MERLIN® MyQ® LICENSE

AGREEMENT AND TERMS OF USE

This version is effective as of August 1st, 2017.

COMPATIBILITY NOTICE: The myQ System is compatible with myQ Hubs, Gateways, and Light Controls. Your use of certain older and new products may affect compatibility. For confirmation regarding expected compatibility with your devices, check https://www.chamberlain.com/smartphone-control-products/smartphone-connectivity before installation. These Terms govern all issues and rights with respect to compatibility.

IMPORTANT WARNING: TO REDUCE THE RISK OF SERIOUS INJURY OR DEATH, YOU MUST NEVER PERMIT CHILDREN TO ACCESS, USE, OPERATE OR PLAY WITH ANY DEVICE OPERATED BY myQ OR ANY CONTROLS THEREOF. YOU MUST NEVER USE THE myQ SYSTEM WHILE DRIVING.

The Chamberlain Group, Inc. and its subsidiaries and affiliates (collectively, “LiftMaster”) provide devices and software (called “MyQ”) that permit users to communicate with or control services and devices from LiftMaster and third parties, including certain garage door openers, lights and other compatible products by using an Internet-enabled smartphone, tablet or computer.

1. These Terms and Conditions (“Terms”) are a binding legal agreement between you (the person accepting this agreement) and LiftMaster. Please read these Terms carefully. The Terms govern your access to and use of LiftMaster’s proprietary myQ gateway system (the “MyQ System”). A more complete description of the myQ System is included as Exhibit A . Before you may use or access the myQ System (defined below), or any portion thereof, you must read and accept all of the terms and conditions in, and linked to, these Terms.

2. LiftMaster collects information from you or about or related to your use of the myQ System. A description of LiftMaster’s practices related to personal information and other data we collect are included in LiftMaster’s Privacy Statement: https://www.myliftmaster.com/assets/docs/LiftMasterPrivacyStatement. The U.S. Privacy Statement is not incorporated into these Terms. .

Part I

AGREEMENT TO THE TERMS

3. YOU AGREE TO THESE TERMS EITHER BY (I) CHECKING THE BOX STATING “I AGREE TO THE LICENSE AGREEMENT AND TERMS OF USE”; OR (II) ACCESSING, DOWNLOADING OR USING THE myQ SYSTEM OR ANY PART OF THE myQ SYSTEM (SUCH AS A MOBILE APP).

4. IF YOU DO NOT ACCEPT THESE TERMS, LIFTMASTER IS UNWILLING TO PERMIT YOU TO ACCESS OR USE THE myQ SYSTEM AND LIFTMASTER IS UNWILLING TO GRANT YOU A LICENSE HERUNDER. IN THAT CASE, YOU:

A. ARE NOT PERMITTED TO INSTALL, COPY, DOWNLOAD OR OTHERWISE USE THE MyQ SYSTEM (OR ANY PORTION THEREOF); AND

B. MUST IMMEDIATELY STOP USING OR ACCESSING THE myQ SYSTEM, AND DELETE ALL RELATED MOBILE APPS, DEVICE CODE AND OTHER SOFTWARE OR MATERIALS MADE AVAILABLE TO YOU.

If you do not accept these Terms, you may return any new, unused, and uninstalled MyQ-compatible device to the authorized LiftMaster retailer from which you purchased such device for a refund of the purchase price you paid.

To qualify for a refund, you must (i) return the device within the time period required by the LiftMaster retailer (but no later than ninety (90) days after the date of your purchase), (ii) include the original receipt (or a valid copy) and all packaging, documentation and other accompanying items, and (iii) meet all requirements of the LiftMaster retailer’s return policy.

If, and only if, the LiftMaster retailer from which you purchased the Device does not accept product returns under any circumstances, you may contact LiftMaster Customer Service at 800-528-5880 (US) or 0049 6838 907 172 (DE). In such circumstances, LiftMaster may, but will not be obligated to, accept the return of, and issue a refund for, such Device.

Part II

Your Representations And Warranties

4. YOU REPRESENT AND WARRANT THAT YOU ARE

A. 18 YEARS OF AGE OR OLDER,

B. AUTHORIZED TO ENTER INTO THESE TERMS,

C. AUTHORIZED TO ACCESS OR OPERATE THE GARAGE DOOR OPENER(S), LIGHTS OR OTHER PRODUCTS THAT YOU REMOTELY ACCESS THROUGH THE myQ SYSTEM, AND

D. AGREEING TO BE BOUND BY THESE TERMS AND THAT YOU HAVE READ AND UNDERSTOOD THEM.

LiftMaster is entitled to rely on your representations, including without limitation the representation that you are authorized to use the myQ System to access or operate a device. Breaches of your warranty are subject to indemnification under Section 21.

5. Electronic Signature and Consent:

A. In accepting these Terms (by, for example, clicking on the “Agree” button), you consent to use electronic communications, electronic records, and electronic signatures (collectively, “Documentation”) rather than paper documents for all purposes in connection with your use of the myQ System. You agree your electronic signature is the legal equivalent of, and is as valid as, your handwritten signature.

1. You can receive a paper copy of all Documentation (free of charge) by calling LiftMaster at 1 (800) 528-9131.

2. To receive Documentation electronically, you need a working email address, PDF software, and a computer or other access device that can access the Internet using a web browser capable of supporting 128-bit, SSL encrypted communications (such as Internet Explorer version 7.0 or higher, Firefox version 3.0 or higher, Chrome 14.0 or higher, or Safari 5.0 or higher).

Part III

License

6. License Granted . Subject to these Terms, LiftMaster grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited license, to use Software and install Mobile Apps solely in connection with your use of a Device (such as a garage door opener) that you are authorized to access and operate (the “ License”).

A. This License does not permit you to access or use the myQ System in connection with any device that you do not own or whose owner has not granted you explicit permission to access or operate.

B. You will be permitted to download and use firmware and software made available by LiftMaster for the myQ System, including certain Mobile Apps. The Mobile Apps may be accessed through https://itunes.apple.com/us/genre/ios/id36?mt=8 and https://play.google.com/store?hl=en or through a different website later designated by LiftMaster (each, a “Site”).

C. You agree that LiftMaster (or, if applicable, its licensors) has and will retain all right, title, interest and ownership in and to each Site and the myQ System and all components thereof (and all modifications, improvements, and derivative works thereof), including any trademarks, copyrights, patents and trade secrets and other intellectual property and proprietary rights with respect thereto or contained therein.

