ORIGINAL EQUIPMENT MANUFACTURER (OEM) AND END USER LICENSE AGREEMENTLast updated: June 5, 2020THE FOLLOWING LICENSE AGREEMENT IS APPLICABLE FOR ANY OEM OR END USERDOWNLOADING, USING AND DISTRIBUTING (OEM ONLY) DRIVER SOFTWARE FROMELO TOUCH SOLUTIONS.
BY DOWNLOADING AND/OR INSTALLING AND/OR USING AND DISTRIBUTING THESOFTWARE YOU AGREE THAT THE USE OF SOFTWARE AVAILABLE AT THIS SITE ISSUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW. IF YOU AGREE TO THESETERMS, PLEASE CHOOSE THE “I ACCEPT” OPTION LOCATED ADJACENT TO THESCREEN WHERE THIS AGREEMENT IS DISPLAYED. IF YOU DO NOT AGREE TO THESELICENSE TERMS, PLEASE CHOOSE THE “I DO NOT ACCEPT” OPTION AND DO NOTDOWNLOAD ANY SOFTWARE FROM THIS SITE. IF YOU ARE DOWNLOADING THISSOFTWARE ON BEHALF OF A COMPANY YOU REPRESENT AND WARRANT THAT YOU
HAVE THE AUTHORITY TO BIND THE COMPANY.
This Driver License Agreement ("Agreement") is a legal agreement between you (“You”, either
as an OEM, or other company, or as an End User) and Elo Touch Solutions, Inc. (hereinafterreferred to as "ELO"), for the proprietary software portion of ELO touchscreen(s) andcontroller(s) or touchmonitor(s), which includes the accompanying computer software, printed
materials and any "online" or electronic documentation ("SOFTWARE"). The SOFTWARE isprotected by U.S. and international copyright laws and treaties, as well as other intellectual
property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE.
This Agreement grants you the following rights: (a) as an OEM, You may install, use to theextent necessary for such installation, and distribute solely in object code form one copy of theSOFTWARE on a single computer/device integrating or associated with a single ELO
touchscreen and controller or touchmonitor ("ELO Touch Products") or integrating or associatedwith multiple ELO Touch Products (such computer/device being referred to as "Licensed
System") solely for operation with such ELO Touch Products. (b) as an End User, You may
install and/or use (if SOFTWARE already installed) one copy of the SOFTWARE on a single
computer/device integrating or associated with a single ELO Touch Products or Licensed
System solely for operation with such ELO Touch Products. You may also store or install a copyof the SOFTWARE on a storage device, such as a network server, used only to install or run theSOFTWARE on a client computer over an internal network only to the extent such clientcomputer is used with ELO Touch Products in conjunction with the SOFTWARE. A license for
the SOFTWARE may not be shared or used concurrently on different computers.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
You agree not to reverse engineer, decompile, or disassemble the SOFTWARE by yourself orto have anyone perform such operations on your behalf, except and only to the extent that suchactivity is expressly permitted by applicable law notwithstanding this limitation. The SOFTWARE
is licensed as a single product. Its component parts may not be separated for use on more than
one computer. You may not rent, lease, or sublicense the SOFTWARE. If you are an OEM You
may sublicense the right to use SOFTWARE (including all component parts, the media andprinted materials, any upgrades, and, if applicable, the certificate of Authenticity) to yourcustomers and/or end-users solely for the purpose of operating the Licensed System with theaccompanying ELO Touch Products.

Without prejudice to any other rights, ELO may terminate this Agreement if you fail to comply
with the terms and conditions of this Agreement. In such event, you must destroy all copies of
the SOFTWARE and all of its component parts. All rights not expressly granted hereunder are
expressly reserved by ELO or its licensors.
3. COPYRIGHT.
All title and copyrights in and to the SOFTWARE (including but not limited to any images,
photographs, animations, video, audio, music, text and "applets," incorporated into theSOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, areowned by ELO, or its suppliers. The SOFTWARE is protected by U.S. copyright laws andinternational treaty provisions. Therefore, you must treat the SOFTWARE like any othercopyrighted material provided however, You may either (a) make one copy of the SOFTWARE
solely for backup or archival purposes, or (b) install a copy of the SOFTWARE on a single
computer provided You keep the original solely for backup or archival purposes. You may makeand distribute one copy of the printed materials (in either printed or electronic form)
accompanying the ELO Touch Products for each Licensed System solely for use in connection
with the accompanying ELO Touch Products by an end-user of such Licensed System, provided
such copy of the printed materials accompany the ELO Touch Products and provided changesof any type (whether omissions, deletions, additions or modifications) are not made to suchprinted materials.
4. MEDIA SOFTWARE.
You may receive the SOFTWARE in more than one medium or by downloading from the ELO
website. Regardless of the type, you may use only one medium that is appropriate for yoursingle computer or Licensed System. You may not use or install the other medium on anothercomputer or device, except as expressly provided in this Agreement. You may not loan, rent,
lease, or otherwise transfer the other medium to another use, except as part of the permanenttransfer (as provided above) of the entire ELO Touch Products as part of the Licensed System.
5. U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use,duplication, or disclosure by the Government is subject to restrictions as set forth insubparagraph (c )(1)(ii) of the Rights in Technical Data and Computer Software clause atDFARS 252.227-7013 or subparagraphs (c )(1) and (2) of the Commercial Computer SoftwareRestricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Elo Touch Solutions, Inc.
670 N. McCarthy Blvd. Milpitas, CA 95035.
6. CONSENT TO USE OF DATA.
Any ELO Touch Products purchased either from ELO or from any of ELO’s authorized
distributors or resellers for any use is subject to ELO’s Terms and Conditions of Sale atwww.elotouch.com. If there is a conflict between this Agreement and ELO’s Terms andConditions of Sale, this Agreement will govern as it relates to the SOFTWARE and ELO’sTerms and Conditions of Sale will govern as it relates to purchases of such ELO Touch
Products. You agree that subsection (g) of the “Software and Services” section of ELO’s Termsand Conditions of Sale applies to the SOFTWARE and does not conflict with this Agreement.
You agree that ELO, its affiliates, or a third-party provider may obtain, receive, collect and useinformation pertaining to your use of the SOFTWARE, ELO Touch Products, and/or support
services related to the SOFTWARE or ELO Touch Products. ELO agrees not to use thisinformation in a form that personally identifies you except to the extent necessary to provide
such services.

