KINGSTON DIGITAL, INC.

END USER LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY: This End User License Agreement

(''Agreement'') is a legal agreement between you (either an individual or a single entity)
and Kingston Digital, Inc. ("Kingston"). This Agreement relates to the software
accompanying Kingston’s products in any medium, which includes computer software
and may include associated media, printed materials and ''online'' or electronic
documentation (the ''Software''). The Software contains certain software, programs or
code belonging to Kingston, and/or Kingston’s third party licensors (“Licensors”) which
are being provided to you under the terms and conditions of this Agreement, and/or a
separate and distinct license agreement that is included with Kingston’s products and
incorporated herein by reference (“Thirty Party Licenses”). If there is a conflict between
this Agreement and Third Party Licenses with respect to any software, program or code
belonging to the Licensors, the provisions of the applicable Third Party License shall
prevail.

BY CLICKING ON “ACCEPT THE TERMS & CONDITIONS” OR

DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE
SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT AND FURTHER AGREE THAT THE THIRD PARTY LICENSORS
ARE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR
USE THE SOFTWARE.

The Software is protected by copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties. All of the Software is licensed, not sold.
All right and title in and to the Software (including, but not limited to, any images,
photographs, animation, video, audio, music, text and applications incorporated into the
SOFTWARE) is owned by Kingston or one or more of the Licensors. Kingston and its
Licensors reserve all rights that this Agreement does not expressly grant to you. The
Software accompanying the products distributed by Kingston (the “Licensed Product”) is
being provided to you solely for use with the Licensed Product.

1. License Grant.

(a) Grant of License. Subject to the terms and conditions of this Agreement,
you may access, install and use the Software in connection with the use of the Licensed
Product.

(b) Restrictions on Use. The Software is provided to you solely for use with
and to support the Licensed Product. Use of this Software with, or to support, any other
flash disk, flash card, resident flash array or solid state disk of any kind is expressly
prohibited, and constitutes an illegal infringement of patents, copyright and other rights
of Kingston and Licensors in and to the Software.
2. Limitations on Reverse Engineering, Decompilation and Disassembly. You may
not reverse engineer, decompile, reverse compile, adapt or disassemble any of the
Software or any part thereof, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.

3. Non-Circumvention. You are not allowed to circumvent, bypass, modify or defeat

any of the functions or protections of the Software or any mechanisms operatively linked
to the Software.

4. Termination. Without prejudice to any other rights, Kingston may terminate this
Agreement if you fail to comply with the terms and conditions of this Agreement. Also, if
you fail to comply with the terms and conditions of Licensor’s Software, your right under
the Third Party Licenses to use the Software may be terminated. In case of such
termination, you must destroy all copies of the applicable Software and all of its
component parts.

5. Intellectual Property Rights. Title to the Software, and all rights with respect to
the Software not specifically granted under this Agreement, including without limitation
all rights of modification, disassembly and decompilation and all copyright, patent,
trademark, trade secret and other proprietary rights and interests are reserved for
Kingston and Licensors. You may not remove or alter any "read-me" file or copyright
notices in the Software. Certain of the names used in this Agreement and the Software
may constitute trademarks of Kingston or Licensors. You are not authorized to use any
such trademarks and should not remove, alter, cover or deface any such trademarks on
the Software.

6. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, KINGSTON AND LICENSORS PROVIDE
THE SOFTWARE “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR
COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF
NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO
THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT AND MAINTENANCE SERVICES IN RELATION TO THE SOFTWARE
(“SUPPORT SERVICES”). ALSO, THERE IS NO WARRANTY OR CONDITION OF
TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE.
THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE AND SUPPORT SERVICES, IF ANY,
REMAINS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY KINGSTON, A LICENSOR, OR AN AUTHORIZED REPRESENTATIVE
OF KINGSTON OR A LICENSOR SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE
PROVE DEFECTIVE, YOU ALONE (AND NEITHER KINGSTON NOR ANY
LICENSOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.