D. LiftMaster and its licensors reserve all rights and licenses not expressly granted to you.

E. Except for the License, no license is granted to you under these Terms, whether by implication, waiver or estoppel.

F. LiftMaster may from time to time make available new Mobile Apps that work with the myQ System. Without limiting any restrictions set forth elsewhere in these Terms, the license granted to you for any Mobile App is a non-transferable license to use the Mobile App on a single mobile device that you own or control.

G. The Mobile Apps and all other Software used in connection with the MyQ System are licensed, not sold, to you for use only under these Terms. These Terms are a license, and do not constitute a contract for the sale or goods or services. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods , the application of which is expressly excluded.

7. License Fees . LiftMaster does not currently charge fees for your access to, or use of, the myQ System (“License Fees”). LiftMaster, however, reserves the right in the future to charge License Fees, including License Fees for (i) new services, (ii) new apps, or (iii) your continued access to and use of the [enhanced??] myQ System. Moreover, third parties whose products or services are compatible with myQ may choose to independently impose a fee, for which you will be solely responsible.

A. LiftMaster License Fees (if any) will be set at the time you are offered the opportunity to procure such services or apps or to continue to use or access the myQ System.

B. In its sole discretion, LiftMaster may offer you a free trial period before the License Fee becomes effective.

C. In the event a License Fee is established, you must enter into a subscription agreement (a “Subscription Agreement”) and pay LiftMaster (or its designee) the applicable License Fees. If you do not enter into such Subscription Agreement, if you fail to pay the License Fees or if LiftMaster elects, for any reason, not to enter into a Subscription Agreement with you, then the License and your ability to access the MyQ System will automatically terminate at a time determined by LiftMaster in its sole discretion.

D . If your License has expired or terminated and you desire to reactivate the License and your access to the myQ System, you may request LiftMaster to reactivate the License and such access, provided that you first pay to LiftMaster the then-current License Fees (as specified by LiftMaster from time to time) for reinstatement of the License and such access. LiftMaster may reject such request for any or no reason at its sole discretion.

E . In all instances, you will pay and be responsible for paying any and all sales, use, excise, personal property or other taxes of similar nature levied upon License Fees or your access to or use of the myQ System (collectively, “Taxes”).

F. If full payment of any License Fees is not received by LiftMaster when due or if you do not strictly comply with these Terms, LiftMaster may, at its sole discretion, suspend or terminate the License and deactivate the Password (defined below) and your access to and use of the myQ System, (a “Suspension”), without any cure period or any notice to you.

8. Suspension: If you do not access or use the myQ System for 180 days or more (or such other time period as may be specified by LiftMaster from time to time), LiftMaster reserves the right to implement a Suspension of your License, account and access to and use of the myQ System without any notice to you.

A. You may request LiftMaster to end such Suspension by contacting LiftMaster through the Contact Us section below or through your Mobile App and, if required by LiftMaster, paying the applicable License Fees specified by LiftMaster.

9. Use of myQ System; Disclaimers . The myQ System is designed to allow users to remotely activate garage doors or other barrier operators, lights and/or household appliances that are connected to the myQ System and to obtain information on the status and usage of and remotely monitor such items (e.g., garage door currently closed; garage door opened for 1 hour). More information about supported functionality and capabilities of the myQ System is available at www.liftmaster.com.

IMPORTANT WARNING: TO REDUCE THE RISK OF SERIOUS INJURY OR DEATH, YOU MUST NEVER PERMIT CHILDREN TO ACCESS, USE, OPERATE OR PLAY WITH THE WEB INTERFACES, MOBILE APPS OR OTHER PARTS OF THE myQ SYSTEM, OR ANY CONTROLS THEREOF, AND YOU MUST NEVER USE ANY OPERATOR OR LIGHT CONTROLS OF THE WEB INTERFACES, MOBILE APPS OR OTHER PARTS OF THE myQ SYSTEM WHILE DRIVING.

You acknowledge and agree as follows:

A. The myQ System is NOT an “alarm” or security system, and is not intended to function or be used as such. LiftMaster does not provide central station or other monitoring of the myQ System or any items connected to the MyQ System; such monitoring is solely your responsibility. The myQ System does NOT provide fire, heat, smoke, carbon monoxide, burglar, motion sensor, or other alarm or detection capabilities and must not be used as a substitute for appropriate home safety detectors or equipment or other items required by applicable laws or building codes.

B. You are solely responsible for ensuring that all equipment connected to the myQ System is correctly and safely installed and maintained in proper working order. LiftMaster will have no responsibility or liability whatsoever for any failure or malfunction of any garage door opener or other product or device connected to or activated by the myQ System, including the Device hardware (e.g., OEM garage door openers, lamps, etc.).

C. You are solely responsible for providing internet connectivity and electric power needed to operate the myQ System. LiftMaster will have no responsibility or liability for interruptions of electric power or internet connectivity, whether localized to you or LiftMaster or applicable to the myQ System as a whole.

D. The myQ System may automatically download and install in or on the MyQ System certain updates for the Web Interfaces, Mobile Apps, Device Code or other Software of the myQ System, and you hereby consent to such downloading and installation without any separate notice thereof from LiftMaster. You also agree to receive and install such downloads.

E. If you or LiftMaster terminates the License or if you allow the License to expire or be subject to Suspension, your data (including any of your data stored on or in connection with the myQ System) may not be preserved.

F. LiftMaster may change the myQ System at any time without providing you notice and without having any liability to you or any other person or entity. LiftMaster may post descriptions of changes to the myQ System on a Site. If you do not agree with any such changes, your sole and exclusive remedy is to not use the myQ System. Your continued use of the myQ System indicates your acceptance of, and agreement to, such changes.

G. You understand that any Software or Devices connected to the internet are subject to inherent risks common to the internet, such as hackers, viruses, and other harmful code and bad actors. LiftMaster will have no responsibility or liability for wrongful acts or conduct of any third party committed through use of the internet that may affect you or the MyQ System. You agree that no data transmitted over the LiftMaster networks, the internet, or through wireless means is or can be guaranteed to be secure. LiftMaster does not guarantee that data submitted or transmitted to LiftMaster will be free from unauthorized disclosure, access, misappropriation or intrusion.

H. Because your Device communicates with LiftMaster by transmitting information through wireless means and over the internet, the availability of the myQ System cannot be guaranteed and is also subject to other limitations as may be specified by LiftMaster from time to time, including the following restrictions: (a) your Device must be registered with LiftMaster through the applicable Site, and the myQ System must be connected to your registered Device; and (b) the myQ System may not be available when the internet or your wireless connection or your mobile connection is not working properly.

Part IV

Third Party Services and Devices.

