EXHIBIT 10.8


 


NON-EXCLUSIVE LICENSE AGREEMENT


 


This Non-Exclusive License
Agreement (this “Agreement”), effective as of July 22, 2013 (the “Effective Date”),
is entered into by and between KIP CR P1 LP (“Licensor”) and Crossroads Systems,
Inc. (“Licensee”). The parties agree as follows:


 


1.            Definitions


 


“Bankruptcy Code” means
Title 11 of the United States Code, 11 U.S.C. §§101 et seq.


 


“Credit Agreement” means
the Credit Agreement, dated July 22, 2013, between Licensee and Fortress Credit Corporation, and all related ancillary agreements.


 


“Licensed Patents”
means (a) the patents and patent applications listed on Exhibit A; (b) all patents and patent applications,
including without limitation, any divisions, continuations, and continuations-in-part that directly or indirectly claim priority
to or share a common priority claim with any item listed on Exhibit A, or for which any of the patents and patent
applications in Exhibit A directly or indirectly forms a basis for priority; (c) extensions, renewals, substitutes, re-examinations
and re-issues of any of the items in clause (a) or (b); (d) foreign counterpart patents and patent applications of any of
the items clause in (a), (b), or (c), wherever and whenever filed; and (e) inventions, invention
disclosures, and discoveries described in any of the Patents or any item in the foregoing categories (a) through (d) that (i) are
included in any claim in the Patents or any item in the foregoing categories (a) through (d); (ii) are subject matter capable of
being reduced to a patent claim in a reissue or reexamination proceeding brought on any of the Patents or any item in the foregoing
categories (a) through (d); or (iii) could have been included as a claim in any of the Patents or any item in the foregoing categories
(a) through (d).


 


“Licensed Product”
means any Licensee Product where the making, using, offering for sale, selling or importing of such Licensee Product would infringe
one or more claims of the Licensed Patents absent the license granted under Section 2.1.


 


“Licensee Product” means
any product or service of Licensee covered by the Licensed Patents.


 


“Patent Assignment”
means the Patent Assignment executed by Licensee, dated July 22, 2013.


 


“Person” is any individual,
sole proprietorship, partnership, limited liability company, joint venture, company, trust, unincorporated organization, association,
corporation, institution, public benefit corporation, firm, joint stock company, estate, entity or government agency.


 


2.             License


 


2.1           Non-Exclusive
Patent License. Subject to the terms and conditions of this Agreement, starting on the Effective Date and continuing for the
duration of the Term (as defined in Section 3.1), for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Licensor hereby grants to Licensee a fully paid-up, royalty-free, worldwide, non-transferable, non-exclusive
license under the Licensed Patents to make (including the right to practice methods, processes, and procedures), have made (subject
to Section 2.2), use, sell, offer for sale, and import Licensed Products. Except as set forth in Section 2.10, the license granted
under this Section 2.1 does not include the right to grant sublicenses and Licensee is specifically prohibited from granting sublicenses
without Licensor’s specific, prior, written consent, provided however, the parties hereby agree that the license granted
under this Section 2.1 shall extend to customers, distributors, resellers and other persons involved in the distribution, manufacture,
sale, offer for sale, import or use of Licensed Products, but only to the extent such manufacture, use, sale offer for sale and/or
import activities are limited to Licensed Products. 


 


2.2           Have
Made Rights. Licensee understands and acknowledges that the “have made” rights granted in Section 2.1 extend only
to (a) any Licensed Products that were made by a third party manufacturer on behalf of Licensee prior to the Effective Date and
(b) any Licensed Products made by a third party manufacturer on behalf of Licensee or an OEM of Licensee after the Effective Date:
(i) for which the Licensed Products will be branded by Licensee; (ii) where the designs, specifications, and working drawings for
the manufacture of the Licensed Products to be made by that third party manufacturer are furnished to the third party manufacturer
primarily by Licensee; or (iii) which are evolutionary follow-on products of the Licensed Products made by a third party manufacturer
on behalf of Licensee prior to the Effective Date.


 




    	 



    	 



    

 


2.3           Reserved
Rights; Limitations. Nothing contained in this Agreement will be construed as conferring any rights by implication, estoppel,
or otherwise, under any intellectual property rights other than the rights expressly granted in this Agreement with respect to
the Licensed Patents. All rights not expressly granted in this Agreement are reserved by Licensor. Licensee agrees that, as an
essential basis of the bargain set forth in this Agreement, the license in Section 2.1 applies solely to the Licensed Patents
and does not apply to any other patents, patent applications or other patent rights of Licensor or any affiliate of Licensor (“Additional
Patent Rights”), whether held now or later acquired, regardless of whether, and even if, one or more of the claims of
such Additional Patent Rights may be infringed by the practice of one or more of the claims of the Licensed Patents.


 


2.4           Patent
Marking. Licensee will mark products made under the license granted in Section 2.1 with the patent numbers of any applicable
patents included in the Licensed Patents within a reasonable time from issuance of any patents for any pending applications in
the Licensed Patents in a manner that complies with the marking requirements set forth in 35 U.S.C. § 287(a), as amended
from time to time, and any other similar laws in other jurisdictions.


 


2.5           No
Patent Laundering. Without limiting any other restriction on the rights and license granted under this Agreement or implying
any right not expressly granted under this Agreement, the license granted under this Agreement covers solely Licensed Products
and does not cover manufacturing activities that Licensee may undertake for any third parties for the purpose of providing any
such third party coverage under the license granted in this Agreement.


 


2.6           Rights
Granted Personal to Licensee; Agreement to Provide Personal Services.


 


(a)            Licensee
expressly understands and agrees that all of the rights granted to Licensee under this Agreement have been granted specifically
to Licensee and have been granted to Licensee directly solely because of the Licensee’s specific expertise, skill, know-how
and numerous other characteristics. Licensee expressly understands and agrees that, except as set forth in Sections 2.1 and 2.10
of this Agreement, Licensor (i) maintains the sole, exclusive and absolute discretion to grant licenses or not to grant licenses
(ii) that, among other things, because the rights granted under this Agreement are personal to Licensee and this Agreement calls
for personal services to be provided by Licensee, Licensee is specifically prohibited from assigning this Agreement (or any of
the rights granted hereunder) to any other person, without the specific, prior, written consent of Licensor, and (iii) that, among
other things, because this Agreement grants only a non-exclusive license, Licensor may grant other non-exclusive licenses to other
persons, which Licensor chooses.


