HMS Industrial Networks SOFTWARE LICENSE AGREEMENT Anybus NetTool for Profibus This document is a legal Agreement between you, the licensee, and HMS Industrial Networks (HMS) Please read this Agreement carefully before you install the software. By installing or otherwise using the software, you accept the terms of this Agreement. If you do not agree to the terms of this Agreement, then do not install or use the Software, return it to us or to the distributor from which you have it purchased for a full refund. 1. Copyright This software program (the "Software") is owned by HMS and is protected by Swedish and international copyright laws and international trade provisions. The software is licensed, not sold. 2. License You may not decompile, reverse engineer, copy, transfer, or otherwise use the Software except as expressly stated in this Agreement. HMS grants you rights to use the Software on a single user computer, or on a single terminal or workstation of a multi-user computer or local area network. A separate license must be obtained from HMS for every other terminal or workstation on a multi-user computer or local area network. This Software and the accompanying written materials are copyrighted and are proprietary products of HMS. You may make one copy of the Software for backup or archival purposes. All other copying of the Software or written materials is expressly forbidden. 3. Software Maintenance Service For a period of twelve (12) months from the date of purchase HMS deliver all available Updates and Upgrades of the Software free of charge if requested. 4. Term This license is effective until terminated. You may terminate this license at any time by destroying all copies of the Software. This license will terminate automatically, without notice from HMS, if you fail to comply with this Agreement. Upon such termination, you shall destroy all copies of the Software (together with all modifications and merged portions in any form). 5. Limited warranty HMS warrants that the original CD are free from defects in material and workmanship, assuming normal use, for a period of twelve (12) months from the date of purchase. lf a defect occurs during this time, you may return your faulty CD back to HMS, along with a dated proof of purchase, and it will be replaced free of charge EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, HMS GRANTS NO OTHER WARRANTIES EXPRESS OR IMPLIED, REGARDING THE CD AND RELATED MATERIALS, THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY OR THEIR MERCHANTABILITY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HMS, ITS DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU. HMS's entire liability and your exclusive remedy shall be at HMS's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet HMS's limited warranty and that is returned to HMS with a detail proof of purchase. 6. No liability for consequential damages IN NO EVENT SHALL HMS BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOSS OF PROFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR WRITTEN MATERIALS, EVEN IF HMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU. 7. Miscellaneous This Agreement is governed by the laws of Sweden. lf any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement is the complete statement of the agreement and supersedes any proposal or prior communications between us relating to the subject matter of this Agreement. If you have any questions regarding this Agreement, you may contact HMS sales representative where this program has been purchased.