10. Use Of Third Party Devices: If you choose to use the myQ System with any service or device from anyone other than LiftMaster (a “Third Party Supplier”), you acknowledge and agree that:

A. You authorize LiftMaster to (i) perform the actions and (ii) share the information or requests provided to or received by LiftMaster in connection with your use of or access to any third party service or device in connection with the myQ System. For example, if you use the myQ System in connection with a voice-enabled command system such as Amazon’s Alexa, you authorize Amazon and LiftMaster (without the need for further permission from you) to exchange any and all information (including credentials) deemed necessary or appropriate by LiftMaster for the execution of voice commands provided through Alexa.

B. Any communication in connection with the myQ System, whether to or from a third party device or software system that you use shall be deemed a communication authorized by you. You agree that LiftMaster may provide such third parties with information regarding your myQ System. Without limitation, this includes information such as status of the garage door (open or closed).

D. You agree that LiftMaster may monitor all interactions (including commands) between you and any Third Party Supplier in connection with your use of the myQ System.

E. LiftMaster reserves the right in its absolute discretion to (i) decline to communicate with or (ii) stop communicating with any site (or group of sites), system or device offered by any third party. Without limitation, this means that LiftMaster may decline to make, or cease making, the MyQ System compatible with the services or devices of any Third Party Supplier. While LiftMaster reserves the right to make any and all decisions regarding communications or compatibility with Third Party Suppliers without notice, it will attempt to provide advance notice if there is no perceived imminent threat to the myQ System.

F. Use of any device or service offered by Third Party Suppliers in connection with the myQ System is subject to both these Terms and the terms and conditions of such Third Party Supplier.

G . The myQ System may be used with products or services from Third Party Suppliers that LiftMaster did not provide, develop or manufacture. LiftMaster has no responsibility or liability (i) for such products or services; (ii) the integration with such products or services; or (iii) any problems, injuries, losses, or damages caused by or attributable to such products or services.

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Part V

Limited Warranty

11. Limited Warranty; Disclaimer.

A. The sole warranty provided by LiftMaster with respect to the myQ System, and other Materials (defined below) is a limited warranty, only during the period when the License remains in effect and has not been suspended or terminated, to use commercially reasonable efforts to correct or bypass a material defect in the myQ System, as determined solely by LiftMaster based on LiftMaster’s then-current published specifications for the myQ System, subject to these Terms (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted these Terms and remain bound by these Terms. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and LiftMaster will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by LiftMaster (including use of any Device with an improper voltage supply); (ii) problems relating to or residing in non-LiftMaster hardware, software or other items with which the myQ System are used; (iii) use in an environment, in a manner or for a purpose for which the myQ System were not designed or not in accordance with LiftMaster’s published documentation; and (iv) installation, modification, alteration or repair by anyone other than LiftMaster or its authorized representatives.

B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE LIMITED WARRANTY WITH RESPECT TO THE myQ SYSTEM, ALL OF THE myQ SYSTEM, AND THE MATERIALS THAT ARE OR MAY BE PROVIDED BY LIFTMASTER OR ITS AFFILIATES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND LIFTMASTER HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, ACCURACY, myQ SYSTEM INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. LIFTMASTER DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT (I) THE OPERATION OF THE myQ SYSTEM, OR ANY WEB INTERFACE, MOBILE APP, DEVICE CODE OR OTHER SOFTWARE, DEVICE, OR PORTION OF THE myQ SYSTEM, IS OR WILL BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU OR (II) ANY DEFECT CAN OR WILL BE CORRECTED OR THAT THE myQ SYSTEM WILL BE AVAILABLE OR USABLE, OR (III) THE FUNCTIONS CONTAINED IN OR TO BE PROVIDED BY THE myQ SYSTEM WILL MEET YOUR REQUIREMENTS OR THE REQUIREMENTS OF ANY STATE OR FEDERAL LAW OR BUILDING CODE, INSURANCE REQUIREMENTS, OR SIMILAR REGULATIONS. EXCEPT FOR THE LIMITED WARRANTY, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF THE myQ SYSTEM, AND THE MATERIALS SHALL BE WITH YOU. LIFTMASTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE COMPATIBILITY OF THE MyQ SYSTEM WITH ANY THIRD PARTY DEVICE OR SERVICE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE COMPATIBILITY, INTERFACE, OR INTEROPERABILITY OF THE myQ SERVICE WITH ANY SUCH THIRD PARTY DEVICE OR SERVICE. Some states or other jurisdictions do not allow the exclusion of an implied warranty, so the above disclaimers may not apply to you, and you may have other legal rights that vary by jurisdiction. Where applicable, all implied warranties will be limited to the period during which the License remains in effect and has not been terminated or subject to Suspension.

C. LiftMaster is not responsible for any loss of data related to you or provided by you, or for any loss related to downtime associated with the use of the myQ System, whether through power outage, failure of internet or wireless connectivity, network disruptions, or otherwise.

D. LiftMaster from time to time may make announcements about (i) the anticipated release dates of new products or features (either from LiftMaster or a third party), and (ii) the anticipated compatibility of such products or features with the myQ System. You acknowledge and agree that unless such announcement unconditionally and unambiguously states that the announcement is “firm” (using that precise word) the announcement is merely a good faith prediction, is not a warranty or representation, and cannot form a basis for a claim that you relied on such statement with regard to such predicted release date or compatibility.

12. Restrictions on Use . You are not permitted to, and will not, use the myQ System, with any equipment for which it is not designed (as determined in LiftMaster’s sole discretion) or that is not properly installed and in good operating condition. You will not (a) use, or cause or permit any other person or entity to use, the myQ System or portion of the myQ System or any materials or other items made available by LiftMaster or its affiliates (collectively, the “Materials”) to design, build, market, or sell any similar or substitute product or service, or (b) cause, perform, or permit (i) the copying, decompilation, disassembly, or other reverse engineering of the myQ System, or any other Materials, (ii) the transferring or purported resale, licensing or sublicensing of the MyQ System, or any other Materials, or (iii) the removal, delivery, or exportation of myQ System, or any other Materials or any other act in violation of any relevant export laws or regulations. You will use the MyQ System for your own personal purposes only, and not for rent or for hire.

You will: (a) accurately furnish all contact and other information requested by LiftMaster and notify LiftMaster immediately of any change in such information, including a change in ownership of any Device or any residence at which a Device is installed; (b) properly maintain your Device; (c) not use the myQ System in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (d) not use the MyQ System in any manner other than as intended by LiftMaster and expressly permitted by these Terms; (e) not use the myQ System, in any manner that could harm LiftMaster, its service providers, its affiliates, or any other person; and (f) strictly comply with these Terms and any other requirements or restrictions requested or imposed by LiftMaster from time to time.