 


(b)           Licensee
further expressly understands and agrees that the rights granted under this Agreement are personal to Licensee, that this Agreement
requires Licensee to provide personal services and that in the event Licensee becomes subject to a proceeding under the Bankruptcy
Code or another insolvency proceeding, (i) neither Licensee, nor any trustee or other person authorized to act for or on behalf
of Licensee, shall be entitled to assume or assign this Agreement, pursuant to Section 365 of the Bankruptcy Code or otherwise,
without the specific, prior, written consent of Licensor; (ii) until assumption of this Agreement (A) this Agreement shall not
be deemed to be property of the estate for any purpose; (B) neither Licensee nor any trustee or other person authorized to act
for or on behalf of Licensee, may continue to use the Licensed Patents, the Licensed Products or the Licensee Products; and (C)
neither Licensee nor any trustee or other person authorized to act for or on behalf of Licensee may attempt to have this Agreement
“ride through” any proceeding under the Bankruptcy Code or another insolvency proceeding; and (iii) Licensee or any
trustee or other person authorized to act for or on behalf of Licensee, shall be required to make a determination (and obtain court
approval thereof) as to whether to assume or reject this Agreement, no later than 90 days after the commencement of such proceeding
(which deadline shall not be extended without the specific, prior, written consent of Licensor and if court approval of any assumption
is not obtained prior to the expiration of such period, this Agreement shall be automatically and without the requirement of the
taking of any action or notice, be irrevocably deemed to be rejected. Nothing in this Section, this Agreement or otherwise shall
be deemed to constitute Licensor’s consent to such assumption.


 


2.7           Assignment.
Licensee expressly understands and agrees that, except as set forth in Section 2.10, this license is not assignable, except with
the specific, prior, written consent of Licensor and that Licensor has the sole, exclusive and absolute right to grant or withhold
such consent. 


 




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2.8           Consent
to Assignment or Sublicenses May Not Be Implied. Except as set forth in Sections 2.1 and 2.10, the required consent of Licensor
to any assignment or sublicense may not be implied through any action, inaction, prior action or otherwise, including without limitation
any prior grant of consent, but rather must be expressly provided by Licensor.


 


2.9           Minimum
Requirements Before Licensor May Consider Granting Consent to Assignment. Licensor shall not be required to consider whether
or not to grant its consent to assignment, but rather Licensor may choose in its sole, exclusive and absolute discretion, not to
consider whether or not to grant its consent to assignment. Licensee may not request (and Licensor will not be required to consider
or grant) consent to any assignment at any time that (a) an Event of Default (as defined in the Credit Agreement) exists; (b) an
event listed in Section 3.2 of this Agreement exists; or (c) circumstances exist that may with the passage of time constitute an
Event of Default (as defined in the Credit Agreement) or an event listed in Section 3.2 of this Agreement. Before Licensee may
request that Licensor consider granting the required consent to any assignment, Licensee shall first identify to Licensor in writing
(a) the effective date of the proposed assignment; (b) the proposed assignee; and (c) all documents and information necessary to
determine that the proposed assignee is capable of and shall satisfy each and every obligation of this Agreement. In addition,
Licensee shall further demonstrate adequate assurance of the full and complete future performance of this Agreement, to the satisfaction
of Licensor (which Licensor shall be entitled to determine in its sole, exclusive and absolute discretion). Licensee expressly
understands and agrees, however, that the above requirements are just a small part of the overall matters that Licensor may take
into consideration in reviewing any request for consent to an assignment and that even if Licensee meets all such requirements
to the satisfaction of Licensor (which Licensor shall be entitled to determine in its sole, exclusive and absolute discretion),
Licensor maintains the sole, exclusive and absolute right to grant or withhold such consent.


 


2.10         Limited
Right to Sublicense. Unless (a) an Event of Default (as defined in the Credit Agreement) exists; (b) an event listed in Section
3.2 of this Agreement exists; or (c) circumstances exist that may with the passage of time constitute an Event of Default
(as defined in the Credit Agreement) or an event listed in Section 3.2 of this Agreement, subject to Section 8.1(f) of the Credit
Agreement, Licensee may sublicense the license granted under Section 2.1 of this Agreement with respect to the products of the
StrongBox business line of Licensee (the “Business Line”), to the purchaser of all or substantially all of the
operating assets (other than cash) of the Business Line (the “Permitted Sublicensee”) with or without Licensee’s
consent. At least ten (10) days before any such transfer of the Business Line, Licensee will provide to Licensor information regarding
the proposed sublicense to the Permitted Sublicensee, including, without limitation:  (i) the proposed effective date of the
transaction, (ii) a description of the underlying transaction, and (iii) detailed information regarding the products, processes
and services of each of the Business Line and the Permitted Sublicensee.  Any attempted assignment or sublicense (by operation
of law or otherwise) by Licensee that does not conform with this Section 2.10 will be void. Any sublicense will be subject to the
Permitted Sublicensee agreeing in writing to all applicable terms, conditions and restrictions in this Agreement, including without
limitation, Sections 2.2 through 2.9, 3.2, 4, 5, and 6).


 


Following the sublicense
to a Permitted Sublicensee, (x) the Licensed Products will be limited to the products of the Business Line that had been commercially
released by Licensee before the sale of the Business Line and the natural evolutions thereto, and (y) the Licensed Products
will not include any products, processes or services of the Permitted Sublicensee, any affiliate of Permitted Sublicensee, or any
other person.  In addition, the Permitted Sublicensee may not assign or otherwise transfer any license rights (by operation
of law or otherwise) and any such attempted assignment or transfer will be void. 


