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END USER LICENSE AGREEMENT FOR SIEMENS’ SOFTWARE EMBEDDED IN SMART THER-

MOSTAT AND ACCESSORIES (RDS110, RDS110.R, RCR114.1, SSA911.01TH)

This End-User License Agreement ("EULA") is between You and Siemens, (each a “Party” and collectively “Parties”),

for “Smart Thermostat" in any release and any related electronic or written documentation (hereinafter the “Soft-

ware”).

This software is protected under Swiss and/or foreign Copyright Laws and provisions in international treaties. Unau-

thorized reproduction and distribution of this software or parts of it will lead to prosecution. It may be prosecuted

according to criminal as well as civil law and may result in severe punishment and/or damage claims. You must repro-

duce and include the copyright notices with any permitted copies You make of the Software.

By installing, copying, and/or using the Software, You acknowledge and confirm that You (1) have read and under-

stood the EULA as well as any other additional terms made available to you together with the Software (“Additional

Terms”), (2) agree to be bound by the terms and conditions of this EULA and the Additional Terms and (3) have the

power to make such a declaration for your company. Siemens does not license the Software to You if You do not

agree to the terms and conditions of this EULA. In such an event, do not install the Software and/or use the hardware

device which contains the Software and promptly contact Siemens for instructions on return of the Software and/or

hardware device.

1. SECURITY DISCLAIMER In order to protect plants, systems, machines and networks against cyber threats, it is

necessary to implement – and continuously maintain – a holistic, state-of-the-art security concept. Siemens’ port-

folio only forms one element of such a concept.

You are responsible for preventing unauthorized access to your plants, systems, machines and networks which

should only be connected to an enterprise network or the internet if and to the extent such a connection is neces-

sary and only when appropriate security measures (e.g. firewalls and/or network segmentation) are in place. Ad-

ditionally, Siemens’ guidance on appropriate security measures should be taken into account. For additional infor-

mation, please contact your Siemens sales representative or visit https://www.siemens.com/global/en/home/com-

pany/topic-areas/future-of-manufacturing/industrial-security.html.

Siemens’ portfolio undergoes continuous development to make them more secure. Siemens strongly recommends

that updates are applied as soon as they are available and that the latest versions are used. Use of versions that

are no longer supported, and failure to apply the latest updates may increase your exposure to cyber threats.

Siemens strongly recommends to comply with security advisories on the latest security threats, patches and other

related measures, published, among others, under http://www.siemens.com/cert/en/cert-security-advisories.htm.

2. LICENSE GRANT AND USE RESTRICTIONS. Siemens grants to You a non-exclusive, non-transferable license to

use the Software in the format provided to you and solely for your own use. The license grant is subject to the

following limitations:

a) If the Software was obtained by You from Siemens directly or through its licensed distributors for use on a

single machine, You may only install the Software on a single machine owned or licensed by You at any one

time.

b) If the Software was obtained by You from Siemens or its distributors for networked use, You may copy and

distribute the 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.

c) If the Software was obtained by You from Siemens as part of or included in a hardware device, You may use

the Software only in connection with this respective hardware device.

d) You may make only one copy of the Software as an archival backup copy of the original. If this Software

includes any related documentation provided in electronic form, You may print copies of this electronic doc-

umentation.

e) You may not distribute, sublicense, rent, lend, lease, assign or transfer this EULA, the Software or its compo-

nents, in whole or in part without express written consent from Siemens.

Summary of content (3 pages)

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END USER LICENSE AGREEMENT FOR SIEMENS’ SOFTWARE EMBEDDED IN SMART THERMOSTAT AND ACCESSORIES (RDS110, RDS110.R, RCR114.1, SSA911.01TH) This End-User License Agreement ("EULA") is between You and Siemens, (each a “Party” and collectively “Parties”), for “Smart Thermostat" in any release and any related electronic or written documentation (hereinafter the “Software”). This software is protected under Swiss and/or foreign Copyright Laws and provisions in international treaties.
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f) You may not or direct any third party to reverse engineer, de-compile, or disassemble those Software programs except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. g) You also shall not or direct any third party to (i) modify or create a derivative work of the Software, or (ii) extract any individual parts except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
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in the Software will meet your requirements or that the operation of the Software will be uninterrupted or errorfree. No oral or written information or advice given by a Siemens representative shall create a warranty of in any way affect this disclaimer. You assume all responsibility to achieve your intended results and for the installation, use, and results obtained from it. This exclusion shall not apply in the event of gross negligence, unlawful intent or insofar as mandatory law provides otherwise. 9.