Part VII

Sale Of Devices

13. Sale or Transfer of Device and Other Users of Your Device . If you sell or transfer your Device to another person, or you allow another person to use your Device, you will immediately notify such person that the Device is connected to the myQ System and is subject to these Terms. You will also inform such person of LiftMaster’s U.S. Privacy Statement https://www.myliftmaster.com/assets/docs/LiftMasterPrivacyStatement.pdf.

In addition, if you sell or transfer your Device to another person, you will immediately (i) notify LiftMaster of the change in ownership of your Device by contacting LiftMaster Customer Service at 800-528-5880 (US) or 0049 6838 907 172 (DE) to release the Device from your account, and (ii) notify such person that (A) he or she must separately register the Device with LiftMaster through a Site after you have released the Device from your account with LiftMaster, and agree to these Terms prior to any access to or use of the myQ System, and (B) such access to and use of the myQ System are expressly conditioned upon his or her agreement to these Terms, and (C) he or she must pay to LiftMaster all applicable License Fees (as may be required by LiftMaster from time to time). LiftMaster reserves the right to charge a License Fee for any such sale or transfer of any Device.

Part VIII

Operation And Security

14. Operational Information . You will regularly review and are responsible for regularly reviewing the instructions, FAQ and user information available at www.myliftmaster.com and ensuring that every authorized user understands how to properly operate the myQ System, the Site and any Mobile Apps.

15. Password and Your Security Obligations.

A. Upon registering for the myQ System through a Site, you will be required to select a unique user ID (“ID”) and password (“ Password”) to access the myQ System through the Site or a Mobile App. You will select the initial Password. If you lose your Password, you may request LiftMaster to issue to you a randomly generated replacement Password. Upon receipt of such replacement Password, you will immediately access the myQ System to change such Password to a new Password selected by you. You are encouraged to change your Password regularly and to select a strong password (i.e., 12+ characters and a combination of upper and lower case, symbols (e.g., !@#$%), and numbers). You are responsible for requesting LiftMaster to issue to you a new Password if needed for any reason. Repeated incorrect attempts to log-on may result in deactivation of your Password, in which event you will need to request LiftMaster to issue to you a new Password. In the event of a security breach of your password, you will provide such assistance to LiftMaster as may be requested by LiftMaster in the investigation of any unauthorized use and any enforcement proceedings in connection therewith.

B. You acknowledge and agree that only one (1) user log-in account for the MyQ System is available for each Device. If you choose to permit others to use your ID for the myQ System, you will ensure that such other users comply with these Terms and use your e-mail address and Password to log-in to the myQ System. You will be solely responsible for taking all steps as are necessary or prudent to safeguard your Password. You will be responsible and liable for any use of the myQ System by any person to whom you make your ID or Password available or to whom you otherwise make available any portion of the myQ System, as well as for all acts and omissions of others who use your ID (including any person to whom you sell or transfer any Device), whether or not such person’s use of your account or Password was authorized by you.

C. You acknowledge and agree that the myQ System has multiple security setting options. The myQ System’s default setting, and LiftMaster’s recommendation, is the highest security level setting available on the myQ System. However, you have the option to set the myQ System to a lower level of security if you so choose. LiftMaster will have no liability for any unauthorized access to or use of the myQ System, including as a result of your choice of security level settings.

D. You agree that LiftMaster may, in LiftMaster’s sole discretion, treat as you (or as an authorized user on your account) any person who presents your ID and Password or any other credentials that LiftMaster deems sufficient for account access, and LiftMaster will be entitled to disclose to such person your account information and permit such person to make changes in the myQ System. Likewise, LiftMaster’s or your termination or suspension of your account shall apply equally to any person who presents your ID and Password or other credentials.

E. LiftMaster may, from time to time, identify vulnerabilities or other bugs in the myQ System for which we offer a patch or update. You agree to promptly implement and install such patch or update as soon as such patch or update is made available.

G. You agree to not reverse engineer, perform penetration testing, or otherwise attempt to identify vulnerabilities in the myQ System without our prior written approval. Please contact us at support@chamberlain.com to arrange a discussion of your desire to perform any such testing. Your email should provide your contact information and the purposes for such testing. If we do not respond, we will be deemed to have rejected your request.

16. Mobile Apps . LiftMaster may make available Mobile Apps that permit the myQ System to be accessed and operated through smart phones or other mobile devices. Without limiting any restrictions set forth elsewhere in these Terms, the License granted to you for any Mobile App is limited to a non-transferable License to use the Mobile App on any mobile device that you own or control.

A. The Mobile Apps are licensed, not sold, to you for use only under these Terms. This license does not allow you to use the Mobile Apps on any mobile device that you do not own or control, and you may not distribute or make the Mobile Apps available over a network, or where it could be used by multiple devices at the same time. Without limiting any of the other restrictions set forth in these Terms, you may not rent, lease, lend, sell, redistribute or sublicense the Mobile Apps, and you will not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any Mobile Apps, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with any Mobile Apps). Any attempt to do so is a violation of the rights of LiftMaster and its licensors. If you breach this restriction or any other terms or conditions of this License, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by LiftMaster that replace and/or supplement the original Mobile App, unless such upgrade is accompanied by a separate license designated by LiftMaster, in which case the terms of that separate license will govern. LiftMaster does not guarantee that the Mobile Apps will be available for, or function in connection with, all smart phones or other mobile devices. The additional content and services associated with a Mobile App may also change at any time in LiftMaster’s sole discretion. In order to use such Mobile Apps, you must also purchase an appropriate data plan from your wireless carrier, in addition to paying the applicable License Fees. LiftMaster is not responsible for overages or for actions that your wireless carrier may take against you for using data in violation of your wireless carrier’s service terms.

17. Additional Provisions for Mobile Apps . Mobile Apps may contain open source software and/or other modules or code provided by third parties. The terms of Exhibit B attached hereto (and incorporated herein by this reference) form part of these Terms and govern your use of Mobile Apps. For Mobile Apps that you download from the iTunes® Store for use with your Apple Inc. (“Apple”) mobile device (“Apple Mobile Apps”):

A. You agree to the iTunes Store Terms of Service and you will only use the Apple Mobile Apps solely as permitted by the Usage Rules set forth in the Apple App Store Terms of Service (the “ Usage Rules”), which you acknowledge you have had the opportunity to review; provided, however, that if these Terms include more restrictive terms than the Usage Rules, then such more restrictive terms will supersede the conflicting terms in the Usage Rules.

B. You acknowledge that these Terms are concluded between you and LiftMaster only, and not with Apple, and that LiftMaster, not Apple, is solely responsible for the Apple Mobile Apps and the content thereof.

C. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Mobile App.

D. In the event of any failure of any Apple Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price (if any) for the Apple Mobile App and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be LiftMaster’s sole responsibility (subject to the qualifications, disclaimers and limitations set forth in these Terms).

E. You acknowledge that (i) in the event of any third party claim that the Apple Mobile App or your possession and use of the Apple Mobile App infringes that third party’s intellectual property rights, LiftMaster, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, and (ii) LiftMaster, not Apple, is responsible for addressing any of your claims or those of any third party relating to the Apple Mobile App or your possession and use of the Apple Mobile App, including (A) product liability claims, (B) any claim that the Apple Mobile App fails to conform to any applicable legal or regulatory requirement, and (C) claims arising under consumer protection or similar legislation, in each instance, subject to the qualifications, disclaimers and limitations set forth in these Terms (which will not be construed in a manner that would limit LiftMaster’s liability beyond the extent permitted by applicable law).

F. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third party beneficiary thereof.

Part IX

Third Party Services And Devices

18. "Third Party Service" means any service or application provided by any entity other than LiftMaster that is designed for use with the myQ System. A Third Party Product is any product manufactured by any entity other than LiftMaster that is designed for use with the myQ System.

A. If you use a Third Party Service or Product, you agree that LiftMaster may exchange information with that Third Party, such as (but not limited to) the status of your garage door, lights and any other matter as to which the myQ System collects data. You also agree that such Third Party may share similar kinds of information with LiftMaster, including, for example, voice-activated instructions that are intended to operate a device compatible with the myQ System.

B. Your use of any Third Party Service or Product s subject to this Agreement as well as the terms and conditions established by that Third Party for their Third Party Service. If you do not accept the Third Party terms applicable to a Third Party Service, do not use that Third Party Service.

C. When using a Third Party Service, you are solely responsible for any information you provide to the third party.

D. LiftMaster has no responsibility or liability for the performance, non-performance, functionality, or compatibility of any Third Party Services or Third Party Products.

E. Any entity that offers Third Party Services or Products compatible with the myQ System may at any time change or discontinue the functionality or features of their Third Party Service or Product or render such Third Party Service or Product incompatible with MyQ.

F. LiftMaster has no responsibility or liability for the performance, non-performance, functionality, or compatibility of any Third Party Services or Products.

Part X

Miscellaneous Terms

19. Idea Submission . If you submit to LiftMaster a comment, idea, recommendation, suggestion or any other material (“Feedback”) related to the Mobile App, Devices or any other component of the myQ System (excluding any illegal content), including through a Site or a Mobile App, you irrevocably assign to LiftMaster, without further consideration, all of your right, title and interest in and to such Feedback, and all intellectual property rights related thereto, throughout the world. You agree that LiftMaster will be entitled to use and implement, and to authorize others to use and implement, such Feedback without restriction and without any obligation of confidentiality, attribution or compensation to you. To the extent that the foregoing is deemed ineffective, you will and hereby do grant to LiftMaster (and its successors and assigns) a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, paid-up right and license, with the right to grant sublicenses to others, through multiple levels, to use, sell, offer for sale, make or have made, display, perform, reproduce, modify and create derivative works, import, export, and distribute and otherwise freely exploit the Feedback, in whole or in part, in any and all media, whether alone or together or as part of any material of any kind or nature. Without limiting any of the foregoing, LiftMaster will have the right to use, copy, display, perform, distribute, modify and re-format Feedback in any manner that LiftMaster may determine. By submitting Feedback, you represent and warrant to LiftMaster that (i) you have all necessary rights in and to such Feedback to do so and to provide the foregoing assignments and grants, (ii) none of the Feedback (or the information contained therein) infringes, misappropriates or violates any proprietary, intellectual property or other rights of any other person or entity, or contains any libelous, tortious, or otherwise illegal content.

20. Termination .

A. You may terminate the License and your use of the myQ System without cause at any time, and LiftMaster may suspend or terminate the License and your use of the myQ System without cause at any time; however, no refund of License Fees, if any, will be issued to you in connection with any termination.

B. LiftMaster may also terminate your access to and use of the myQ System (as well as the access and use of any person or persons associated with your account) at any time if you fail to pay License Fees or if LiftMaster, in its sole discretion, determines that you have failed to strictly comply with these Terms. Termination will not relieve you of any obligation to pay License Fees or other obligations accrued prior to the effective date of termination.

C. LiftMaster reserves the right to modify or discontinue the myQ Service at any time. You agree LiftMaster may do so without liability.

21. Indemnity and Release; Limitation of Liability.

A. You will, at your sole cost, indemnify, defend and hold LiftMaster, its affiliates, and its and their respective distributors, dealers, resellers, providers, suppliers, licensors, officers, directors, employees, agents, independent contractors and representatives (collectively, the “ LiftMaster Indemnified Parties”) harmless from and against any and all losses, fines, settlements, fees, costs, damages, and expenses (including attorneys’ fees and costs and expenses of investigation) arising or resulting in any manner from your breach of or other failure to strictly comply with these Terms or from any access to or use of (or the inability to access or use) the myQ System, or any portion thereof. YOU HEREBY RELEASE AND WILL RELEASE LIFTMASTER AND THE OTHER LIFTMASTER INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE myQ SYSTEM, INCLUDING CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE myQ SYSTEM, EVEN IF CAUSED BY THE FAULT OR NEGLIGENCE OF LIFTMASTER OR ANY OTHER LIFTMASTER INDEMNIFIED PARTY, OR THE MALFUNCTION OF THE myQ SYSTEM.

B. LiftMaster is not assuming responsibility or liability for any losses or damages (including any direct, indirect, special, reliance, incidental or exemplary damages and consequential damages or loss of anticipated profits, attorneys fees or economic loss), irrespective of the cause, that may occur even if due to LiftMaster’s negligent performance or failure to perform any obligation under these Terms or any other basis. In the event of any breach of these Terms by LiftMaster, your sole and exclusive remedy, and LiftMaster’s sole and exclusive obligation, will be the refund the applicable License Fee (if any) paid by you for the portion of myQ System that is the subject of such breach by LiftMaster.

