incorporated into the SOFTWARE), the accompanying printed
materials, and any copies of the SOFTWARE, are owned by the Company or its
suppliers. The SOFTWARE is protected by copyright laws and international
treaty provisions. Accordingly, Customer is required to treat the SOFTWARE
like any other copyrighted material, except as otherwise allowed pursuant
to this LICENSE and that it may make one copy of the SOFTWARE solely for
backup or archive purposes.

5. THIRD-PARTY LICENSES
Certain files, programs or other materials distributed in connection with
the SOFTWARE may originate from third-party licensors and are licensed to
Customer not under the terms and conditions of this Agreement, but rather
pursuant to the terms and conditions of the applicable licenses that
appear upon installation, acceptance and/or activation of the Software
and/or are contained or described in the corresponding release notes or
other documentation or header or source files. Such files, programs or
other materials may be subject to the terms of the GNU General Public
License or other open source or free software licenses. Customer agrees
to carefully review and abide by the terms and conditions of these licenses
to the extent that they govern such files, programs or other materials.
Notwithstanding the foregoing, to the maximum extent permitted by
applicable law and if not prohibited by any such third-party licenses,
all such third-party files, programs or other materials shall be deemed
covered under Sections 6 (Applicable Law) and 7 (Disclaimer of Warranties
and Limitation on Liability) of this Agreement.

6. APPLICABLE LAW
This agreement shall be deemed to have been made in, and shall be
construed pursuant to, the laws of the State of Delaware.

7. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
    1. No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
    THE SOFTWARE IS PROVIDED "AS IS" AND DEEPWAVE DIGITAL, INC. AND ITS
    SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
    INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
    AND FITNESS FOR A PARTICULAR PURPOSE.
    2. No Liability for Consequential Damages. TO THE MAXIMUM EXTENT
    PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEEPWAVE DIGITAL, INC.
    OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
    CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
    DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
    OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF
    THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF DEEPWAVE DIGITAL,
    INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. MISCELLANEOUS
The United Nations Convention on Contracts for the International Sale of
Goods is specifically disclaimed. If any provision of this LICENSE is
inconsistent with, or cannot be fully enforced under the law, such
provision will be construed as limited to the extent necessary to be
consistent with and fully enforceable under the law. This agreement is the
final, complete and exclusive agreement between the parties relating to
the subject matter hereof, and supersedes all prior or contemporaneous
understandings and agreements relating to such subject matter, whether
oral or written. Customer agrees that it will not ship, transfer or export
the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited
by the United States Bureau of Export Administration or any export laws,
restrictions or regulations. This LICENSE may only be modified in writing
signed by an authorized officer of Deepwave Digital, Inc.