7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER

DAMAGES. TO THE FULLEST EXTENT ALLOWED BY LAW, KINGSTON ALSO
EXCLUDES FOR ITSELF AND LICENSORS ANY LIABILITY, WHETHER BASED
IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, OR FOR
LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION
OR DATA, OR DOWN-TIME OR USER’S TIME, OR OTHER FINANCIAL LOSS
ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE,
FAILURE OR INTERRUPTION OF THIS SOFTWARE OR SUPPORT SERVICES,
EVEN IF KINGSTON OR LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO
REPLACEMENT, REPAIR OR REFUND OF THE PURCHASE PRICE PAID, AT
KINGSTON’S OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL
NOT BE AFFECTED EVEN IF ANY REMEDY PROVIDED HEREIN SHALL FAIL
OF ITS ESSENTIAL PURPOSE.

8. LIMITATION OF LIABILITY AND REMEDIES. IN ADDITION TO THE

FOREGOING, AND NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT
INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR
GENERAL DAMAGES), THE ENTIRE LIABILITY OF KINGSTON AND
LICENSORS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR
EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO
THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE USE OF
SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

9. WITH REGARDS TO CITIZENS OF COUNTRIES THAT ARE MEMBERS

OF THE EUROPEAN UNION, IF THIS PRODUCT IS PURCHASED BY A
CONSUMER AND NOT IN THE COURSE OF A BUSINESS, THIS WARRANTY
SHALL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. THIS
DISCLAIMER DOES NOT PURPORT TO LIMIT OR EXCLUDE KINGSTON'S
LIABILITY FOR DEATH OR INJURY CAUSED BY ITS NEGLIGENCE OR FOR
FRAUDULENT MISREPRESENTATION.

10. Notice to United States Government End Users. If you are a unit or agency of the
United States Government, the following applies: The Software is provided with
RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to
restrictions as set forth in Subparagraphs (a) through (d) of the Commercial Computer-
Restricted Rights clause at FAR 52.227-19 when applicable, or in Subparagraph 252.227-
7013 (c)(1)(ii) of the Rights in Technical Data and Computer Software at DFARS, and in
similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Kingston
Digital, Inc.

11. Export Restrictions. You agree to comply with all export and reexport restrictions
and regulations (“Export Restrictions”) imposed by the United States or any other
country in which you conduct business. Without limiting the generality of the foregoing,
and regardless of any disclosure made by you to Kingston regarding an ultimate
destination of the Software, you represent and warrant that you understand the U.S. law
currently prohibits the export or reexport, directly or indirectly (including via remote
access) of U.S. origin products and technology to certain proscribed countries (including
Cuba, Iran, Sudan, North Korea and Syria and/or any other country that may become
subject to an embargo by the United States), entities, organizations and individuals,
without prior authorization from the U.S. Government. You will not commit any act or
omission that will result in a breach of any such Export Restrictions. Your breach of this
clause shall constitute cause for immediate termination of this Agreement.

12. High Risk Activities. The Software is not designed, manufactured or intended for
use or resale as on-line control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support machines, or weapons
systems, in which the failure of the Software could lead directly to death, personal injury
or severe physical or environmental damage (“High Risk Activities”). Kingston
specifically disclaims any express or implied warranty of fitness for High Risk Activities.

13. Amendment. Kingston reserves the right to amend any of the terms of this
Agreement at its sole discretion by providing notice in the Company section of
Kingston’s website or by any other legally recognizable form of notice. If you do not
agree to the amendment, you should promptly contact Kingston for instructions. Your
continued use of the Software after the effective date of any such notice shall be deemed
your acceptance of such amendment.

14. Miscellaneous. The laws of the State of California, United States of America,
exclusive of conflict-of-laws provisions, shall govern this Agreement in all respects. Any
dispute between you and Kingston regarding this Agreement will be subject to the
exclusive venue of the state and federal courts in Orange County, California and
Kingston and you expressly consent to and waive all defenses to jurisdiction and venue of
such courts. This Agreement is the entire agreement between us and supersedes any
other communications or advertising with respect to the Software. If any provision of
this Agreement is held invalid, the remainder of this Agreement shall continue in full
force and effect. Kingston’s failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any provision or right.
Kingston and you expressly waive trial by jury with respect to any matters arising
under or relating to this Agreement.

