Solid State Storage Inc.

This Agreement is a legal agreement between Solid State Storage Inc. ("Licensor") and you. This Agreement covers all software, the associated media, any printed materials, data, files and information relating to the Taiyen Memory Manager offered by Licensor (collectively, the "Software"). Pursuant to this Agreement, the Software is licensed and not sold.

Subject to the terms and conditions of this Agreement, Licensor grants to you a personal, limited, non-exclusive, non-transferable license (without the right to sublicense) to use the Software on the Permitted Number of computer systems. As used herein, "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Licensor.

The Software includes a library of commands which may be integrated by you into one or more software applications that you have the right to modify and distribute (each a "Developed Application") for the sole purpose of improving the operating performance of such Developed Applications (the "Permitted Use"). The Permitted Use encompasses only such use of the Software as is expressly set forth in the instructions provided as part of the Software. Except as may be otherwise specifically permitted in this Agreement or required for the sole purpose of the Permitted Use, you may not: (a) modify or create any derivative works of any Software; (b) copy the Software (other than to create one (1) backup copy); (c) separate Software, which is licensed as a single product, into its component parts; or (d) redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to the Software under any circumstances. You further agree that you will not under any circumstances: (a) sublicense or permit use of the Software (whether or not simultaneous) by more than the Permitted Number of users on the Permitted Number of computer systems, including by installation of the Software on a server or network system; (b) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); or (c) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or related documentation.

(A) The library included within the Software, and executable files created using such library, are "Redistributable Components," and may be redistributed as part of a Developed Application, without royalties or fees payable to Licensor, provided that: (a) you distribute the Redistributable Components only in conjunction with and as a part of the Developed Application; (b) the Developed Application adds significant and primary functionality to the Redistributable Components; (c) the Developed Application does not make memory management functions based on calls from the Software (or renamed equivalents) accessible to its users; (d) the Developed Application does not improve or replace the memory management function in other applications; (e) the Developed Application does not perform automated load or stress testing in the testing phase of software development or software fault analysis; (f) the Developed Application is not a language runtime library that manages memory for other applications written in that language; (g) you do not permit further redistribution of the Redistributable Components by your end-user customers; (h) you do not use Licensor’s or its suppliers’ name, logo, or trademarks to market the Developed Application; (i) you include the copyright notice, "Portions copyright 2004 Solid State Storage Inc." on your Developed Application; (j) you remain solely responsible to anyone using the Developed Application for support, service, upgrades, or technical or other assistance, and such recipients have no right to contact Licensor or its suppliers for such services or assistance; and (k) you agree to indemnify, hold harmless, and defend Licensor and its suppliers and distributors from and against any claims or lawsuits, including attorneys’ fees, that arise or result from the use or distribution of the Developed Application.

(B) Notwithstanding anything to the contrary herein, you are expressly prohibited from: (i) redistributing the Debug version of the Software or shared library or executable files created using the library from the Debug version of the Software, or (ii) reselling, renting, transferring, or otherwise distributing any database management system incorporating code from the Software, absent a separate written agreement with Licensor permitting such resale, rental, transfer or distribution.

Title to the Software and all copies thereof remain with Licensor. The Software is protected by United States copyright laws and international treaty provisions, as well as trade-secret laws. You agree not to remove copyright notices from the Software. Except as expressly provided herein, Licensor does not grant any express or implied right to you under any Licensor patents, copyrights, trademarks, or trade secret information.

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You acknowledge that the Software is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

If you are a business or organization, you agree that upon request from Licensor or Licensor’s authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Licensor.

Licensor reserves all rights not expressly granted to you herein. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. The provisions of Sections 3 and 6 shall survive the termination of this Agreement, however caused, but this shall not imply or create any continued right to use the Software after termination of this Agreement. This Agreement constitutes the complete and exclusive agreement between Licensor and you with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by an authorized representative of Licensor and you.

You acknowledge that in the event of a breach of this Agreement, money damages would not reasonably or adequately compensate Licensor for its loss. As a result, you recognize and consent to Licensor’s right to seek injunctive relief to cause you to abide by the terms of this Agreement.

This Agreement shall be governed by the laws of the State of Virginia.