 


2.11         Payment
Upon Sublicense. If Licensor sublicenses its rights under this Agreement to the Permitted Sublicensee without Licensee’s
consent, as permitted under Section 2.10, Licensor will pay to Licensee the proceeds from the sale of the Business Line as set
forth in Section 2.1(e) of the Credit Agreement. If Licensor obtains Licensee’s consent, Licensor will not be required
to pay the foregoing amount to Licensee.


 


3.            Term;
Termination 


 


3.1          Term.
Unless otherwise terminated under Section 3.2, the term of this Agreement will begin on the Effective Date and will continue
until all claims of the Licensed Patents expire or are held invalid or unenforceable by a court of competent jurisdiction from
which no appeal can be taken (the “Term”). The Term and this Agreement will automatically terminate if the Licensed
Patents are assigned to Licensee after the repayment of amounts due under the Credit Agreement.


 




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3.2         Termination.
This Agreement will immediately terminate without further action of either party if any one of the following conditions in
clauses (a) through (f) below occurs:


 


(a)          Licensee
files a voluntary petition under the Bankruptcy Code or commences any other insolvency proceeding requesting or effectuating the
winding-up, dissolution, or liquidation of the company;


 


(b)          Licensee
is adjudicated bankrupt or insolvent or ordered by a court to wind-up, liquidate or dissolve the company;


 


(c)          the
appointment of a receiver, supervisor or liquidator for all or substantially all of Licensee’s property;


 


(d)          Licensee
makes any assignment for the benefit of Licensee’s creditors;


 


(e)          the
commencement of any involuntary petition under the Bankruptcy Code against Licensee, or the institution of any other involuntary
insolvency proceedings or proceedings for the liquidation, dissolution, or winding up of the business of Licensee or for the termination
of any of its corporate charter; or


 


(f)          any
transfer or attempted transfer of this Agreement (by change of control, operation of law or otherwise) that is not expressly permitted
by this Agreement.


 


3.3         Effect
of Termination; Survival. 


 


(a)          If
this Agreement is terminated under Section 3.2, all licenses granted under this Agreement will terminate as of the date of such
termination.


 


(b)          Sections 1,
2.3, 3.3, 5, and 6 will survive any termination of this Agreement or expiration of the Term.


 


4.           Litigation


 


4.1         Licensor.
Licensor makes no representation or warranty as to the validity, enforceability, or scope
of any Licensed Patents. Licensor has no obligation under this Agreement to institute any action or suit against any third parties
for infringement of any Licensed Patents, or to be party to or defend any action or suit brought by any third party that challenges
or concerns the validity, enforceability, or scope of any of the Licensed Patents. Licensor has no obligation under this Agreement
to file or prosecute any patent application included in the Licensed Patents, secure any Licensed Patents, or maintain any Licensed
Patents. 


 


4.2         Patent
Litigation. Licensee has no right under this Agreement to (a) institute any action or suit for infringement of any of the Licensed
Patents or (b) be party to or defend any action or suit brought by any third party challenging the validity, enforceability, or
scope of any of the Licensed Patents.


 


5.           GOVERNING
LAW, SUBMISSION TO JURISDICTION, JURY TRIAL WAIVER, AND JUDICIAL REFERENCE


 


5.1         Governing
Law; Submission to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State
of New York without regard to its rules of conflict of law, except Section 5-1401 of the New York General Obligations Law; provided,
however, that the prosecution, perfection, issuance, maintenance, validity and enforceability of any Licensed Patents arising under
the laws of any other jurisdiction, and the interpretation and enforceability of any rights granted under such Licensed Patents,
will be governed by the laws of that jurisdiction without reference to choice of law principles to the contrary. Licensee hereby
irrevocably submits to the nonexclusive jurisdiction of any New York State or Federal court sitting in the County of New York over
any suit, action or proceeding arising out of or relating to this Agreement, and Licensee hereby agrees and consents that, in addition
to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding
in any New York State or Federal court sitting in the County of New York may be made by certified or registered mail, return receipt
requested, or overnight mail with a reputable national carrier, directed to Licensee at the address indicated above, and service
so made shall be complete five (5) days after the same shall have been so mailed (one day in the case of an overnight mail service).


 




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5.2          Jury
Trial Waiver. EACH OF LICENSEE AND LICENSOR HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY,
AND WAIVES ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH REGARD TO THIS
AGREEMENT, OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION THEREWITH. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS
GIVEN KNOWINGLY AND VOLUNTARILY BY LICENSEE AND LICENSOR, AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE
AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE. LICENSEE AND LICENSOR ARE EACH HEREBY AUTHORIZED TO FILE A COPY
OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER.


 


6.            General
Provisions


 


6.1           No
Representations. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
WITH REGARD TO THE LICENSED PATENTS. THE LICENSED PATENTS ARE PROVIDED “AS IS.” LICENSOR DISCLAIMS ALL WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITATION, NOTHING IN THIS AGREEMENT WILL BE CONSTRUED AS AN ASSURANCE, WARRANTY OR REPRESENTATION
(A) AS TO THE VALIDITY, ENFORCEABILITY, OR SCOPE OF ANY LICENSED PATENT; (B) THAT PRACTICE OF THE LICENSED PATENTS OR ANYTHING
MADE, USED, SOLD, OR OTHERWISE DISTRIBUTED OR DISPOSED OF UNDER ANY LICENSE GRANTED HEREIN IS OR WILL BE FREE FROM INFRINGEMENT
OF ANY OTHER PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; OR (C) THAT THE LICENSED PATENTS WILL NOT BE FOUND
INVALID, UNPATENTABLE, OR UNENFORCEABLE FOR ANY REASON IN ANY ADMINISTRATIVE, ARBITRATION, JUDICIAL, OR OTHER PROCEEDING.


 


6.2           Successors
and Assigns. This Agreement binds and is for the benefit of the successors and permitted assigns of each party. Except as permitted
under Sections 2.1 and 2.10, Licensee may not assign this Agreement or any rights or obligations under it (including without limitation
by change of control, operation of law or otherwise) without Licensor’s specific, prior written consent (which may be granted
or withheld in Licensor’s sole, absolute, and exclusive discretion). Licensor has the right, without the consent of or notice
to Licensee, to sell, transfer, assign, negotiate, or grant participation in all or any part of, or any interest in, Licensor’s
obligations, rights, and benefits under this Agreement.


