END-USER SOFTWARE LICENSE AGREEMENT (“EULA”)

IMPORTANT NOTE – READ CAREFULLY:

THIS END-USER SOFTWARE LICENSE AGREEMENT IS A LEGAL AGREEMENT

BETWEEN YOU, AS A DESIGNATED SINGLE USER OR AS A REPRESENTATIVE IN
THE NAME OF A COMPANY OR AN ORGANIZATION, CALLED IN THE
FOLLOWING THE LICENSEE AND THE PEPPERL+FUCHS SE CALLED IN THE
FOLLOWING THE LICENSER.

BY INSTALLING AND/OR USING THE SOFTWARE, YOU INDICATE YOUR

ACCEPTANCE TO THE TERMS OF THIS AGREEMENT.

READ THE WHOLE AGREEMENT CAREFULLY BEFORE YOU CONTINUE TO

INSTALL THE SOFTWARE. BY INSTALLING AND/OR USING IT YOU AGREE TO
BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
WITH THESE TERMS THEN DO NOT INSTALL AND/OR USE THE SOFTWARE AND
RETURN IT TO YOUR PLACE OF PURCHASE. IF YOU HAVE RECEIVED THE
SOFTWARE DUE TO A DOWNLOAD, DELETE ALL ALREADY DOWNLOADED
DATA.

1. Definitions

Licenser: Pepperl+Fuchs SE, Lilienthalstr. 200, D-68307 Mannheim,

GERMANY

Software: Is defined as Software program and the related media on which the
Software is stored and as far as such are matter of the contractual
agreement including the corresponding documentation and/or the
electronic or online guidebooks, supplied by Licenser. Software for
purpose of this Agreement covers also updates and upgrades that have
been provided to you by the Licenser. The properties and/or
functionalities of the Software are defined in the corresponding
documentation and/or the electronic or online guidebooks

License: The Licenser grants to the Licensee the right to install and use the
Software on more than one workstation the same time. The License
implies that the Software may be used only in conjunction with devices
provided by the Licenser as specified in the offer of contract within a
single Plant

Update: Software or a piece of it having the same, minor improved or corrected

functionality, mainly generated under the condition to resolve found
software problems. Update-Changes in the software are expressed by an
increased digit in the version number. Software updates are free of
charge.
Upgrade: Software or a piece of it with an expanded and major improved
functionality typically generated at a time when old technology is
discontinued or a software generation jump is necessary in general.
Upgrade-Changes in the software are expressed by an increased major
version number before the decimal point. Software upgrades require a
new License.

2. Subject matter of the Agreement

2.1 The Licensee is provided with the Software specified in the offer of contract or
corresponding documentation and/or the electronic or online guidebooks on a data carrier or
by making the Software available for download on the Internet. A printed version of the user
documentation is not part of the Software.

2.2 The Software is composed as DTM (Device Type Manager) and needs a basic FDT (Field
Device Tool) Framework like PACTware™ to be operative. It builds the graphical user
interface and implies functions like visualization, diagnostics, analysis of the identification,
parameter, diagnosis and process data and the commissioning for the devices.

2.3 A Service Contract for the Software is not due and remains subject of a separate
Agreement with the Licenser if such is offered by the Licenser by his own discretion.

3. Grant of License

3.1 Subject to the terms and conditions set forth in this agreement, the Licenser grants the
Licensee a personal, non-exclusive and non-transferable license according to the following
provisions:

3.2 The Licenser grants to the Licensee the right to install the software on multiple
workstations in conjunction with devices provided by the Licenser, to be entitled to make as
many simultaneous installations as necessary on any appropriate workstation needed

3.3 The Licensee is entitled to make one copy of the data-carrier of the Software if necessary,
but for backup-purposes only clearly marked.