C. In the event that, notwithstanding these Terms, LiftMaster is held to be liable to you, or any invitees, agents, employees or other person or entity, regardless of the legal theory asserted, whether arising out of contract, extra-contractually or in tort (including actions based on negligence, gross negligence, strict liability, and willful and/or intentional conduct), warranty, indemnity, or other theory of liability and whether related to the design, performance, use, defect or failure of a product or service, then to the maximum extent permitted by applicable law, the limitation of LiftMaster’s liability for any and all harm, damages, injury or loss will not exceed, in the aggregate, the greater of $100 or the amount of License Fees (if any) actually paid by you to LiftMaster during the twelve (12) month period preceding the last event giving rise to such liability. YOU HEREBY RELEASE AND WILL RELEASE LIFTMASTER AND THE OTHER LIFTMASTER INDEMNIFIED PARTIES FROM, AND WAIVE ALL CLAIMS FOR DAMAGES EXCEEDING THE LIMITS SET FORTH HEREIN FOR ALL HARM, DAMAGES, INJURY OR LOSS INCURRED, INCLUDING ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, COLLATERAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES (INCLUDING BUSINESS INTERRUPTION OR LOSS OF DATA (DIRECT OR INDIRECT), GOODWILL, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, ATTORNEYS FEES, REPUTATION, REVENUE, OR PROFITS), EVEN IF FORESEEABLE OR THEY WERE ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, AND WILLFUL AND/OR INTENTIONAL CONDUCT), WARRANTY, INDEMNITY, OR OTHER THEORY OF LIABILITY. This limitation is a material inducement for LiftMaster to furnish the myQ System to you. Some states or other jurisdictions do not allow limitations of liability, so the above limitations may not apply to you, and you may have other legal rights that vary by jurisdiction .

D. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NO LAWSUIT OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THESE TERMS, OR THE myQ SYSTEM WILL BE BROUGHT OR FILED BY YOU MORE THAN ONE (1) YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED.

E. You understand and agree that these Terms, and particularly Sections 9 and 21, will (i) apply to and protect the employees, officers, shareholders, parent companies, directors, agents, licensors, representatives, subcontractors, affiliates and assignees of LiftMaster and other LiftMaster Indemnified Parties, and (ii) be binding on your heirs, administrators, custodians, trustees, agents and successors.

F . You understand and acknowledge that (i) the Software and Devices that make up the myQ System are not impenetrable and may be the subject of efforts by others to compromise the security or operation of such MyQ System or to intercept data passing from, to or between components of the myQ System; and (ii) bad actors may attempt to use or hijack your Device(s) and portions of the Software as a part of an Internet of Things botnet or for other harmful or illegal purposes. Should any such acts, a compromise or other incident occur, LiftMaster’s liability will be limited as provided in this Section 21, and LiftMaster will have no responsibility or obligation to investigate, remediate, or remedy such acts, compromise, or incident. LiftMaster will notify you of an incident to the extent required by applicable law.

22. Compliance with Laws . You acknowledge and agree that you remain at all times solely responsible for any access to or use of the myQ System, by or through your ID or Password. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the MyQ System. You agree and acknowledge that it is your responsibility, and not the responsibility of CGI or its licensors, to ensure that you comply with any applicable laws when you use the MyQ System, including but not limited to: (1) any laws or regulations relating to the recording or sharing of video or audio content, (2) any laws or regulations requiring that notice be given to or that consent be obtained from third parties with respect to your use of the MyQ System (for example, laws or regulations requiring you to display appropriate signage advising others that audio/visual recording is taking place), and/or (3) any laws or regulations requiring (a) that installation of the MyQ System which takes visual and/or audio recordings be installed at such an angle that it does not take any recordings beyond the boundary of your property (including public pavements or roads); and (b) that, if you use your property as a workplace, you comply with laws governing the monitoring of employees.

If your use of the MyQ System is prohibited by applicable laws, then you are not authorized to use the MyQ System.

23. Notices . You will address any written notice to LiftMaster to Chamberlain Group, 300 Windsor Drive, Oak Brook, IL 60523 or another address designated in writing by LiftMaster to you. LiftMaster will address any written notice to you to your e-mail address provided when activating the myQ System; you hereby consent to receive all notices and other communications relating to the myQ System, so long as you use the myQ System and for a period of up to 180 days thereafter, at such e-mail address and agree that you are solely responsible for monitoring such e-mail address and updating the e-mail address if necessary.

24. Agreement and Amendment . These Terms are effective upon acceptance by you, supersede all prior agreements relating to the myQ System, any Site and/or the Mobile Apps, and constitute the entire agreement between you and LiftMaster with respect to the subject matter hereof. There are no written or oral understandings that are not fully expressed in these Terms relating to such subject matter.

A. License Fees are subject to change (including the imposition of new License Fees) by LiftMaster on thirty (30) days’ notice to you, which notice will be deemed delivered to you if sent by LiftMaster by electronic mail or by posting on the Site. LiftMaster may update these Terms from time to time and will update the top of this page with the date such changes are made and/or when they become effective, and your continued use of the MyQ System, indicates your agreement to such changes.

25. Enforcement . These Terms will be governed by the internal laws of the State of Illinois, without regard to choice-of law principles.

A. You agree that if any Dispute (as defined below) arises hereunder, either you or LiftMaster may demand in writing that the Dispute be arbitrated, in which case you and LiftMaster agree that each party will immediately stay any court proceedings and the plaintiff will submit the Dispute to binding arbitration by a single arbitrator under the “Supplementary Procedures for Consumer-Related Disputes” of the American Arbitration Association then in effect, in Chicago, Illinois. (More information about the AAA can be found at www.adr.org.) If for any reason the AAA cannot hear the Dispute, you agree to proceed before any mutually-agreed arbitrator or, if unable to agree, before an arbitrator appointed by the Circuit Court of Cook County, Illinois. Each party will be entitled to one substitution of arbitrator, without cause, as a matter of right. For any Dispute (or part of a Dispute) that is not subject to arbitration, YOU AGREE THAT ANY CLAIM WILL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION relating in any way to a Dispute, WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY and agree to have such matter tried by a court without a jury.

B. Each party will continue to have the following rights: 1) right to file for bankruptcy in court; 2) right to take legal action to enforce the arbitrator’s decision; and 3) right to request that a court of law review whether the arbitrator exceeded its authority.

C. A “Dispute” is any controversy or claim that relates in any way to the MQ System, the Site, any Web Interface, Device, Device Code or Mobile App or otherwise relates to these Terms, and/or any question regarding whether a matter is subject to arbitration under these provisions, including but not limited to claims related to the California Consumer Privacy Act. The arbitrator’s award will be final and binding on all parties to the arbitration. Either party may enter judgment on the award in any court. If LiftMaster is required to enforce these Terms in court, LiftMaster will be entitled to its attorneys’ fees and costs incurred in doing so. Nothing in these Terms will give the arbitrator any authority, power, or right to alter, change, amend, modify, add to, or subtract from the provisions of these Terms. The parties agree that this provision will be governed by the Federal Arbitration Act, 9 USC §1 et seq. The words “include,” “includes” and “including” will be deemed to be followed by the phrase “without limitation”. With respect to any judicial action taken, the parties hereby agree to submit to the exclusive personal jurisdiction of state and federal courts situated in Cook County, Illinois.