 


6.3           Indemnification.
As between Licensor and Licensee, Licensee will be solely responsible for any and all claims, liabilities, damages, costs and
expenses arising out of or in connection with the design, development, use, manufacture, sale, distribution, importation, advertising
and other disposition of the Licensed Products. Licensee agrees to indemnify, defend and hold Licensor and its directors, officers,
employees, agents, and attorneys, or any other Person affiliated with or representing Licensor (each, an “Indemnified
Person”) harmless against:  (a) all obligations, demands, claims, and liabilities (collectively, “Claims”)
claimed or asserted by any other party in connection with the manufacture, use, sale, offer for sale or importation of the Licensed
Products; and (b) all losses or expenses in any way suffered, incurred, or paid by such Indemnified Person as a result of, following
from, consequential to, or arising from transactions involving the Licensed Products (including reasonable attorneys’ fees
and expenses).


 


6.4           Severability
of Provisions. Each provision of this Agreement is severable from every other provision in determining the enforceability of
any provision.


 


6.5           Correction
of Documents. Licensor may correct patent errors and fill in any blanks in the Loan Documents and Transaction Documents consistent
with the agreement of the parties.


 


6.6           Amendments
in Writing; Waiver; Integration. No purported amendment or modification of this Agreement, or waiver, discharge or termination
of any obligation under this Agreement, shall be enforceable or admissible unless, and only to the extent, expressly set forth
in a writing signed by the party against which enforcement or admission is sought. Without limiting the generality of the foregoing,
no oral promise or statement, or any action, inaction, delay, failure to require performance or course of conduct shall operate
as, or evidence, an amendment, supplement or waiver or have any other effect on this Agreement. Any waiver granted shall be limited
to the specific circumstance expressly described in it and shall not apply to any subsequent or other circumstance, whether similar
or dissimilar, or give rise to, or evidence, any obligation or commitment to grant any further waiver.


  




    	-5-



    	 



    

  


This Agreement represents
the entire agreement about this subject matter and supersedes prior negotiations or agreements. All prior agreements, understandings,
representations, warranties, and negotiations between the parties about the subject matter of this Agreement merge into this Agreement.


 


6.7           Counterparts.
This Agreement may be executed in any number of counterparts and by different parties on separate counterparts, each of which,
when executed and delivered, is an original, and all of which, taken together, constitute one agreement.


 


6.8           Confidentiality.
The existence of this Agreement, and the identities of the parties and the Licensed Patents, are not confidential; however, the
specific terms and conditions of this Agreement are confidential and will only be disclosed by either party to a third party (a) with
the prior written consent of the other party; (b) as required by law, legal process or by any governmental
authority, regulatory authority, securities exchange or NASDAQ requirement; (c) in confidence to such other party’s
shareholders, legal counsel and professional advisors; (d) in connection with a proposed or actual acquisition of either party;
provided, that any such disclosure is made pursuant to a non-disclosure agreement in a form and substance reasonably acceptable
to the other party; or (e) in patent infringement litigation involving any Licensed Patents.


 


6.9           Attorneys’
Fees, Costs and Expenses. In any action or proceeding between Licensee and Licensor arising out of or relating to this Agreement,
each party shall be responsible for its own costs and expenses, including, but not limited to, attorneys’ fees.


 


6.10         Electronic
Execution of Documents. The words “execution,” “signed,” “signature” and words of like
import in this Agreement shall be deemed to include electronic signatures or the keeping of records in electronic form, each of
which shall be of the same legal effect, validity and enforceability as a manually executed signature or the use of a paper-based
recordkeeping systems, as the case may be, to the extent and as provided for in any applicable law, including, without limitation,
any state law based on the Uniform Electronic Transactions Act.


 


6.11         Captions.
The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.


 


6.12         Construction
of Agreement. The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation
of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the
uncertainty to exist.


 


6.13         Relationship.
The relationship of the parties to this Agreement is determined solely by the provisions of this Agreement. The parties do not
intend to create any agency, partnership, joint venture, trust, fiduciary or other relationship with duties or incidents different
from those of parties to an arm’s-length contract.


 


6.14         Third
Parties. Nothing in this Agreement, whether express or implied, is intended to (a) confer any benefits, rights or remedies
under or by reason of this Agreement on any Persons other than the express parties to it and their respective permitted successors
and assigns; (b) relieve or discharge the obligation or liability of any Person not an express party to this Agreement, or (c)
give any Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.


  


[Signature page
follows.] 


 




    	-6-



    	 



    

 


IN WITNESS WHEREOF, the
parties have entered into this Agreement as of the Effective Date.


 


	Licensor:	 	Licensee:
	KIP CR P1 LP	 	Crossroads Systems, Inc.
	By:  KIP CR P1 GP LLC, its General Partner	 	 
	 	 	 
	 	 	 
	Signature	 	Signature
	 	 	 
	/s/ Constantine M. Dakolias	 	/s/ Richard K. Coleman, Jr.
	Name/Title of person signing (please print)	 	Name/Title of person signing (please print)
	Constantine M. Dakolias	 	Richard K. Coleman, Jr.
	President	 	Interim President and CEO
	Address:	 	Address:
	 	 	 
	 	 	11000 North Mo-Pac Expressway
	 	 	Austin, TX  78759
	 	 	 


 


[Signature Page to Crossroads License
Agreement]


  




    	 



    	 



    

 


Exhibit A


Licensed Patents 





 


	Patent or

application no.	 	Country	 	Filing Date

(mm-dd-yyyy)	 	Title of Patent and First Named Inventor
	6,041,381	 	US	 	02-05-1998	 	
        FIBRE CHANNEL TO SCSI ADDRESSING METHOD AND
        SYSTEM

        Geoffrey B. Hoese

	6,138,161	 	US	 	02-18-1999	 	
        METHOD AND SYSTEM FOR MAINTAINING RESERVE
        COMMAND RELATIONSHIPS IN A FIBRE CHANNEL NETWORK