USE OF THE SOFTWARE DESCRIBED HEREIN CONSTITUTES YOUR

AGREEMENT AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS
END USER LICENSE AGREEMENT.
 FUHU, INC.

END USER LICENSE AGREEMENT

IMPORTANT! The urDrive software (the “Software”) you seek to install is licensed only
on the condition that you agree to the terms and conditions set forth below. PLEASE
READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT CAREFULLY.
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE
CLICK ON THE BOX ON THIS PAGE LABELED “ACCEPT THE TERMS &
CONDITIONS,” AT WHICH TIME THE SOFTWARE WILL BE ACTIVATED.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE
CLICK ON THE BOX ON THIS PAGE LABELED “Decline,” WHICH WILL RESULT
IN THE URDRIVE SOFTWARE NOT BEING ACTIVATED OR AVAILABLE FOR
YOUR USE.
The Software that you are about to access was developed by Fuhu, Inc., a California
corporation (“Fuhu”) to provide certain file management and other functionality in
connection with your USB Drive. This End-User License Agreement (this “Agreement”)
sets forth the terms under which you, as an individual (“you”), may use the Software.
Based on the foregoing and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, you and Fuhu agree as follows:
1. NATURE OF AGREEMENT; LINKED SERVICES. This Agreement is a legal
contract made between you and Fuhu. This Agreement contains the terms and conditions
that you must comply with if you wish to access and use the Software. Your use of the
Software may assist you in subscribing for or linking to other Fuhu products or services
or those of its business partners (“Linked Services”). Separate terms and conditions
apply to such Linked Services and you are encouraged to review them carefully prior to
using them. Fuhu is not responsible for Linked Services provided by a third party other
than Fuhu and such third party Linked Services are provided on an “AS IS” “WHERE
IS” basis. Your use of certain functionality of the Software may be subject to other terms
and conditions such as privacy policies and Internet terms of service as required by Fuhu
or by Kingston Digital, Inc. Please review those terms carefully.
2. LICENSE GRANT. Fuhu hereby grants to you a nonexclusive, nonassignable,
nonsublicensable license, for your internal use only, for the term of this Agreement, to
access and use the Software and any user’s guides, specifications, and other related
documentation available online (the “Documentation”), subject to the terms and
conditions of this Agreement.
3. OWNERSHIP OF SOFTWARE. Fuhu retains all rights to the Software and the
Documentation not specifically granted in this Agreement. Fuhu owns the Software and
the Documentation and all copyright and other intellectual property rights therein, and
this Agreement does not transfer to you any title to or any proprietary or intellectual
property rights in or to the Software, any updates or derivative works thereto, or the
Documentation, or any copyrights, patent rights, or trademarks embodied or used in
connection therewith, except for the rights expressly granted in this Agreement. The
Software and the Documentation are protected by United States laws and international
treaty provisions.
YOU MAY NOT USE, COPY, OR MODIFY THE SOFTWARE, IN WHOLE OR IN
PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
4. RESTRICTIONS. To the maximum extent permitted by law, you shall not (a) modify,
reverse engineer, decompile, disassemble, or attempt to derive the source code of the
Software; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer
the Software access to any third party; (c) make any copy of or otherwise reproduce the
Software (or any of the screens comprising the Software user interface) except for those
copies necessarily made by the personal computer and Internet browser that may be
running aspects of the Software; or (4) use the Software to provide service bureau or
time-sharing services.
5. YOUR OBLIGATIONS. You shall be solely responsible for the following: (a)
providing all hardware, software, and communications capabilities required for use of the
Software, including, without limitation, personal computers with an Intel Atom processor
or higher that contain at least 1GB of RAM, 50MB of available hard disk space, 150MB
of available space on USB Flash memory drive, and are equipped with Internet access
and a Java-enabled browser such as Internet Explorer 6 or higher; (b) generating,
providing, and loading your data into the Software; and (c) providing and maintaining, at
all times during the term of this Agreement, the Internet access necessary for your use of
the Software.
6. TERM AND TERMINATION. The license granted in this Agreement is effective until
terminated. The term of this Agreement and the license grant herein shall commence on
the date you agree to this Agreement and activate the Software. This license shall also
terminate automatically on your failure to comply with any of the terms of this
