3D SYSTEMS, INC.
MAINTENANCE TERMS AND CONDITIONS
Effective July 1, 2019

These Standard Terms and Conditions apply to any agreement for the provision of maintenancerelating to equipment (“Equipment”) sold or leased by 3D Systems, Inc. or any of its affiliates
worldwide (“3D Systems”) to a customer (“Customer”) (these terms and conditions, together withthe related agreement and/or purchase order relating to the provision of maintenance shallconstitute a “Maintenance Agreement”).

1. GENERAL PROVISION – Upon execution of an effective Maintenance Agreement by an authorized representative of Customer
and 3D Systems, 3D Systems or an approved third party will provide services for the Equipment specified in the MaintenanceAgreement. After an initial Maintenance Agreement is executed, automatic web-based annual renewals may be available
with respect to certain Equipment. No additions or modifications of the Maintenance Agreement shall be valid unless in writing
and signed by an authorized representative of 3D Systems and Customer.
2. SERVICES – 3D Systems agrees, for the term of the Maintenance Agreement, to provide:
PHONE SERVICE – 3D Systems will provide telephone support, during business days of Monday to Friday from 8:00
a.m. to 5:00 p.m. 3D Systems will promptly respond to any recorded messages from the Customer.
REPLACEMENT PARTS – 3D Systems will provide replacement parts as specified by contract type and deemednecessary and authorized by 3D Systems’ personnel. Replacement parts, excluding laser heads and laser assemblies
which have special warranty provisions depending upon the model, are warranted for ninety (90) days from the date ofinstallation or as required by local law. All parts deemed returnable must be returned within thirty (30) calendar days, andparts not returned will be charged at 3D Systems then current list price. CUSTOMER ACKNOWLEDGES THAT INPERFORMING MAINTENANCE SERVICES 3D SYSTEMS MAY USE, WITHOUT SPECIFIC IDENTIFICATION,COMPONENTS, PARTS OR MATERIALS THAT CONSIST OF OR INCLUDE RECYCLED CONTENT, INCLUDINGCOMPONENTS, PARTS OR MATERIALS THAT ARE USED OR RECONDITIONED TO LIKE-NEW PERFORMANCEAND FUNCTIONALITY.
ON-SITE SERVICE – All on-site service will be centrally dispatched and responded to within the time specified by contract
type. Hours of operation for service are 8:00 a.m. to 5:00 p.m. Remedial maintenance service begun during normal hours ofoperation may extend up to two (2) hours beyond such period at no additional charge. If however, the remedial maintenanceservice is provided beyond this two (2) hour period, 3D Systems will charge the then current hourly rate for all services
beyond 7:00 p.m.
UNSCHEDULED EXTENDED MAINTENANCE SERVICE – Customer may request remedial maintenance service
beyond the terms of the Maintenance Agreement and on Saturdays, Sundays and 3D Systems’ holidays on aprescheduled basis in accordance with 3D Systems’ then current applicable hourly labor rates for services on suchdays. Additional fees may apply depending upon contract type.
3D CONNECT- Customer acknowledges that Equipment which is 3D Connect Service enabled must be connected to the 3D
Connect Service cloud and allow upload of Equipment sensor data to 3D Systems support personnel. 3D Connect Service
automatically sends information to 3D Systems about the Equipment and material usage, and Equipment performanceparameters (personal and design data is excluded), and will automatically download and install updated software whenavailable. If required, Customer allows 3D Systems authorized personnel to install 3D Connect Service hardware adapter at thecustomer site which requires access to the internet through a LAN connection, with dedicated IP address to be supplied by theCustomer. 3D Systems makes no guarantees on fault detection or service response time unless specified by contract type.
Customer may receive limited support or delayed service if customer fails to maintain connection to the 3D Connect Servicecloud. Upon expiration of this maintenance agreement 3D Systems reserves the right to deactivate 3D Connect Service andrequire the return of all 3D Connect Service hardware.
3. TERM – The initial term of the Maintenance Agreement shall be for a period of one (1) year (unless otherwise indicated)from the date service is to commence as identified in the Maintenance Agreement or as otherwise specified in theMaintenance Agreement. 3D Systems will use its reasonable efforts to notify the Customer at least sixty (60) days in advanceof the Maintenance Agreement expiration. Upon expiration, the Maintenance Agreement shall continue for an additional one(1) year term unless the Customer has notified 3D Systems in writing at least thirty (30) days prior to the expiration that theywant to cancel the Agreement, in which case it shall terminate on the date of expiration or opt out of our auto renewal program.
Any cancellation after the Maintenance Agreement renewal is subject to our Cancellation policy in Section 5 of this Agreement.
Maintenance Agreement pricing may be adjusted on an annual basis, effective on the anniversary date of the Start Date of theMaintenance Agreement, and will be included in the notice that 3D Systems provides at least sixty (60) days in advance of theMaintenance Agreement expiration (if no pricing change is noticed, the prior year’s pricing shall apply). In the event Customer
seeks a Maintenance Agreement after lapse of warranty or maintenance coverage, Customer’s Equipment may be subject toinspection, in accordance with Section 8 below, and a reactivation fee may be required before any subsequent execution of a
Maintenance Agreement.