        Robert A. Reynolds

	6,148,421	 	US	 	05-29-1998	 	
        ERROR DETECTION AND RECOVERY FOR SEQUENTIAL
        ACCESS DEVICES IN A FIBRE CHANNEL PROTOCOL

        Geoffrey B. Hoese

	6,151,331	 	US	 	09-23-1998	 	
        SYSTEM AND METHOD FOR PROVIDING A PROXY FARP
        FOR LEGACY STORAGE DEVICES

        Stephen K. Wilson

	6,199,112	 	US	 	09-23-1998	 	
        SYSTEM AND METHOD FOR RESOLVING FIBRE CHANNEL
        DEVICE ADDRESSES ON A NETWORK USING THE DEVICE'S FULLY QUALIFIED DOMAIN NAME

        Stephen K. Wilson

	6,205,141	 	US	 	06-30-1999	 	
        METHOD AND SYSTEM FOR UN-TAGGED COMMAND QUEUING

        Keith M. Arroyo

	6,314,488	 	US	 	05-12-1998	 	
        SYSTEM FOR SEGMENTING A FIBRE CHANNEL ARBITRATED
        LOOP TO A PLURALITY OF LOGICAL SUB-LOOPS USING SEGEMENTATION ROUTER AS A MASTER TO CAUSE THE SEGMENTATION OF PHYSICAL ADDRESSES

        Brian R. Smith

	6,341,315	 	US	 	02-26-1999	 	
        STREAMING METHOD AND SYSTEM FOR FIBRE CHANNEL
        NETWORK DEVICES

        Keith M. Arroyo

	6,392,570	 	US	 	09-14-2000	 	
        METHOD AND SYSTEM FOR DECODING 8-BIT/10-BIT
        DATA USING LIMITED WIDTH DECODERS

        Thomas W. Bucht

	6,643,693	 	US	 	09-15-1998	 	
        METHOD AND SYSTEM FOR MANAGING I/O TRANSMISSIONS
        IN A FIBRE CHANNEL NETWORK AFTER A BREAK IN COMMUNICATION

        Robert A. Reynolds

	6,650,656	 	US	 	02-28-2002	 	
        METHOD AND SYSTEM FOR RECONCILING EXTENDED
        COPY COMMAND TARGET DESCRIPTOR LENGTHS

        John F. Tyndall

	6,654,824	 	US	 	10-03-2001	 	
        HIGH-SPEED DYNAMIC MULTI-LANE DESKEWER

        Diego Fernando Vila

	6,668,290	 	US	 	10-24-2000	 	
        SYSTEM AND METHOD FOR CONTROLLING READOUT
        OF FRAME DATA FROM BUFFER

        Michael A. Nelson

	6,704,809	 	US	 	02-28-2002	 	
        METHOD AND SYSTEM FOR OVERLAPPING DATA FLOW
        WITHIN A SCSI EXTENDED COPY COMMAND

        John F. Tyndall

	6,704,836	 	US	 	11-13-2002	 	
        METHOD FOR DYNAMIC CONTROL OF CONCURRENT EXTENDED
        COPY TASKS

        Robert M. Griswold, Jr.



 


[Exhibit A to Crossroads License Agreement]


 




    	 



    	 



    

 


	Patent or

application no.	 	Country	 	Filing Date

(mm-dd-yyyy)	 	Title of Patent and First Named Inventor
	6,718,402	 	US	 	11-29-2000	 	
        METHOD AND SYSTEM FOR PERSISTENT UNIT ATTENTION
        IN A FIBRE CHANNEL STORAGE ROUTER

        Keith Arroyo

	6,757,348	 	US	 	10-04-2001	 	
        HIGH-SPEED COORDINATED MULTI-CHANNEL ELASTIC
        BUFFER

        Diego Fernando Vila

	6,804,753	 	US	 	10-04-2002	 	
        PARTITIONED LIBRARY

        William H. Moody II

	6,848,007	 	US	 	11-10-2000	 	
        A SYSTEM FOR MAPPING ADDRESSES OF SCSI DEVICES
        BETWEEN PLURALITY OF SANS THAT CAN DYNAMICALLY MAP SCSI DEVICE ADDRESSES ACROSS A SAN EXTENDER

        Robert Allen Reynolds

	6,894,979	 	US	 	04-24-2001	 	
        NETWORK ANALYZER/SNIFFER WITH MULTIPLE PROTOCOL
        CAPABILITIES

        David G. Lee

	6,922,391	 	US	 	11-07-2000	 	
        METHOD AND SYSTEM FOR DECREASING ROUTING LATENCY
        FOR SWITCHING PLATFORMS WITH VARIABLE CONFIGURATION

        Steve King

	6,965,934	 	US	 	11-10-2000	 	
        ENCAPSULATION PROTOCOL FOR LINKING STORAGE
        AREA NETWORKS OVER A PACKET-BASED NETWORK

        Robert A. Reynolds

	6,970,942	 	US	 	11-07-2000	 	
        METHOD OF ROUTING HTTP AND FTP SERVICES ACROSS
        HETEROGENEOUS NETWORKS

        Steve King

	6,977,897	 	US	 	10-24-2000	 	
        SYSTEM AND METHOD FOR JITTER COMPENSATION
        IN DATA TRANSFERS

        Michael A. Nelson

	7,024,591	 	US	 	07-12-2002	 	
        MECHANISM FOR ENABLING ENHANCED FIBRE CHANNEL
        ERROR RECOVERY ACROSS REDUNDANT PATHS USING SCSI LEVEL COMMANDS

        William H. Moody II

	7,127,572	 	US	 	02-19-2004	 	
        CONSOLIDATION OF UNIT ATTENTIONS

        John F. Tyndall

	7,185,028	 	US	 	03-11-2003	 	
        DATA FILES SYSTEMS WITH HIERARCHICAL RANKING
        FOR DIFFERENT ACTIVITY GROUPS

        Ulrich Lechner

	7,251,708	 	US	 	08-07-2003	 	
        SYSTEM AND METHOD FOR MAINTAINING AND REPORTING
        A LOG OF MULTI-THREADED BACKUPS

