PC Windows µC/FS Trial Package

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In connection with a possible negotiated transaction (a "Transaction") by Micrium Technologies Corporation ("Micrium") and you ("the Counterpart"), Micrium and its respective advisors, agents and representatives, are prepared to make available to the Counterpart certain information which is non-public, confidential or proprietary in nature ("Confidential Information"). By execution of this letter agreement (the "Agreement"), the Counterpart agrees to treat all Confidential Information confidentially and to observe the terms and conditions set forth herein. For purposes of this Agreement, Confidential Information shall include all information, regardless of the form in which it is communicated or maintained (whether prepared by either the disclosing party or otherwise) that contains or otherwise reflects information concerning the disclosing party that the receiving party or its Representatives (as defined below) may be provided by or on behalf of the disclosing party in the course of its evaluation of a possible Transaction. The term "Confidential Information" shall include all code, programs, reports, analyses, notes and other information that are based on, contain or reflect any Confidential Information ("Notes"). The receiving party shall not be required to maintain the confidentiality of those portions of the Confidential Information that: (i) become generally available to the public other than as result of a disclosure by the receiving party, (ii) were available to the receiving party on a non-confidential basis prior to the disclosure of such Confidential Information pursuant to this Agreement, provided that the source of such information was not known by the receiving party, after reasonable investigation, to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to the disclosing party with respect to such material. Each of MICRIUM and Counterpart agrees that it will not use the Confidential Information for any purpose other than determining whether it wishes to enter into a Transaction. The Counterpart agrees not to disclose or allow disclosure to any other person of any Confidential Information; except that the Counterpart may disclose Confidential Information to its advisors, agents or representatives, including, without limitation, its attorneys, accountants, consultants and financial advisors (hereinafter, "Representatives"), to the extent necessary to permit such Representatives to assist the Counterpart in making the determination referred to in the prior sentence, provided, however, that the Counterpart shall require each such Representative to be bound by the terms of this Agreement to the same extent as if they were parties hereto and shall be responsible for any breach of this Agreement by any of his Representatives. Each of Counterpart and MICRIUM agrees that it will not use the Confidential Information in any way directly or indirectly detrimental to the other party. The Counterpart shall keep a record of each location of the Confidential Information. It is further understood and agreed that no failure or delay by either party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege hereunder. In the event that any provision or portion of this Agreement is determined to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions of this letter shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. If you are in agreement with the foregoing, please so indicate by filling the from and cliking the "I Accept" button, which will constitute our agreement with respect to the matters set forth herein.

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