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2016-12-30

END USER LICENSE AGREEMENT FOR

SIEMENS DATAMATE ADVANCED SOFTWARE

IMPORTANT--READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between

“You” (either an individual, a legal entity or any affiliated companies or other entities) and Siemens Industry,

Inc. as the licensor (hereafter “Siemens” or “Licensor”) of the LICENSED SOFTWARE specified in Clause 1

(each a “Party” and collectively “Parties”). An amendment or addendum to this EULA may accompany the

LICENSED SOFTWARE. The use of the LICENSED SOFTWARE is subject to the provisions of this EULA

which is enclosed with the LICENSED SOFTWARE or is integrated therein. Use of the LICENSED

SOFTWARE is only permitted in connection with this EULA. The EULA may not be assigned to third parties.

BY INSTALLING, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE YOU ACKNOWLEDGE

THAT YOU: (1) HAVE READ AND UNDERSTOOD THIS EULA AND ANY THIRD PARTY LICENSES

(INCLUDING ANY OPEN SOURCE SOFTWARE LICENSES) SET FORTH IN THE “ADDITIONAL TERMS

ADDENDUM” BELOW OR MADE AVAILABLE FOR YOUR REVIEW AS SPECIFIED IN CLAUSE 6; AND (2)

AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA AND SUCH THIRD PARTY

LICENSES. FURTHERMORE YOU CONFIRM THAT YOU HAVE THE POWER TO MAKE SUCH A

DECLARATION ALSO FOR YOUR COMPANY. IF YOU DO NOT AGREE TO ALL THE TERMS AND

CONDITIONS OF THIS EULA, YOU ARE NOT ENTITLED TO INSTALL OR USE THE LICENSED

SOFTWARE. IN SUCH AN EVENT, YOU SHOULD PROMPTLY CONTACT SIEMENS FOR INSTRUCTIONS

ON RETURN OR CERTIFIED DESTRUCTION OF THE LICENSED SOFTWARE.

Licensed Software. As used in this EULA, the term “LICENSED SOFTWARE” shall mean (i) the software

offered by Siemens under the brand name "Datamate Advanced" in any release for use with Siemens’

APOGEE® building automation products that are separately available for purchase from Siemens and (ii)

any related documentation for the LICENSED SOFTWARE.

Intellectual Property Rights Notice. The LICENSED SOFTWARE and all rights, without limitation including

proprietary rights therein (including any all copyrights, patents, trademarks, trade secrets, and publicity

rights), are owned by Siemens, its licensors or affiliates. The LICENSED SOFTWARE is protected for

Siemens on the basis of copyright law and international treaty provisions as well as on the basis of other

laws and agreements regarding intellectual property. Except as expressly and unambiguously provided

herein, You do not possess, and Siemens does not grant to You, any express or implied rights (whether

by implication, estoppel or other legal theory) in or to any such intellectual property rights and all such

rights are retained by Siemens, its licensors or affiliates. You acknowledge and agree that You, and not

Siemens, shall be solely responsible for the investigation, defense, settlement and discharge of any

intellectual property infringement claim or suit, or any other harm or damages resulting from Your use of or

access to the LICENSED SOFTWARE.

License Grant. Only a license is granted for the LICENSED SOFTWARE, the LICENSED SOFTWARE is

not sold. Siemens grants to You in this EULA a revocable, non-transferable, non-exclusive license to use

the LICENSED SOFTWARE in object code solely for Your own use provide You comply with all terms and

conditions of this EULA. The configuration and execution of the LICENSED SOFTWARE is supervised by

either a hardware dongle with a license key, a remote software sentinel with a license key, or a PC-bound

copy protection, supplied separately for the LICENSED SOFTWARE. The EULA permits use of the

LICENSED SOFTWARE, only within the boundaries established by the dongle or remote sentinel and the

license key. Siemens, in its discretion, may withhold distribution of the license key for use of the

LICENSED SOFTWARE by You until an executable version of this EULA is signed by the Parties.

Description of Further Rights and Restrictions.

If the LICENSED SOFTWARE was obtained by You from Siemens directly or through its licensed

distributors for use on a single machine, then You may only install the LICENSED SOFTWARE on a

single machine owned or licensed by You at any one time.

If the LICENSED SOFTWARE was obtained by You from Siemens or its distributors for networked

use, You may copy and distribute the LICENSED SOFTWARE over an internal network for use, at any

one time, by the number of active concurrent users for which You obtained a license key from

Siemens.

Summary of content (4 pages)

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END USER LICENSE AGREEMENT FOR SIEMENS DATAMATE ADVANCED SOFTWARE IMPORTANT--READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between “You” (either an individual, a legal entity or any affiliated companies or other entities) and Siemens Industry, Inc. as the licensor (hereafter “Siemens” or “Licensor”) of the LICENSED SOFTWARE specified in Clause 1 (each a “Party” and collectively “Parties”). An amendment or addendum to this EULA may accompany the LICENSED SOFTWARE.
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c) You may not sublicense, assign or transfer this EULA, the LICENSED SOFTWARE or its components, or any portion thereof without express written consent from Siemens. d) You may not or direct any third party to, reverse engineer, decompile, decode or disassemble the LICENSED SOFTWARE except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
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9. Warranty. Siemens shall be only liable for defects and any violation of property rights, as set forth in this Clause 9.
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14. Miscellaneous. This EULA represents the entire agreement between You and Licensor or Siemens relating to the LICENSED SOFTWARE and (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any acknowledgement or similar communication between the parties during the term of this License.