26. Severability . If any provision of these Terms or the application of any such provision to any person, entity or circumstance shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms, which will remain in full force and effect, and will be binding upon the parties hereto and their respective heirs, executors, representatives, employees, affiliates, successors, and assigns. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Terms will be upheld and applied to the maximum extent permitted by law.

27. Contact Us . Any questions, complaints or claims regarding these Terms or the MyQ System (including any Mobile App) should be directed to LiftMaster at the Contact Us section of www.LiftMaster.com or 800-528-5880 (US) or 0049 6838 907 172 (DE).

28. Language . These Terms may be provided in a language other than English as a convenience to you. Notwithstanding the existence of non-English language versions of this Agreement, you agree that the English language version is the only official version and in the event of a conflict between the English version and a version in any other language, the English version governs. LiftMaster® is a registered trademark of The Chamberlain Group. Apple® and iTunes® are registered trademarks of Apple Inc. All other trademarks are the property of their respective owners.

###

EXHIBIT A

The myQ System includes:

(A) the web-based and mobile web user interfaces of the myQ Systemthat may be made available by LiftMaster or its affiliates from time to time (“Web Interfaces”),

(B) the mobile device applications that may be made available by LiftMaster or its affiliates from time to time for use in connection with other components of the myQ System (“Mobile Apps”),

(C) the firmware, software and functionality that is embedded or contained in, or that may otherwise be provided or accessible by, (1) a LiftMaster device accessing the Internet through an Ethernet connection to a router (“Gateway”), (2) a LiftMaster Wi-Fi hub device accessing the Internet through a Wi-Fi connection to a router (“Hub”), or (3) any other LiftMaster-approved interface device (each of (1)-(3), a “Device”; such firmware, software and functionality, “Device Code”) for use in connection with your garage door opener or other product that is supported by the LiftMaster Gateway and Hub (collectively, the “MyQ System”);

(D) the cloud based environment hosted by or for LiftMaster in connection with your use of the Devices, to the extent intended to be accessible by the Mobile Apps (the myQ Cloud”).

The myQ System includes (i) all Web Interfaces, Mobile Apps, and Device Code components described above, (ii) the myQ Cloud, and (iii) any other code, software, apps, or programs made available to you by LiftMaster or its affiliates in connection with the Devices ((i), (ii), and (iii), collectively and individually, are “Software”). The myQ System further includes the Devices described above and all other hardware used by LiftMaster or its service providers in connection with providing the MyQ System.


EXHIBIT B

ARE ALL OF THESE CURRENT

1. ASIHTTPRequest. Copyright (c) 2007-2011, All-Seeing Interactive. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

· Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

· Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

· Neither the name of the All-Seeing Interactive nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY All-Seeing Interactive “AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT WILL All-Seeing Interactive BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

A different license may apply to other software included in this package, including GHUnit and Andrew Donoho’s Reachability class. Please consult their respective headers for the terms of their individual licenses.

2. JSONFramework.

Copyright (C) 2007-2010 Stig Brautaset. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

· Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

· Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

· Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT WILL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

3. Reachability 2.0.4ddg.

Significant additions made by Andrew W. Donoho, August 11, 2009. This is a derived work of Apple Inc.’s Reachability v2.0 class.

The below license is the new BSD license with the OSI recommended personalizations. See http://www.opensource.org/licenses/bsdlicense.php>

4. Extensions

Copyright (C) 2009 Donoho Design Group, LLC. All Rights Reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

· Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

· Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

· Neither the name of Andrew W. Donoho nor Donoho Design Group, L.L.C. may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY DONOHO DESIGN GROUP, L.L.C. “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT WILL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

5. Apple’s Original License on Reachability v2.0.

Disclaimer: IMPORTANT: This Apple software is supplied to you by Apple Inc. (“Apple”) in consideration of your agreement to the following terms, and your use, installation, modification or redistribution of this Apple software constitutes acceptance of these terms. If you do not agree with these terms, please do not use, install, modify or redistribute this Apple software. In consideration of your agreement to abide by the following terms, and subject to these terms, Apple grants you a personal, non-exclusive license, under Apple’s copyrights in this original Apple software (the “Apple Software”), to use, reproduce, modify and redistribute the Apple Software, with or without modifications, in source and/or binary forms; provided that if you redistribute the Apple Software in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the Apple Software.

Neither the name, trademarks, service marks or logos of Apple Inc. may be used to endorse or promote products derived from the Apple Software without specific prior written permission from Apple. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Apple herein, including any patent rights that may be infringed by your derivative works or by other works in which the Apple Software may be incorporated.

The Apple Software is provided by Apple on an “AS IS” basis. APPLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS. IN NO EVENT WILL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Copyright (C) 2009 Apple Inc. All Rights Reserved.

EXHIBIT B

1. Red Hat Incorporated

Copyright (c) 1994-2009 Red Hat, Inc. All rights reserved. T

his copyrighted material is made available to anyone wishing to use, modify, copy, or redistribute it subject to the terms and conditions of the BSD License. This program is distributed in the hope that its will be useful, but WITHOUT ANY WARRANTY expressed or implied, including the implied warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of this license is available at http://www.opensource.org/licenses. Any Red Hat trademarks that are incorporated in the source code or documentation are not subject to the BSD License and may only be used or replicated with the express permission of Red Hat, Inc.

2. University of California, Berkeley

Copyright (c) 1981-2000 The Regents of the University of California. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

· Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

· Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

· Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

3. David M. Gay (AT&T 1991, Lucent 1998)

The author of this software is David M. Gay.

Copyright (c) 1991 by AT&T.

Permission to use, copy, modify, and distribute this software for any purpose without fee is hereby granted, provided that this entire notice is included in all copies of any software which is or includes a copy or modification of this software and in all copies of the supporting documentation for such software. THIS SOFTWARE IS BEING PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. IN PARTICULAR, NEITHER THE AUTHOR NOR AT&T MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE MERCHANTABILITY OF THIS SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

_____________________________

The author of this software is David M. Gay.

Copyright (C) 1998-2001 by Lucent Technologies

All Rights Reserved

Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.

LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

4. Advanced Micro Devices

Copyright 1989, 1990 Advanced Micro Devices, Inc.

This software is the property of Advanced Micro Devices, Inc (AMD) which specifically grants the user the right to modify, use and distribute this software provided this notice is not removed or altered. All other rights are reserved by AMD.

