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END USER LICENSE AGREEMENT

FOR SIEMENS’ SOFTWARE EMBEDDED IN SMART THERMOSTAT RDS120

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., Smart

Infrastructure, as the licensor (“Licensor” or “Siemens”) for the LICENSED SOFTWARE specified in Clause 1 (each a

“Party” and collectively “Parties”). The EULA authorizes You to use the LICENSED SOFTWARE under the terms and

conditions set forth below. Read this EULA carefully before installing or using the LICENSED SOFTWARE.

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 (“ADDITIONAL TERMS”); AND (2) AND AGREE TO BE BOUND BY ALL THE TERMS AND

CONDITIONS OF THIS EULA AND SUCH ADDITIONAL TERMS. FURTHERMORE YOU CONFIRM THAT YOU HAVE THE

POWER TO MAKE SUCH A DECLARATION ALSO FOR YOUR COMPANY. YOU FURTHER AGREE THAT IF SIEMENS OR ANY

LICENSOR OF SIEMENS IS REQUIRED TO ENGAGE IN ANY PROCEEDING, LEGAL OR OTHERWISE, TO ENFORCE THEIR

RIGHTS UNDER THIS EULA, SIEMENS AND/OR ITS LICENSOR SHALL BE ENTITLED TO RECOVER FROM YOU, IN ADDITION

TO ANY OTHER SUMS DUE, REASONABLE ATTORNEY’S FEES, COSTS AND DISBURSEMENTS UNLESS OTHERWISE AGREED

IN A SEPARATE WRITING BETWEEN THE PARTIES. 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.

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

provided by Siemens as firmware for licensed use in or with Siemens’s Smart Thermostat RDS120 product referenced

hereafter as Smart Thermostat RDS120 Product that you have purchased or are attempting to purchase and (ii) any

related documentation for the LICENSED SOFTWARE.

2. INTELLECTUAL PROPERTY RIGHTS NOTICE. The Licensed Software and all rights, without limitation, including

all copyrights, patents, trademarks, trade secrets, publicity rights, and other proprietary rights therein, are owned by

Siemens, their licensors or affiliates and are protected by international treaty provisions and all applicable national

laws. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential

information of Siemens, their licensors or affiliates. 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, estoppels 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 must reproduce and include the copyright notices with any permitted copies You make of

the Licensed Software.

3. LICENSE GRANT. Only a license is granted for the LICENSED SOFTWARE; the LICENSED SOFTWARE is not sold to

you. Siemens grants to You in this EULA a revocable, non-transferable, non-exclusive license to use the LICENSED

SOFTWARE in object code as installed in or upon installation in the Smart Thermostat RDS120 Product provided You

comply with all terms and conditions of this EULA.

4. LIMITATIONS ON LICENSE.

a) The Smart Thermostat RDS120 Product shall be provided with the LICENSED SOFTWARE installed therein by

Siemens. You are not entitled to make copies of or install the LICENSED SOFTWARE or any upgrade or

update thereof in the Smart Thermostat RDS120 Product and must separately request Siemens for such

installation service if needed, except and only to the extent that such activity is expressly permitted by

applicable law notwithstanding this limitation. You may use the LICENSED SOFTWARE, access it, execute it

or to interact with it on such Smart Thermostat RDS120 Product.

b) If this LICENSED SOFTWARE includes any related documentation provided in electronic form, You may print

copies of this electronic documentation. You must reproduce and include the copyright notices on any

permitted copies You make of such electronic documentation.

c) You may not sublicense, rent, lease, assign or transfer this EULA, the LICENSED SOFTWARE or its

components, or any portion thereof without express written consent from Siemens. Except, in the event that

you sell or otherwise transfer the Smart Thermostat RDS120 Product to a third party, you may assign this

EULA for the LICENSED SOFTWARE installed in such Smart Thermostat RDS120 Product to such third party

provided that the third party agrees to accept such assignment subject to all terms and conditions of this

EULA. If you violate these restrictions, this EULA shall automatically be terminated.

Summary of content (3 pages)

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END USER LICENSE AGREEMENT FOR SIEMENS’ SOFTWARE EMBEDDED IN SMART THERMOSTAT RDS120 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., Smart Infrastructure, as the licensor (“Licensor” or “Siemens”) for the LICENSED SOFTWARE specified in Clause 1 (each a “Party” and collectively “Parties”).
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d) e) f) 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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SOFTWARE, EVEN IF SIEMENS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SHALL NOT APPLY IF AND TO THE EXTENT SIEMENS’ LIABILITY IS MANDATORY UNDER THE APPLICABLE LAW (e.g., PRODUCT LIABILITY LAW OR INTENTIONAL MISCONDUCT). 11. TECHNICAL SUPPORT AND AUDIT. Siemens and its affiliates have no obligation to furnish You with any technical support services or to debug the LICENSED SOFTWARE unless separately agreed in writing between You and Siemens.