        Steven A. Justiss

	7,254,329	 	US	 	03-05-2004	 	
        METHOD AND SYSTEM FOR MULTI-INITIATOR SUPPORT
        TO STREAMING DEVICES IN A FIBRE CHANNEL NETWORK

        Robert A. Reynolds

	7,310,696	 	US	 	01-27-2005	 	
        METHOD AND SYSTEM FOR COORDINATING INTEROPERABILITY
        BETWEEN DEVICES OF VARYING CAPABILITIES IN A NETWORK

        John B. Haechten

	7,327,223	 	US	 	01-26-2005	 	
        METHOD AND SYSTEM FOR DISTRIBUTING MANAGEMENT
        INFORMATION OVER POWER NETWORKS

        Bryan Schlinger



 


[Exhibit A to Crossroads License Agreement]


 




    	 



    	 



    

 


	Patent or

application no.	 	Country	 	Filing Date

(mm-dd-yyyy)	 	Title of Patent and First Named Inventor
	7,333,489	 	US	 	10-24-2000	 	
        SYSTEM AND METHOD FOR STORING FRAME HEADER
        DATA

        Michael A. Nelson

	7,350,114	 	US	 	09-01-2005	 	
        MECHANISM FOR ENABLING ENHANCED FIBRE CHANNEL
        ERROR RECOVERY ACROSS REDUNDANT PATHS USING SCSI LEVEL COMMANDS

        William H. Moody II

	7,370,173	 	US	 	01-28-2005	 	
        METHOD AND SYSTEM FOR PRESENTING CONTIGUOUS
        ELEMENT ADDRESSES FOR A PARTITIONED MEDIA LIBRARY

        Steven A. Justiss

	7,415,564	 	US	 	08-15-2007	 	
        METHOD AND SYSTEM FOR COORDINATING INTEROPERABILITY
        BETWEEN DEVICES OF VARYING FUNCTIONALITY IN A NETWORK

        John B. Haechten

	7,424,075	 	US	 	07-31-2003	 	
        PSEUDORANDOM DATA PATTERN VERIFIER WITH AUTOMATIC
        SYNCHRONIZATION

        Diego F. Vila

	7,428,613	 	US	 	06-29-2004	 	
        SYSTEM AND METHOD FOR CENTRALIZED PARTITIONED
        LIBRARY MAPPING

        Steven A. Justiss

	7,447,852	 	US	 	12-22-2004	 	
        SYSTEM AND METHOD FOR MESSAGE AND ERROR REPORTING
        FOR MULTIPLE CONCURRENT EXTENDED COPY COMMANDS TO A SINGLE DESTINATION DEVICE

        Steven A. Justiss

	7,448,049	 	US	 	08-22-2003	 	
        SYSTEM AND METHOD OF SUPPORTING KERNEL FUNCTIONALITY

        Lisheng Xing

	7,451,291	 	US	 	01-28-2005	 	
        SYSTEM AND METHOD FOR MODE SELECT HANDLING
        FOR A PARTITIONED MEDIA LIBRARY

        Steven A. Justiss

	7,453,348	 	US	 	06-18-2007	 	
        METHOD AND SYSTEM FOR DISTRIBUTING MANAGEMENT
        INFORMATION OVER POWER NETWORKS

        Bryan Schlinger

	7,454,565	 	US	 	06-29-2004	 	
        SYSTEM AND METHOD FOR DISTRIBUTED PARTITIONED
        LIBRARY MAPPING

        Steven A. Justiss

	7,500,047	 	US	 	12-03-2004	 	
        SYSTEM AND METHOD FOR PROCESSING COMMANDS

        John F. Tyndall

	7,505,980	 	US	 	11-07-2003	 	
        SYSTEM AND METHOD FOR CONTROLLING ACCESS TO
        MULTIPLE PHYSICAL MEDIA LIBRARIES

        John F. Tyndall

	7,508,756	 	US	 	03-28-2005	 	
        METHOD AND SYSTEM FOR DECREASING ROUTING LATENCY
        FOR SWITCHING PLATFORMS WITH VARIABLE CONFIGURATION

        Steve King

	7,509,330	 	US	 	09-03-2004	 	
        APPLICATION-LAYER MONITORING OF COMMUNICATION
        BETWEEN ONE OR MORE DATABASE CLIENTS AND ONE OR MORE DATABASE SERVERS

        David B. Ewing



 


[Exhibit A to Crossroads License Agreement]


 




    	 



    	 



    

 


	Patent or

application no.	 	Country	 	Filing Date

(mm-dd-yyyy)	 	Title of Patent and First Named Inventor
	7,529,753	 	US	 	09-03-2004	 	
        PROVIDING APPLICATION-LAYER FUNCTIONALITY
        BETWEEN ONE OR MORE DATABASE CLIENTS AND ONE OR MORE DATABASE SERVERS

        David B. Ewing

	7,552,294	 	US	 	12-22-2004	 	
        SYSTEM AND METHOD FOR PROCESSING MULTIPLE
        CONCURRENT EXTENDED COPY COMMANDS TO A SINGLE DESTINATION DEVICE

        Steven A. Justiss

	7,584,190	 	US	 	02-16-2007	 	
        DATA FILES SYSTEMS WITH HIERARCHICAL RANKING
        FOR DIFFERENT ACTIVITY GROUPS

        Ulrich Lechner

	7,584,318	 	US	 	11-02-2007	 	
        APPARATUS FOR COORDINATING INTEROPERABILITY
        BETWEEN DEVICES OF VARYING CAPABILITIES IN A NETWORK

        John B. Haechten

	7,603,449	 	US	 	06-10-2002	 	
        SYSTEM AND METHOD FOR INQUIRY CACHING

        Stephen G. Dale

	7,711,805	 	US	 	12-22-2004	 	
        SYSTEM AND METHOD FOR COMMAND TRACKING

        Stephen G. Dale

	7,711,871	 	US	 	08-30-2004	 	
        INTERFACE DEVICE AND METHOD FOR COMMAND PROCESSING

        John B. Haechten

	7,711,913	 	US	 	04-20-2007	 	
        SYSTEM AND METHOD FOR BACKING UP EXTENDED
        COPY COMMANDS

        William H. Moody II

	7,716,406	 	US	 	03-01-2006	 	
        METHOD AND SYSTEM FOR PERSISTENT RESERVATION
        HANDLING IN A MULTI-INITIATOR ENVIRONMENT