3.4 The Licensee shall only be entitled to sell the Software and to assign the License which he
has acquired under the terms of this agreement when he has bought it specifically for purposes
of reselling. In this case the Software has to be handed over in its original data carriers under
the condition, that the third party accepts to enter into the terms and conditions of this
agreement in written form. In the event the Software requires a piece of hardware to be
operative, it is obligatory that the Software is re-sold along with the hardware. In cases of
reselling the reseller shall refrain from using the resold Software.

3.5 The Licensee shall be entitled to obtain and use updates or upgrades to an existing original
version granted by the Licenser, only if the original License for basic version of the Software
is owned by him and .used according to the provisions of this agreement.
4. License Restrictions

4.1 The Licensee is in no way entitled to distribute, to assign, to share through an information
network, let, lease or grant any sublicenses of the software to any third parties unless
otherwise agreed to in this contract.

4.2 The Licensee may not change, alter, enhance any parts of the licensed Software and may
not make any modifications on the data-carrier or insofar he has the permission to make
duplicates to keep the contents unchanged during the copy.

4.3 The Licensee is not entitled to de-compile, disassemble or otherwise reverse engineer any
of the licensed Software, in whole or in parts or attempt to access or derive the source code of
the Software or any algorithms, concepts, techniques, methods or processes embodies therein.

5. Infringement of licences

5.1 In the event of violation of the provisions of article 3 to 4 by the Licensee, by his legal
representative or vicarious agents, the violator commits himself to pay for damages resulting
from the violation of the agreement while this agreement was in effect.

5.2 In the event that any material part of the Software becomes subject of a valid third party
claim of copyright, patent or other proprietary right infringement, the Licenser shall, at its
option, either (i) replace the Software with a compatible, functionally equivalent, non
infringing software product; (ii) modify the Software or take some other action so that it is no
longer infringing; (iii) procure the right for the Licensee to continue using the Software; or
(iv) if, in the sole discretion of the Licensor, none of the foregoing alternatives is reasonably
available, terminate this License.
In this case, the Licensee undertakes to return to the Licenser all software including all
accompanying material, to destroy all copies and to remove any software installed on
workstations.

5.3. The foregoing states the entire liability of the Licencer with respect to claims for
copyright or patent infringement and except as provided in this section Licenser shall have no
liability to Licensee whatsoever for any loss or damage or infringement claims against
Licensee by third parties arising out or related to any allegation or determination that
Licensee`s use of the Software infringes any proprietary or intellectual property right.

6. Ownership and Intellectual Property Rights, passing of risk

6.1 The License gives the Licensee the limited license just to use the Software.

6.2 All title and interest to, and intellectual property rights in, the licensed Software and any
related documents are and shall remain owned and/or controlled solely and exclusively by the
Licenser. The Licenser reserve all rights in the licensed Software not specifically granted to
the Licensee in this EULA, including National and International Copyright
6.3 Passing of the risk between Licenser and Licensee for the Software takes place at the time
the Software leaves the Licenser’s sphere of influence e.g. the data carrier on which the
software is stored was dispatched or the Software has left the server holding the software and
the download has been done.
7. Limited Warranty and Disclaimer

7.1 The Licensee expressly acknowledges and agrees that he is installing and using the
licensed Software at his own sole risk. The Licenser provides no remedies or warranties,
whether express or implied, for the licensed Software. It is provided “as is” without warranty,
term or condition of any kind unless otherwise agreed to in this contract.

7.2 The Licenser warrants for a period of 12 month from the date of passing of risk, that

(a) when the Software is used with a recommended hardware configuration, the Software will
perform in substantial conformance with the corresponding documentation and/or the
electronic or online guidebooks supplied with the Software; and that

(b) the physical media on which the Software is furnished will be free from defects in
materials and workmanship under normal use.

7.3 Except as set forth in the forgoing limited warranty with respect to the Licenser and its
Suppliers disclaim all other warranties whether express, implied or otherwise, including the
warranties of merchantability or fitness for a particular purpose. Also, the Licenser does not
warrant that the Software is error-free or will operate without interruption.

7.4 No additional oral or written information or advice given by the Licenser, its dealers,
distributors, agents or employees shall create a warranty or in any way increase the scope of
any warranty provided above.

