DEFINITIONS:“Device” is the product described in this document or document set. “Cortina” is Cortina Systems, Inc. “Software” is the software used with the Device, including the Application Programmable Interface (“API”). “You” are a customer, or potential customer, of Devices with whom Cortina has an NDA. LICENSE:Subject to the restrictions below, Cortina grants to You a non-exclusive, non-assignable, non-transferable, royalty-free copyright license to (1) copy and modify the source code of the API; (2) incorporate the API in object code form or as a library into Your software which is solely used with Your products (that incorporate the Devices); and (3) distribute to Your customer, inobject code form only, the API. RESTRICTIONS:The Software must be used solely in conjunction with the Devices and solely for Your internal evaluation, demonstration, software application development anddistribution for production purposes, either with an Cortina platform that contains the Device or with Your own product that incorporates the Device. Notwithstanding anything to the contrary, the API can be incorporated into Your software as described above and distributed to Your customers in object code form only. You may not distribute the Software as a stand-alone product. You shall not cause the incorporation, modification or distribution of the Software to become subject to any open source licenses. You will make reasonable efforts to discontinue the distribution of any portions of the Software that You are licensed hereunder to distribute upon Cortina’s release of an update, upgrade or new version of the Software. You agree that You are solely responsible for supporting any code which You modify, incorporate or distribute. You may not reverse-assemble, reverse-compile, or otherwise reverse-engineer any Software provided in binary or machine readable form. Distribution of the Software is also subject to the following limitations: You (i) are solely responsible to Your customers for any update or support obligation or other liability which may arise from the modification, incorporation, and distribution of the Software, (ii) do notmake any statement that Your product is“certified,” or that its performance is guaranteed, by Cortina, (iii) do not use Cortina's name or trademarks to market Your product without prior written permission, (iv) shall prohibit disassembly and reverse engineering, and (v) shall indemnify, hold harmless, and defend Cortina and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from Your distribution of any product. OWNERSHIP OF SOFTWARE AND COPYRIGHTS.The title to all copies of the Software remains with Cortina or its suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. Cortina may make changes to the Software, or to items referenced therein, at any timewithout notice, but is not obligated to support or update the Software. Except as otherwise expressly provided,Cortina grants no express or implied right under Cortina patents, copyrights, trademarks, or other intellectual property rights. DISCLAIMER OF WARRANTIES.THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. CORTINA AND ITS SUPPLIERSHEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY.IN NO EVENT SHALL CORTINA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CORTINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TERMINATION OF THIS LICENSE.Cortina may terminate this license at any time if You violate its terms. Upon termination, You will immediately destroy the Software or return all copies of the Software to Cortina. APPLICABLE LAWS.Claims arising under this license shall be governed by the laws of the State of Delaware, excluding its principles of conflict of laws. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this license.You shall not export, either directly or indirectly, any Software or derived object code without first obtaining any required license or other approval from the applicable governmental entity, including the U.S. Department of Commerce or any other agency or department of the United States Government if required. This isthe entire agreement and understanding between You and Cortina relating to this subject matter, and no amendments will be effective unless in a writing signed by both parties. GOVERNMENT RESTRICTED RIGHTS.The Software is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government issubject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes acknowledgment of Cortina's proprietary rights therein. Contractor or Manufacturer is Cortina.