        John F. Tyndall

	7,752,384	 	US	 	11-07-2003	 	
        SYSTEM AND METHOD FOR CONTROLLING ACCESS TO
        MEDIA LIBRARIES

        William H. Moody II

	7,752,416	 	US	 	09-25-2008	 	
        SYSTEM AND METHOD FOR DISTRIBUTED PARTITIONED
        LIBRARY MAPPING

        Steven A. Justiss

	7,788,413	 	US	 	04-29-2005	 	
        METHOD AND SYSTEM FOR HANDLING COMMANDS REQUESTING
        MOVEMENT OF A DATA STORAGE MEDIUM BETWEEN PHYSICAL MEDIA LIBRARIES

        Steven A. Justiss

	7,827,261	 	US	 	12-22-2004	 	
        SYSTEM AND METHOD FOR DEVICE MANAGEMENT

        Robert M. Griswold, Jr.

	7,831,621	 	US	 	09-27-2007	 	
        SYSTEM AND METHOD FOR SUMMARIZING AND REPORTING
        IMPACT OF DATABASE STATEMENTS

        Kevin Banks

	7,895,160	 	US	 	01-26-2009	 	
        APPLICATION-LAYER MONITORING OF COMMUNICATION
        BETWEEN ONE OR MORE DATABASE CLIENTS AND ONE OR MORE DATABASE SERVERS

        David B. Ewing

	7,899,945	 	US	 	04-30-2010	 	
        INTERFACE DEVICE AND METHOD FOR COMMAND PROCESSING

        John B. Haechten

	7,904,539	 	US	 	03-13-2009	 	
        SYSTEM AND METHOD FOR SERVICING INQUIRY COMMANDS
        ABOUT TARGET DEVICES IN STORAGE AREA NETWORK

        Stephen G. Dale



 


[Exhibit A to Crossroads License Agreement]


 




    	 



    	 



    

 


	Patent or

application no.	 	Country	 	Filing Date

(mm-dd-yyyy)	 	Title of Patent and First Named Inventor
	7,908,252	 	US	 	03-19-2008	 	
        SYSTEM AND METHOD FOR VERIFYING PATHS TO A
        DATABASE

        Matthew Eugene Landt

	7,908,366	 	US	 	02-01-2008	 	
        MEDIA LIBRARY MONITORING SYSTEM AND METHOD

        Robert C. Sims

	7,912,053	 	US	 	03-23-2009	 	
        METHOD AND SYSTEM FOR DECREASING ROUTING LATENCY
        FOR SWITCHING PLATFORMS WITH VARIABLE CONFIGURATION

        Steve King

	7,941,597	 	US	 	06-07-2010	 	
        SYSTEM AND METHOD FOR CONTROLLING ACCESS TO
        MEDIA LIBRARIES

        William H. Moody II

	7,962,513	 	US	 	10-30-2006	 	
        SYSTEM AND METHOD FOR DEFINING AND IMPLEMENTING
        POLICIES IN A DATABASE SYSTEM

        David Boles

	7,971,006	 	US	 	01-28-2005	 	
        SYSTEM AND METHOD FOR HANDLING STATUS COMMANDS
        DIRECTED TO PARTITIONED MEDIA LIBRARY

        Steven A. Justiss

	7,971,019	 	US	 	02-23-2009	 	
        SYSTEM AND METHOD FOR CONTROLLING ACCESS TO
        MULTIPLE PHYSICAL MEDIA LIBRARIES

        John F. Tyndall

	7,974,215	 	US	 	02-04-2008	 	
        SYSTEM AND METHOD OF NETWORK DIAGNOSIS

        Robert C. Sims

	7,975,124	 	US	 	04-16-2010	 	
        SYSTEM AND METHOD FOR DISTRIBUTED PARTITIONED
        LIBRARY MAPPING

        Steven A. Justiss

	7,984,073	 	US	 	06-15-2005	 	
        SYSTEM AND METHOD FOR PROVIDING SERVICE MANAGEMENT
        IN A DISTRIBUTED DATABASE SYSTEM

        Jack Basiago

	8,156,215	 	US	 	10-29-2010	 	
        SYSTEM AND METHOD FOR DEVICE MANAGEMENT

        Robert M. Griswold, Jr.

	8,250,378	 	US	 	02-04-2008	 	
        SYSTEM AND METHOD FOR ENABLING ENCRYPTION

        Robert C. Sims

	8,271,673	 	US	 	08-09-2004	 	
        STREAMING METHOD AND SYSTEM FOR FIBRE CHANNEL
        NETWORK DEVICES

        Keith M. Arroyo

	8,341,211	 	US	 	09-14-2007	 	
        SYSTEM AND METHOD FOR INQUIRY CACHING IN A
        STORAGE AREA NETWORK

        Stephen G. Dale

	
        11/801,809

        US 2008/0282265
	 	US	 	05-11-2007	 	
        METHOD AND SYSTEM FOR NON-INTRUSIVE MONITORING
        OF LIBRARY COMPONENTS

        Michael R. Foster

	
        12/025,436

        US 2009/0198737
	 	US	 	02-04-2008	 	
        SYSTEM AND METHOD FOR ARCHIVE VERIFICATION

        Robert C. Sims

	
        12/115,218

        US 2009/0274300
	 	US	 	05-05-2008	 	
        METHOD FOR CONFIGURING THE ENCRYPTION POLICY
        FOR A FIBRE CHANNEL DEVICE

        Patrick S. Tou

	
        12/692,403

        US 2010/0182887
	 	US	 	01-22-2010	 	
        SYSTEM AND METHOD FOR IDENTIFYING FAILING
        DRIVES OR MEDIA IN MEDIA LIBRARY

        William H. Moody II



 


[Exhibit A to Crossroads License Agreement]


 




    	 



    	 



    

 


