LICENSE AGREEMENT MIPS Computer Systems, Inc. manufactured Magnum 4000 workstations whose CPU is a MIPS R4000(R) microprocessor, or other microprocessor based on the MIPS architecture ("MIPS Chips"). MIPS Technologies, Inc. ("MTI") is the successor in interest to this technology. By using and/or downloading the attached freeware titled "setup.zip" (hereinafter, "Freeware"), which is a program that reconfigures the Magnum 4000 workstation to run in little endian mode, enabling the Magnum 4000 to accept a port of Linux to the MIPS architecture, you and/or your company ("Licensee") are agreeing to be bound by the following terms and conditions: 1. Licensee is grated an internal, personal, royalty-free, non-commercial right and license to use the Freeware only with computer systems which use a MIPS Chip as a CPU, without the right to copy, distribute or sublicense the Freeware. Licensee further agrees not to dissassemble, decompile or otherwise reverse or reengineer the Freeware such that it performs the same functions on machines which do not use a MIPS Chip as a CPU. 2. Licensee acknowledges that the Freeware may contain trade secret information which is proprietary to MTI and agrees to hold any such information it may discover in confidence, and not to disseminate any such information in any manner whatsoever. 3. MTI MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR UTILITY OF THE FREEWARE, OR THAT THE USE OF THE FREEWARE WILL NOT INFRINGE ANY UNITED STATES OR FOREIGN PATENT, COPYRIGHT OR TRADE SECRET. THE FREEWARE IS MADE AVAILABLE ON AN "AS-IS" BASIS. MTI AND ITS AGENTS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY OR OTHER DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM LICENSEE'S USE OF THE FREEWARE, AND LICENSEE AGREES TO DEFEND, INDEMNIFY AND HOLD MTI AND ITS AFFILIATES HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, SUITS OR ACTIONS INCURRED BY OR IMPOSED ON THE LICENSEE OR ITS AFFILIATES IN CONNECTION WITH THE FREEWARE.