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pn: 33-D229, Rev. B3D SYSTEMS, INC.
MAINTENANCE TERMS AND CONDITIONS
Effective July 1, 2019

4. PAYMENT AND TAXES – Charges set forth in the Maintenance Agreement plus any taxes the Customer shall be obligatedto pay will be invoiced as agreed to between the parties either (i) on a monthly basis, in advance on the first of each monthincluding a monthly administration fee with payment due within fifteen (15) days after the first of each such month, (ii) on aquarterly basis, in advance on the first of each quarter, including a quarterly administration fee, with payment due within
fifteen (15) days after the first of each such month, (iii) on an annual basis, in advance, for the full one (1) year renewal periodwith payment due within thirty (30) days after the first day of the renewal period or (iv) as otherwise stipulated in theMaintenance Agreement. Depending on the Customer’s location, certain expenses including, but not limited to, travel may becharged separately from any annual maintenance fee on a time and materials basis as identified in the MaintenanceAgreement. If payment is not made on or before the due date, the Customer will be liable to 3D Systems for intereston the unpaid amount at the lesser of 1-1/2% per month or the highest legal interest rate on the unpaid balance commencing
on the payment due date and ending on the date payment is received by 3D Systems.
5. CANCELLATION – Customer bears all responsibility of ensuring effective cancellation of the Customer’s account. This
responsibility includes providing effective and verifiable notification to 3D Systems of Customer's desire to cancel anaccount. 3D Systems must receive a 90-day prior written notice of the Customer’s intent to cancel this contract. If Customer
has a balance due at the time of the cancellation for service performed prior to the cancellation date, this balance must bepaid in full. In addition, the Customer will be liable for a cancellation fee in an amount equal to the lesser of (i) an amountequal to the applicable maintenance charges for a period of 90 days and (ii) the outstanding balance due on theMaintenance Agreement. 3D Systems will act immediately upon receipt of notification to implement Customer’s cancellation
notice, provided the terms of this cancellation policy have been followed. 3D Systems reserves the right, in its sole discretion,
to suspend or cancel the Customer’s account(s) (i) for any reason upon 30 days prior written notice to the Customer and therefund, if applicable, of any amount paid by the Customer for the remaining portion of the current Term after the termination
date, or (ii) without further warning upon any the occurrence of any delinquent payments, or if the terms and conditions outlinedherein are violated.
6. EXCLUDED SERVICES – The maintenance service to be provided by 3D Systems under the Maintenance Agreement shallnot include the following unless specifically stated therein:
EQUIPMENT –- Any parts that are identified as “Consumables” and any other wear items including consumables relating to the materials
that the Equipment runs that are subject to failure as a result of normal wear and tear.- Any lasers or imagers unlessotherwise provided for in the Maintenance Agreement.
- Any Force Majeure event (as described in Section 9 below) that damages the Equipment.
- Electrical work external to the Equipment.
- Maintenance of accessories, attachments, machines, features or devices other than the Equipment.
- Supplies, accessories or any aesthetic-only parts or services that do not affect machine performance such as painting orrefinishing of the Equipment, windows or dents in sheet metal.
- Repair of damage resulting from (1) accident, transportation, neglect or misuse by Customer, (2) causes external to theEquipment such as, but not limited to failure or fluctuation of electrical power, air conditioning, or humidity control or (3) any
cause other than ordinary use including the use of non-integrated, non-approved or non-licensed Materials in theEquipment. With respect to any such repairs, 3D Systems may submit a description of the work which is necessary torestore the Equipment to proper working order and the related charges to do that work and Customer may then decide toengage 3D Systems to perform the work on a time and materials basis or to engage a third party, in which case, unlessotherwise agreed by 3D Systems, 3D Systems shall have no warranty or other liability with regard to any work performed.
- Repair of damage resulting from improper installation, handling, or interactions with other failed parts within the Equipment,
unless installation was performed by a certified 3D Systems employee or servicing partner.
- Service which 3D Systems deems to be technically impractical for its representatives to render because of alterations
made to the Equipment either without the express written consent of 3D Systems or by any other person not authorized by
3D Systems to perform the work.
- Relocation of Equipment for any reason.
7. LIMITATION OF LIABILITY – 3D Systems will not be responsible to Customer for consequential, exemplary, punitive or
incidental damages (including without limitation loss of profit or employee’s time) regardless of the reason. In no event shallthe liability and/or obligations of 3D Systems under the Maintenance Agreement or arising out of use of the Equipment byCustomer or others exceed the price previously paid for maintenance by the Customer during the then current term as set
forth in the Maintenance Agreement.

