XIA LLC Firmware License Version 1.0, July 2021 TERMS AND CONDITIONS FOR USE AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use and distribution of XIA LLC Firmware as defined by Sections 1 through 8 of this license document. "Licensor" is the copyright owner XIA LLC and is the sole entity capable of granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Firmware" shall mean the proprietary files distributed by the Licensor and made available under this License. The firmware is intended for use with hardware produced by the Licensor. “Checksum File” shall mean any file provided with the Firmware that contains an MD5 hash value. “Package” shall mean any executable or binary file that includes the Firmware and Checksum File covered by this License. “Installation” shall mean the process of making a Package ready for use. 2. Grant of License. The Firmware and any copies thereof are owned by Licensor, and are the valuable trade secrets of Licensor. The Firmware is protected by United States Copyright Law and International Treaty Provisions. You may not copy the Firmware, except as set forth in the “Redistribution” section. Any copies that you are permitted to make pursuant to this License must contain the same copyright and other proprietary notices that accompany the Firmware. You agree not to modify, adapt or translate the Firmware. You also agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Firmware. 3. Redistribution. You may distribute copies of the Firmware in any medium, without modifications, provided that You meet the following conditions: 1. You must provide any other recipients of the Firmware a copy of this License; and 2. You must maintain the original Checksum File distributed with the Firmware; and 3. Your Packages that install the Firmware must install this License and Checksum File as part of the Installation process. 4. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Firmware and reproducing the content of the Checksum File. 5. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Firmware on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Firmware and assume any risks associated with Your exercise of permissions under this License. 6. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall the Licensor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Firmware (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if the Licensor has been advised of the possibility of such damages. 7. Accepting Warranty or Additional Liability. While redistributing the Firmware thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of the Licensor, and only if You agree to indemnify, defend, and hold the Licensor harmless for any liability incurred by, or claims asserted against, the Licensor by reason of your accepting any such warranty or additional liability. 8. Notice to United States of America Government End-Users. The Firmware and Documentation are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Firmware” and “Commercial Computer Firmware Documentation”, as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202 as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227-7202-1 through 227.7202-4, as applicable, the Commercial Computer Firmware and Commercial Computer Firmware Documentation are being licensed to the United States of America Government end-users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. XIA LLC, 2744 E 11th St, Oakland, CA 94601. END OF TERMS AND CONDITIONS