7. WARRANTY DISCLAIMER.
THIS SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS"WITHOUT WARRANTY OF ANY KIND. FURTHER, ELO DOES NOT GUARANTEE, OR MAKE
ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OFTHE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS IN TERMS OFCORRECTNESS, ACCURACY, RELIABILITY OR CURRENTNESS. IF THE INCLUDEDSOFTWARE OR ACCOMPANYING WRITTEN MATERIALS ARE INSTALLED OR USED BYYOU, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, ORCORRECTION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THESOFTWARE AND ANY FURTHER PROGRAMS OR WRITTEN MATERIALS DEVELOPEDUTILIZING THESE MATERIALS IS ASSUMED BY YOU.
EXCEPT AS PROVIDED ABOVE, ELO DISCLAIMS ALL WARRANTIES, EITHEREXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WARRANTIES, WITH RESPECT TO THE SOFTWARE OR WRITTENMATERIALS. IN NO EVENT SHALL ELO BE LIABLE FOR ANY INCIDENTAL, INDIRECT,SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF ELO IS ADVISED OFTHE LIKELIHOOD OF SAME. THE MAXIMUM LIABILITY OF ELO FOR ANY DAMAGESARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THESOFTWARE SHALL NOT EXCEED $50.
8. EXCLUDED SOFTWARE AND FREEWARE.
If you are downloading and/or installing and/or using and distributing any SOFTWARE provided
by ELO, you should note that SOFTWARE that is subject to this Agreement excludes any
software portions thereof that may be subject to an Excluded License ("Excluded License"means any license that requires, as a condition of use, modification or distribution of software
subject to such license, that such software or other software combined and/or distributed withsuch software be (a) disclosed or distributed in source code form; (b) licensed for the purpose of
making derivative works; or (c) redistributable at no charge); and any such excluded software
portions subject to an Excluded License are and remain governed by the terms and conditionsof the applicable Excluded License. In addition, all or any portion of the SOFTWARE whichconstitutes non-proprietary ELO software or software provided under public license by third
parties ("Freeware"), is licensed to you subject to the terms and conditions of the software
license agreement accompanying such Freeware whether in the form of a discrete agreement,
shrink wrap license or electronic license terms accepted at time of download. Use of theFreeware by you shall be governed entirely by the terms and conditions of such license.
Attached Exhibit A contains Excluded Licenses and Freeware information.
9. GENERAL. The terms of this Agreement shall take precedence over any inconsistent orconflicting terms referenced or attached to purchase orders, order acknowledgments or invoices
transmitted between the parties. This Agreement shall be governed by and construed inaccordance with the laws of the State of California without regards to its conflict of law
provisions.
Copyright © 2020 Elo Touch Solutions, Inc. All rights reserved.
GA000069 REV A

Exhibit A
Excluded Licenses - Freeware
OpenHardwareMonitor License
The source code of the Open Hardware Monitor is available under licenses which are both freeand open source. Most of it is available under the Mozilla Public License 2.0 (MPL) available athttps://openhardwaremonitor.org/license/#mozilla-public-license-version-2.0. The remainder ofthe software which is not under the MPL is available under one of a variety of other licenses
listed at the end of the MPL including Aga.Controls License, WinRing0 License, jQuery License,and Knockout License. The Source Code form of the Open Hardware Monitor is available fromElo under controlled document number SC000101. Please contact Elo Support.
This Source Code Form is subject to the terms of the Mozilla Public License, v. 2.0. If a copy of
the MPL was not distributed with this file, You can obtain one at http://mozilla.org/MPL/2.0/.
EAPI License
Copyright (c) 2009-2010, PICMG
All rights reserved. This program and the accompanying materials are licensed and madeavailable under the terms and conditions of the BSD License which accompanies thisdistribution. The full text of the license may be found at http://opensource.org/licenses/bsdlicense.php
THE PROGRAM IS DISTRIBUTED UNDER THE BSD LICENSE ON AN "AS IS" BASIS,WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED.
WinRing0 LicenseThis license applies to the WinRing0 device drivers.
Copyright (c) 2007-2009 OpenLibSys.org. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted
provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions
and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list ofconditions and the following disclaimer in the documentation and/or other materials provided
with the distribution.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIESOF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUTNOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OFUSE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ONANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OFTHIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.