ABB End User License Agreement ("EULA")

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ABB GENWAY XIAMEN ELECTRICAL EQUIPMENT CO., LTD or its affiliates (the "Company") for the "SOFTWARE PRODUCT". SOFTWARE PRODUCT means the machine readable (object code) version of the computer programs including firmware, any copies made, bug fixes for, updates to, or upgrades thereof, and associated software components, media, printed materials, and "online" or electronic documentation.."Use" or "Using" means to download, install, copy, activate, access or otherwise use the SOFTWARE PRODUCT. By Using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you are entering into this EULA on behalf of an entity, you represent that you have authority to bind that entity. This EULA represents the entire agreement concerning the program between you and the Company, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or Use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE.

(a) Use.

The Company grants to you a non-exclusive and non-transferable right to Use the SOFTWARE PRODUCT on your computer. The Company will keep track of the number of activations made by you.

(b) Backup Copies.

You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Maintenance of Intellectual Property Notices.

You must not remove, modify, alter or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within any and all copies of the SOFTWARE PRODUCT.

(b) Distribution.

You may not distribute registered copies of the SOFTWARE PRODUCT to third parties.

You may not transfer, sublicense, or assign your rights under this license to any other person or entity, unless expressly authorized by the Company in writing;

(d) Prohibition on Reverse Engineering, Recompilation, and Disassembly.

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(e) Rental.

You may not rent, lease, or lend the SOFTWARE PRODUCT.

(f) Support Services.

The Company may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.

(g) Compliance with Applicable Laws.

You must comply with all applicable laws regarding Use of the SOFTWARE PRODUCT.

3. TERMINATION

This EULA shall remain effective until terminated or until the expiration of the applicable license or subscription term. Without prejudice to any other rights, the Company may immediately terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.

4. INTELLECTUAL PROPERTY AND OWNERSHIP

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by the Company or its suppliers. All title and intellectual property rights in and to the content which may be accessed through Use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by the Company.

The Company retains ownership of all intellectual property rights in and to the SOFTWARE PRODUCT or any document or data provided by the Company in connection therewith, including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to Use the SOFTWARE PRODUCT are limited to those expressly granted by this EULA. No other rights with respect to the SOFTWARE PRODUCT or any related intellectual property rights are granted or implied.

You agrees not to provide or to otherwise make available in any form the SOFTWARE PRODUCT, or any portion thereof, to any third party, unless expressly authorized by the Company in writing. You further agrees to treat the SOFTWARE PRODUCT with at least the same degree of care with which you treats your own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the SOFTWARE PRODUCT.

5. DISCLAIMER

The Company expressly disclaims any warranty for the SOFTWARE PRODUCT.

THIS SOFTWARE PRODUCT IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SOFTWARE PRODUCT OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, PERSONAL INJURY, LOSS OF PRIVACY OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.

6. LIABILITY AND INDEMNITY.

All liability of the Company to you whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed the license fees paid by you for the SOFTWARE PRODUCT that gave rise to the claim. This limitation of liability for SOFTWARE PRODUCT is cumulative and not per incident.

The warranties do not apply if the SOFTWARE PRODUCT (a) has been altered, except by the Company, (b) has not been installed, operated, repaired, used or maintained in accordance with instructions made available by the Company, (c) has been subjected to abnormal or unusual physical or electrical stress or environmental conditions, misused, or negligently handled or operated; (d) is acquired by you for beta, evaluation, testing, demonstration purposes or other circumstances for which the Company does not receive a payment of a purchase price or license fee.

In the event of any third party claims against the Company arising out of or in connection with your Use of the SOFTWARE PRODUCT, you agree to indemnify and keep the Company from and against all costs, claims, demands, liabilities, expenses, damages or losses.

7. GOVERNING LAW

This EULA shall be governed by and construed in accordance with the laws of the People’s Republic of China under exclusion of its conflict of laws rules. Any dispute or difference arising out of or in connection with this EULA, including any question regarding its existence, validity or termination or the legal relationships established by this EULA, which cannot be settled amicably within sixty (60) calendar days from the notification by one Party to the other Party of such dispute, shall be resolved by arbitration and submitted to Beijing Arbitration Commission in Beijing according to valid arbitration rules at that time. The language of the arbitration shall be Chinese.