	Patent or

application no.	 	Country	 	Filing Date

(mm-dd-yyyy)	 	Title of Patent and First Named Inventor
	
        13/042,209

        US 2011/0161584
	 	US	 	03-07-2011	 	
        SYSTEM AND METHOD FOR INQUIRY CACHING IN A
        STORAGE AREA NETWORK

        Stephen G. Dale

	
        13/091,877

        US 2011/0194451
	 	US	 	04-21-2011	 	
        SYSTEM AND METHOD OF NETWORK DIAGNOSIS

        Robert C. Sims

	
        13/312,068

        US 2012/0079131
	 	US	 	12-06-2011	 	
        STREAMING METHOD AND SYSTEM FOR FIBRE CHANNEL
        NETWORK DEVICES

        Keith M. Arroyo

	
        13/430,429

        US 2012/0185589
	 	US	 	03-26-2012	 	
        MEDIA LIBRARY MONITORING SYSTEM AND METHOD

        Robert C. Sims

	
        13/459,720

        US 2012/0221597
	 	US	 	04-30-2012	 	
        MEDIA LIBRARY MONITORING SYSTEM AND METHOD

        Robert C. Sims

	
        13/685,539

        US 2013/0080568
	 	US	 	11-26-2012	 	
        SYSTEM AND METHOD FOR CACHING INQUIRY DATA
        ABOUT SEQUENTIAL ACCESS DEVICES

        Stephen G. Dale

	AU 737205	 	AU	 	05-29-1998	 	
        ERROR DETECTION AND RECOVERY FOR SEQUENTIAL
        ACCESS DEVICES IN A FIBRE CHANNEL PROTOCOL

        Geoffrey B. Hoese

	EP 2 526 488	 	EP	 	01-18-2011	 	
        SYSTEM AND METHOD FOR IDENTIFYING FAILING
        DRIVES OR MEDIA IN MEDIA LIBRARY

        William H. Moody

	12/025,300	 	US	 	 	 	
        DETERMINING, DISPLAYING AND USING TAPE
        DRIVE SESSION INFORMATION

         

	12/201,956	 	US	 	 	 	
        SYSTEM AND METHOD FOR ADJUSTING TO DRIVE
        SPECIFIC CRITERIA

         

	12/888,954	 	US	 	 	 	
        SYSTEM AND METHOD FOR ELIMINATING PERFORMANCE
        IMPACT OF INFORMATION COLLECTION FROM MEDIA DRIVES

         

	12/861,609	 	US	 	 	 	
        SYSTEM AND METHOD FOR ARCHIVE VERIFICATION
        ACCORDING TO POLICIES

         

	12/861,612	 	US	 	 	 	
        SYSTEM AND METHOD FOR ARCHIVE VERIFICATION
        USING MULTIPLE ATTEMPTS

         

	13/109,192	 	US	 	 	 	
        SYSTEM AND METHOD FOR IMPLEMENTING A NETWORKED
        FILE SYSTEM UTILIZING A MEDIA LIBRARY

         

	13/267,758	 	US	 	 	 	
        SYSTEM, METHOD AND COMPUTER PROGRAM PRODUCT
        FOR OPTIMIZATION OF TAPE PERFORMANCE

         

	13/267,763	 	US	 	 	 	
        SYSTEM, METHOD AND COMPUTER PROGRAM PRODUCT
        FOR OPTIMIZATION OF TAPE PERFORMANCE USING DISTRIBUTED FILE COPIES

         

	13/267,665	 	US	 	 	 	
        SYSTEM, METHOD AND COMPUTER PROGRAM PRODUCT
        FOR TRICKLING DATA TO A HOST

         

	13/267,743	 	US	 	 	 	
        SYSTEM, METHOD AND COMPUTER PROGRAM PRODUCT
        FOR RETRIEVING A FILE AFTER AN ERROR

         



 


[Exhibit A to Crossroads License Agreement]


 




    	 



    	 



    

 


	Patent or

application no.	 	Country	 	Filing Date

(mm-dd-yyyy)	 	Title of Patent and First Named Inventor
	13/451,812	 	US	 	 	 	
        SYSTEM, METHOD AND COMPUTER PROGRAM PRODUCT
        FOR A SELF-DESCRIBING TAPE

         

	13/847,965	 	US	 	 	 	
        SYSTEM AND METHOD FOR ENHANCING DATA RELIABILITY
        AND RECOVERING FROM MEDIA ERRORS

         

	13/531,310	 	US	 	 	 	
        SYSTEM, METHOD AND COMPUTER PROGRAM PRODUCT
        FOR HOST SYSTEM LTFS AUTO-ADAPTATION

         

	13/532,512	 	US	 	 	 	
        SYSTEM, METHOD AND COMPUTER PROGRAM PRODUCT
        FOR CONTROLLING FILE MIGRATION IN ARCHIVING SYSTEMS

         

	13/532,518	 	US	 	 	 	
        SYSTEM, METHOD AND COMPUTER PROGRAM PRODUCT
        FOR SYNCHRONIZING DATA WRITTEN TO TAPE AND RECOVERING IN THE CASE OF FAILURE

         

	13/485,060	 	US	 	 	 	
        SYSTEM, METHOD AND COMPUTER PROGRAM PRODUCT
        FOR RECOVERING STUB FILES

         

	13/614,857	 	US	 	 	 	
        SYSTEM, METHOD AND COMPUTER PROGRAM PRODUCT
        FOR PARTIALLY SYNCHRONOUS AND PARTIALLY ASYNCHRONOUS MOUNTS/UNMOUNTS IN A MEDIA LIBRARY

         

	13/459,531	 	US	 	 	 	
        SYSTEM AND METHOD FOR USING A MEMORY BUFFER
        TO STREAM DATA FROM A TAPE TO MULTIPLE CLIENTS

         

	13/480,781	 	US	 	 	 	
        SYSTEM, METHOD AND COMPUTER PROGRAM PRODUCT
        FOR TAMPER PROTECTION IN A DATA STORAGE SYSTEM

         

	102 11 606	 	 	 	 	 	 
	PCT/US13/038755	 	 	 	 	 	 


 


[Exhibit A to Crossroads License Agreement]