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3D SYSTEMS, INC.
MAINTENANCE TERMS AND CONDITIONS
Effective July 1, 2019

8. MISCELLANEOUS – If the Equipment covered by the Maintenance Agreement is not newly installed or was not under a 3D
Systems’ maintenance agreement or warranty immediately prior to the commencement date of maintenance under theMaintenance Agreement, it will be subject to inspection by 3D Systems to determine if it complies with 3D Systems’
minimum acceptable maintenance standards. 3D Systems will notify Customer of any repairs or adjustments deemednecessary to bring the Equipment up to such standard. Upon Customer authorization, any such repairs or adjustments willbe made by 3D Systems at Customer’s expense prior to the commencement of maintenance service.
The Maintenance Agreement shall be binding upon and inure to the benefit of the parties and of their subsidiaries and theirrespective successors. In the event Customer assigns the Maintenance Agreement or any portion thereof to a Subsidiary oraffiliate, Customer shall guarantee payment of all monies due to 3D Systems under the Maintenance Agreement. The
Maintenance Agreement cannot be assigned by Customer to any unaffiliated party without the prior written consent of 3DSystems.
In order to perform services hereunder, Customer shall provide 3D Systems with full access to the Equipment (which may
require a remote Internet connection), and provide at no charge for 3D Systems’ use, all facilities such as working space,electricity and local telephone.
Eligibility for a maintenance agreement may require the installation and appropriate evidence of critical printer software
upgrades to the minimally accepted maintenance standard where applicable.
ALL EXCHANGED COMPONENTS, PARTS, AND MATERIALS SHALL UPON THEIR REMOVAL FROM THE
EQUIPMENT BECOME THE PROPERTY OF 3D SYSTEMS.
9.

FORCE MAJEURE – Neither party will be liable to the other for delays in performing any obligations under the MaintenanceAgreement due to circumstances beyond its reasonable control, including but not limited to revolts, insurrections, riots, wars,acts of enemies, national emergencies, strikes, floods, hurricanes, earthquakes, embargoes, inability to secure materials ortransportation, and acts of God, nature or governmental authorities.

10. NO WARRANTIES – There are no express or implied warranties, including the implied warranties of merchantability andfitness for a particular purpose respecting the Maintenance Agreement or the services or any component or part furnishedpursuant to the Maintenance Agreement.
11. SEVERABILITY – If any provision of the Maintenance Agreement is found to be invalid, illegal or unenforceable, then,notwithstanding such invalidity, illegality or unenforceability, the Maintenance Agreement and the remaining provisions shallcontinue in full force and effect.
12. DISPUTE RESOLUTION – Customer and 3D Systems shall endeavor to resolve any controversy, claim or dispute arisingout of or relating to the Maintenance Agreement, or the performance or breach thereof, by negotiation. Any claim that is not
resolved by negotiation within thirty (30) days of notification, shall be settled by arbitration administered by the American
Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may
be entered in any court having jurisdiction thereof. The hearing locale will be held in the AAA office closest to the 3D
Systems corporate headquarters.
13. OTHER –A. The Maintenance Agreement shall be governed by and construed in accordance with the laws of theState of New York without regard to conflicts of laws provisions thereof.
B. Both 3D Systems and Customer will comply with all laws applicable to the Maintenance Agreement.
C. All notices given under the Maintenance Agreement will be effective when received in writing. Notices tothe Customer and 3D Systems will be sent to the address provided in the Maintenance Agreement.
14. COMPLETE AGREEMENT – Customer acknowledges that it has read the Maintenance Agreement, understands it, and agrees
to be bound by its terms and conditions. Further, Customer represents and agrees that the Maintenance Agreement sets
forth the complete and exclusive statement of the agreement including the governing terms and conditions between the parties
as it relates to the maintenance of the subject Equipment, which shall prevail over and supersede all proposals, printed
provisions on subordinate Customer documents including purchase orders, oral or written agreements, the Customer’s generaland conditions and all other communications between the parties relating to the subject matter of the Maintenance Agreement.

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