Agreement. On termination of this Agreement, you agree to promptly destroy all printed
copies and delete all electronic copies of any documentation that you have downloaded,
printed, or created relating to the Software, and to ensure that no copies of any of the
Software screens, data, or other content remain archived or otherwise stored on your
computers. Notwithstanding termination, the provisions of Sections 3, 6, 7, 8, 9, and 10
of this Agreement shall survive and continue to apply.
7. CONFIDENTIALITY. You agree that you shall not disclose to any third party the
Software or any portion thereof, any technical, product, or business information, or any
information that Fuhu identifies as confidential (collectively, “Confidential Information”)
related to the Software without the prior written consent of Fuhu. You shall maintain the
confidentiality of all Confidential Information and shall not use it for any purpose other
than the performance of this Agreement.
Notwithstanding the foregoing, Confidential Information does not include information
that you can demonstrate was (a) publicly available at the time of disclosure, or later
became publicly available through no act or omission by you; (b) in your possession
before disclosure by Fuhu; or (c) disclosed to you by a third party not in violation of any
obligations of confidentiality to Fuhu or to any third party.
8. LIMITATION OF LIABILITY. You are not entitled to receive damages or payments
from Fuhu for any cause relating to this Agreement, your use of the Software, any
services provided by Fuhu under this Agreement, or to any Linked Services or other
services provided by any third party in connection with your use of the Software. In
addition, in no event shall you be entitled to obtain any injunctive relief or otherwise
enjoin, restrain, or otherwise interfere with Fuhu or with the distribution, operation,
development, or performance of the Software or any related products.
IN NO EVENT SHALL FUHU BE LIABLE TO YOU FOR ANY LOSSES, COSTS,
OR DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, OR INABILITY
TO USE, THE SOFTWARE. IN NO EVENT SHALL FUHU BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS
OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH
SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
9. DISCLAIMER.
THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. TO
THE MAXIMUM EXTENT PERMITTED BY LAW, FUHU EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL
AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE,
OR THE COURSE OF DEALING BETWEEN THE PARTIES. FUHU DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, FUHU DOES NOT
WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE
SOFTWARE FUNCTIONALITY AT ALL TIMES. YOU UNDERSTAND AND
ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL
AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY
INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE SOFTWARE.
YOUR SOLE REMEDY FOR ANY FAILURE OF THE SOFTWARE TO MEET
YOUR EXPECTATIONS OR TO FAIL TO FUNCTION IS TO CEASE YOUR USE
OF THE SOFTWARE.
10. GOVERNING LAW. This Agreement shall in all respects be governed by and be
construed in accordance with the laws of the State of California, without regard to its
conflict of laws provisions.
11. FORCE MAJEURE. If the performance of Fuhu under this Agreement is prevented,
hindered, or otherwise made impractical by reason of flood, strike, war, acts of
government, or any other casualty or cause beyond the control of Fuhu, then Fuhu shall
be excused from its performance to the extent and so long as it is prevented, hindered, or
delayed by such event(s).
12. SEVERABILITY. If any one or more of the provisions contained in this Agreement
shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, then
to the maximum extent permitted by law, such invalidity, illegality, or unenforceability
shall not affect any other provision of this Agreement.
13. NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted
by Fuhu hereunder, in whole or in part, without the prior written consent of Fuhu, and
any attempt to do so shall be void. This Agreement is binding on and shall inure to the
benefit of the parties and their respective successors and permitted assigns.
14. EXPORT CONTROL. You agree to obey and comply with any and all applicable
United States laws, rules, and regulations governing the export of software.
15. ACKNOWLEDGEMENT AND EXCLUSIVITY. YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE
BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS
THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT
BETWEEN YOU AND VENDOR, AND THAT IT SUPERSEDES ANY PROPOSAL,
PRIOR AGREEMENT, OR UNDERSTANDING, ORAL OR WRITTEN, AND ANY
OTHER COMMUNICATION BETWEEN YOU AND VENDOR RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY NOT BE
CHANGED, ALTERED, OR MODIFIED EXCEPT BY A WRITING SIGNED BY THE
PARTIES.