Motorola Mobility, Inc., Broadband Home Software Solutions

Timbuktu®
SOFTWARE LICENSE AGREEMENT

This is a legal agreement (this "License") between you, the end user, and Motorola Mobility, Inc. ("Motorola"). Opening the enclosed disk envelope or, if electronically distributed, downloading and using the Software indicates that you accept and agree to comply with these terms.

1. LICENSE TO USE. Upon Your acceptance of this Agreement and subject to the terms hereof, Motorola, Inc., Broadband Home Solutions ("Motorola") grants to you a non-exclusive, personal license to use the Software as provided in this License. Each permitted copy of the Software may be stored in memory (either temporary or "permanent"), on no more than one computer at any one time. Each distinct copy of Timbuktu that is run in a Virtual Machine must have its own license. A virtual-machine installation is treated as a separate device, which in turn requires a separate license. However, you may install the Software on a network server for the sole purpose of valid distribution to other computers.

2. COPYRIGHT. The Software is owned by Motorola or its suppliers and is protected by United States copyright laws and international treaty provisions. This means that you must treat the Software like a book, musical recording or any other copyrighted material. Nevertheless, Motorola gives you the right to (a) make two copies of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk, provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the Software (called the "Documentation"). No right, title or interest in or to any trademark, service mark, logo or trade name of Motorola or its licensors is granted under this Agreement. Any rights not expressly granted herein are reserved by Motorola. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no right to use such content. Any trademark, trade name, copyright, or other proprietary notices, legends, symbols, or labels appearing on or in the Software shall not be altered or removed by You and shall be accurately reproduced by You on and in any permitted copy of the Software.

3. RESTRICTIONS. You may not rent or lease the Software, but you may permanently transfer the Software and Documentation provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not modify, reverse engineer, decompile, disassemble, or create derivative works from the Software or Documentation. You acknowledge that the Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of online control of aircraft, air traffic, aircraft navigation, aircraft communications or any nuclear facility. Motorola and its licensors disclaim any express or implied warranty of fitness for such uses.

4. SUPPORT SERVICES. You understand that Motorola may not, at its sole option, provide any assistance, technical, customer or other support, in the use of the Software, and You use the Software at your own risk. Motorola may provide You with support services related to the Software ("Support Services"). Use of Support Services is governed by the Motorola policies and programs described in "online" documentation and/or other Motorola- provided materials. Any error corrections, updates and supplemental software code provided to You as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information You provide to Motorola as part of the Support Services, Motorola may use such information for its business purposes, including for product support and development. Motorola will not utilize such technical information in a form that personally identifies You.

5. PRIVACY. The following information is sent to Motorola servers when a user enables the IP Locator service: Client IP address, software version number, activation key and the email address you are registering. This information is used to 1) aid in establishing Timbuktu sessions by resolving dynamic IP addresses and to 2) Electronically record the registration of your activation key.

6. THIRD PARTY SOFTWARE. Timbuktu Pro 8.6 works with Skype software. Timbuktu Pro 8.6 uses the Skype API but is not endorsed or certified by Skype. Skype is a trademark of Skype Technologies S.A. in Luxembourg and other countries.

This Software incorporates PuTTY. Below, the term "Software" refers specifically to the incorporated portions of PuTTY.

PuTTY is copyright 1997-2005 Simon Tatham.

Portions copyright Robert de Bath, Joris van Rantwijk, Delian Delchev, Andreas Schultz, Jeroen Massar, Wez Furlong, Nicolas Barry, Justin Bradford, Ben Harris, Malcolm Smith, and CORE SDI S.A.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

END THIRD PARTY SOFTWARE

7. LIMITED WARRANTY. Motorola warrants that for ninety (90) days following delivery of the Software to you: (1) the Software, unless modified by you, will perform substantially the functions described in the Documentation provided by Motorola; and (2) the media on which the Software is furnished will be free from defects in materials and workmanship under normal use. Motorola does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or error-free. Motorola is not responsible for any problem, including any problem which would otherwise be a breach of warranty, caused by (i) changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software, (ii) interaction of the Software with non-Motorola software or (iii) accident, abuse, or misapplication.

8. THE ABOVE WARRANTIES ARE MADE BY MOTOROLA ALONE, AND THEY ARE THE ONLY WARRANTIES MADE BY ANYONE REGARDING THE ENCLOSED SOFTWARE. Motorola and its licensor(s) make no other warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding the enclosed SOFTWARE. Except as otherwise expressly provided above, Motorola and its licensor(s) do not warrant, guarantee or make any representation regarding the use or the results of the use of the SOFTWARE in terms of its correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the SOFTWARE is assumed by you. The exclusion of implied warranties is not permitted by some states or jurisdictions, so the above exclusion may not apply to you. IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. There may be other rights that you may have which vary from jurisdiction to jurisdiction.

9. 4. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOTOROLA OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, GENERAL, SPECIAL, RELIANCE, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF GOODWILL, USE, DATA OR PROFITS OR ANY OTHER INTANGIBLE OR PECUNIARY LOSS) HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MOTOROLA SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MOTOROLA'S LIABILITY TO YOU, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. INDEMNITY. Third Party Beneficiary. As a condition of Your use, You agree to defend and indemnify Motorola and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including, without limitation, attorneys' fees and other dispute resolution expenses) incurred in connection with any claim, lawsuit or action by any third party that arises or results from Your use or misuse of the Software or downloading, use, reproduction of, and/or receipt or distribution of any information or content utilizing the Software, Your breach of this Agreement or Your violation of any rights of any third party. You agree that Motorola's licensors are third party beneficiaries to this Agreement.

11. TERMINATION. This License is effective until terminated. You may terminate the license at any time by returning the Software and all Documentation to Motorola and by removing the Software from the memory of the computer into which the Software has been transferred. This License may be terminated by Motorola immediately and without notice in the event that you fail to comply with any term or condition hereof. Upon any termination, you will return to Motorola, at your expense, the Software and Documentation and any copies whether or not the copying was authorized. Motorola reserves the right, in its sole discretion and at any time, to terminate this Agreement, modify or discontinue the Software; and/or make changes to or terminate this Agreement.

12. EXPORT REGULATIONS. All the Software and technical data delivered under this Agreement are subject to United States export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that You have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to You. You agree that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred, or reexported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the same.

13. TRADEMARKS. "Motorola", the Motorola logo, Timbuktu, and other Motorola related properties are trademarks of Motorola and may be registered in certain jurisdictions. All other trademarks shown are trademarks of their respective owners.

14. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. If the Software is being acquired by or on behalf of the United States Government or by a United States Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying documentation will be only as set forth in this Agreement; the Software is provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights to Technical Data and Computer Software clause in DFARS 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is Motorola, Inc., Broadband Home Solutions , 1101 Marina Village Parkway, Suite 200, Alameda, California, 94501.

15. SEVERABILITY; NO WAIVER; INTEGRATION. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. The failure or delay of Motorola to exercise or enforce any rights or provision of this Agreement does not constitute a waiver of such right or provision. This Agreement is the entire agreement between You and Motorola relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement; provided, however, that any confidential disclosure agreement by and between You and Motorola shall remain in full force and effect in accordance with its terms. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

16. Governing Law. The Software License Agreement shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended, rather any action related to this Agreement will be governed by Illinois law and controlling United States federal law. No choice of law rules of any jurisdiction will apply.

Should you have any questions concerning this License, please write Motorola Mobility, Inc., Timbuktu Product Management and Marketing, 1101 Marina Village Parkway, Suite 200, Alameda, CA 94501 USA or visit Motorola online at www.motorola.com