AMD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THIS SOFTWARE. IN NO EVENT SHALL AMD BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING FROM THE FURNISHING, PERFORMANCE, OR USE OF THIS SOFTWARE.

So that all may benefit from your experience, please report any problems or suggestions about this software to the 29K Technical Support Center at 800-29-29-AMD (800-292-9263) in the USA, or 0800-89-1131 in the UK, or 0031- 11-1129 in Japan, toll free. The direct dial number is 512-462-4118.

Advanced Micro Devices, Inc.

29K Support Products

Mail Stop 573

5900 E. Ben White Blvd.

Austin, TX 78741

800-292-9263

7. Sun Microsystems

Copyright (C) 1993 by Sun Microsystems, Inc. All rights reserved.

Developed at SunPro, a Sun Microsystems, Inc. business.

Permission to use, copy, modify, and distribute this software is freely granted, provided that this notice is preserved.

8. Hewlett Packard

(c) Copyright 1986 HEWLETT-PACKARD COMPANY

To anyone who acknowledges that this file is provided "AS IS" without any express or implied warranty:

permission to use, copy, modify, and distribute this file for any purpose is hereby granted without fee, provided that the above copyright notice and this notice appears in all copies, and that the name of Hewlett-Packard Company not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.

Hewlett-Packard Company makes no representations about the suitability of this software for any purpose.

9. Hans-Peter Nilsson

Copyright (C) 2001 Hans-Peter Nilsson

Permission to use, copy, modify, and distribute this software is freely granted, provided that the above copyright notice, this notice and the following disclaimer are preserved with no changes.

THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. Stephane Carrez (m68hc11-elf/m68hc12-elf targets only)

Copyright (C) 1999, 2000, 2001, 2002 Stephane Carrez (stcarrez@nerim.fr)

The authors hereby grant permission to use, copy, modify, distribute, and license this software and its documentation for any purpose, provided that existing copyright notices are retained in all copies and that this notice is included verbatim in any distributions. No written agreement, license, or royalty fee is required for any of the authorized uses. Modifications to this software may be copyrighted by their authors and need not follow the licensing terms described here, provided that the new terms are clearly indicated on the first page of each file where they apply.

11. Christopher G. Demetriou

Copyright (c) 2001 Christopher G. Demetriou All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

12. SuperH, Inc.

Copyright 2002 SuperH, Inc. All rights reserved

This software is the property of SuperH, Inc (SuperH) which specifically grants the user the right to modify, use and distribute this software provided this notice is not removed or altered. All other rights are reserved by SuperH.

SUPERH MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THIS SOFTWARE. IN NO EVENT SHALL SUPERH BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING FROM THE FURNISHING, PERFORMANCE, OR USE OF THIS SOFTWARE.

So that all may benefit from your experience, please report any problems or suggestions about this software to the SuperH Support Center via e-mail at softwaresupport@superh.com.

SuperH, Inc.

405 River Oaks Parkway

San Jose CA 95134 USA

13. Royal Institute of Technology

Copyright (c) 1999 Kungliga Tekniska Högskolan (Royal Institute of Technology, Stockholm, Sweden).

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. Neither the name of KTH nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY KTH AND ITS CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL KTH OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

14. Alexey Zelkin

Copyright (c) 2000, 2001 Alexey Zelkin <phantom@FreeBSD.org>

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

15. Andrey A. Chernov

Copyright (C) 1997 by Andrey A. Chernov, Moscow, Russia.

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

16. FreeBSD

Copyright (c) 1997-2002 FreeBSD Project.

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

17. S. L. Moshier

Author: S. L. Moshier.

Copyright (c) 1984,2000 S.L. Moshier

Permission to use, copy, modify, and distribute this software for any purpose without fee is hereby granted, provided that this entire notice is included in all copies of any software which is or includes a copy or modification of this software and in all copies of the supporting documentation for such software.

THIS SOFTWARE IS BEING PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. IN PARTICULAR, THE AUTHOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE MERCHANTABILITY OF THIS SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

18. Citrus Project

Copyright (c)1999 Citrus Project,

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

19. Todd C. Miller

Copyright (c) 1998 Todd C. Miller <Todd.Miller@courtesan.com>

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 20. DJ Delorie (i386) Copyright (C) 1991 DJ Delorie All rights reserved. Redistribution, modification, and use in source and binary forms is permitted provided that the above copyright notice and following paragraph are duplicated in all such forms. This file is distributed WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.

23. Intel (i960)

Copyright (c) 1993 Intel Corporation

Intel hereby grants you permission to copy, modify, and distribute this software and its documentation. Intel grants this permission provided that the above copyright notice appears in all copies and that both the copyright notice and this permission notice appear in supporting documentation. In addition, Intel grants this permission provided that you prominently mark as "not part of the original" any modifications made to this software or documentation, and that the name of Intel Corporation not be used in advertising or publicity pertaining to distribution of the software or the documentation without specific, written prior permission.

Intel Corporation provides this AS IS, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Intel makes no guarantee or representations regarding the use of, or the results of the use of, the software and documentation in terms of correctness, accuracy, reliability, currentness, or otherwise; and you rely on the software, documentation and results solely at your own risk.

IN NO EVENT SHALL INTEL BE LIABLE FOR ANY LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. IN NO EVENT SHALL INTEL'S TOTAL LIABILITY EXCEED THE SUM PAID TO INTEL FOR THE PRODUCT LICENSED HEREUNDER.

26. [SIC- DID WE OMIT SOME LICENSES ACCIDENTALLY ???] Mike Barcroft

Copyright (c) 2001 Mike Barcroft <mike@FreeBSD.org>

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

35. ARM Ltd (arm and thumb variant targets only)

Copyright (c) 2009 ARM Ltd

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. The name of the company may not be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY ARM LTD ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ARM LTD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

37. Texas Instruments Incorporated (tic6x-* targets)

Copyright (c) 1996-2010 Texas Instruments Incorporated http://www.ti.com/

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of Texas Instruments Incorporated nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

38. National Semiconductor (cr16-* and crx-* targets)

Copyright (c) 2004 National Semiconductor Corporation

The authors hereby grant permission to use, copy, modify, distribute, and license this software and its documentation for any purpose, provided that existing copyright notices are retained in all copies and that this notice is included verbatim in any distributions. No written agreement, license, or royalty fee is required for any of the authorized uses. Modifications to this software may be copyrighted by their authors and need not follow the licensing terms described here, provided that the new terms are clearly indicated on the first page of each file where they apply.

39. Adapteva, Inc. (epiphany-* targets)

Copyright (c) 2011, Adapteva, Inc.

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

· Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

· Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

· Neither the name of Adapteva nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.