7.5 There is defect in the Software if it does not have the above stipulated qualities and
properties on passing of the risk. Defects in the Software recognized on the Licensee’s side
can only be accepted when they are reconstructable or proven.

7.6 There is no defect if the Software is used on hardware or on an operating system which
does not meet the requirements which have been laid down in the offer of contract or in the
corresponding documentation and/or the electronic or online guidebooks. There is either no
defect in the following cases:
- damages resulting from faulty or negligent handling of the Software not caused
by the Licenser,
- damages resulting from particular external influences not assumed under the
contract,
- modifications made by the Licensee or third parties, and any consequences
resulting there from,
- software extensions made by the Licensee or a third party through the use of an
interface provided by The Licenser,
- incompatibility of the Software with the data processing environment of the
Licensee.

7.7 If there is any defect, the Licenser is entitled to choose the option of remedying the defect
by (a) refund of license fee or (b) delivering a substitute for the Software or the media or
(c)offering a subsequent performance.
7.8 The location for a subsequent performance is selected by the Licenser to be either at the
Licenser’s side or at the Licensee’s one.

7.9 Subsequent performance is considered to have failed after the third unsuccessful attempt.
If the subsequent performance fails, the Licensee is entitled to withdraw from the contract or
negotiate a price reduction.

8. Limitation of Liability

8.1 The maximum aggregate liability of the Licenser or its officers, directors, employees,
agents, distributors and resellers under this licenses for all losses or damages, expenses or
injuries either direct, indirect, incidental or otherwise, arsing out of the breach of any express
or implied warranty, term or condition, breach of contract ,tort , statue or any other legal
theory arsing out of, or related to, this agreement or your use of any of the licensed materials
shall be limited to the license fee paid by the Licensee hereunder.

In no event shall Licenser be liable to Licensee or any third Party for (a) loss of profits, loss of
revenue, (b) indirect, incidental or consequential losses even if advised of the possibility of
such (c) loss of data and loss of use of the product or any associated equipment down time.

8.2 The limitation of liability does neither apply when the Licenser is liable for intentional
breach of duty or gross negligence also on the part of this legal representative or other
vicarious agents, regardless of the legal ground nor when a higher liability is asked according
to compulsory statutory regulations such as but not limited to provided in the Product
Liability Act.

8.3 No action or proceeding relating to this agreement may be commenced by Licensee more
than one year after the cause of action arises.

9. Damages arising out of the Licensee actions

The Licensee shall defend and hold the Licenser harmless from and against any and all
liabilities, damages, costs, expenses or losses arising out of his use of the licensed materials,
his negligent or wrongful acts, his violation of any applicable laws or regulations, and/or his
breach of any provision of this EULA. Particularly defects in the Software have to be
indicated to the Licenser immediately after the defect has been noticed to prevent anyone
from harm.

10. Fees and payment terms

The total license fees for the Software are indicated in the order. The payment terms are
specified on the invoice. Late payments are subject to late payment charge of one per cent per
month or part thereof.

11. Governing Law and place of jurisdiction

11.1 The validity, interpretation and legal effect of this EULA shall be governed by, and
construed in accordance with, the laws of the Federal Republic of Germany. The courts of
Landgericht Mannheim, Germany, shall have sole jurisdiction of any controversies regarding
this agreement. Any action or other proceeding which involves such a controversy shall be
brought in those courts in Mannheim and not elsewhere.

12. Severability

12.1 Should any provision of this Agreement be determined to be overly broad, ambiguous or
otherwise unenforceable, such provision shall be redrafted in order to narrow its scope to the
extent necessary to make the provision reasonable and enforceable. If the scope of the
provision cannot be narrowed to such an extent that the provision will become enforceable,
such provision shall be severed from this Agreement.

12.2 In all cases the remainder of the Agreement shall continue in full force and effect.

13. Alterations

Alterations and changes of as well as amendments to this EULA are only valid when they
were made in writing and signed by both parties.