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5. Copying. Customer may not copy the Licensed Software except that one copy of any separate software component of the Licensed

Software may be made to the extent that such copying is necessary for Customer's own backup purposes.

6. Open Source. The Licensed Software may contain open source components licensed to Transcend pursuant to the license terms

specified as below,

(a) GNU General Public License (GPL), the terms of which is currently available at

http://www.gnu.org/licenses/gpl.html；

(b) GNU Lesser General Public License (LGPL), the terms of which is currently available at

http://www.gnu.org/copyleft/lesser.html；and/or

http://www.codeproject.com/info/cpol10.aspx

The above license terms will control solely with respect to the open source components. In the event that this Agreement conflicts with

the requirements of the above one or more terms with respect to the use of the corresponding open source components, Customer agrees

to be bound by such one or more license terms.

7. Disclaimer. TRANSCEND MAKES NO WARRANTY AND REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,

AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION,

LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE LICENSED SOFTWARE FOR

ANY PURPOSE. ALL SUCH INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE

PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TRANSCEND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS

WITH REGARD TO THIS INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING

ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE

EFFORT, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL TRANSCEND BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL

DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR

PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTION WITH THE USE, PERFORMANCE OR ACCURACY OF THE LICENSED

SOFTWARE OR WITH THE DELAY OR INABILITY TO USE THE LICENSED SOFTWARE, OR THE PRODUCT WITH WHICH THE

LICENSED SOFTWARE IS ASSOCIATED, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR

OTHERWISE, EVEN IF TRANSCEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Limitation of Liability. IN ANY CASE, TRANSCEND 'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT

WILL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY AND ORIGINALLY PAID AT RETAIL BY CUSTOMER FOR THE PRODUCT. The

foregoing Disclaimer and Limitation of Liability will apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow

the exclusion or limitation of incidental or consequential damages, so the exclusions and limitations set forth above may not apply.

9. Termination. Transcend may, in addition to any other remedies available to Transcend, terminate this Agreement immediately if

Customer breaches any of its obligations under this Agreement.

10. Miscellaneous. (a) This Agreement constitutes the entire agreement between Transcend and Customer concerning the subject matter

hereof, and it may only be modified by a written amendment signed by an authorized executive of Transcend. (b) Except to the extent

applicable law, if any, provides otherwise, this Agreement will be governed by the law of the Republic of China, excluding its conflict of law

provisions. (c) If any part of this Agreement is held invalid or unenforceable, and the remaining portions will remain in full force and effect. (d)

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or

condition or any subsequent breach thereof. (e) Transcend may assign its rights under this Agreement without condition. (f) This Agreement

will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.