ORIGINAL EQUIPMENT MANUFACTURER (OEM) AND END USER LICENSE AGREEMENT

THE FOLLOWING LICENSE AGREEMENT IS APPLICABLE FOR ANY OEM OR END USER DOWNLOADING, USING AND DISTRIBUTING (OEM ONLY) DRIVER SOFTWARE FROM ELO TOUCH SOLUTIONS.

BY DOWNLOADING AND/OR INSTALLING AND/OR USING AND DISTRIBUTING THE SOFTWARE YOU AGREE THAT THE USE OF SOFTWARE AVAILABLE AT THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW. IF YOU AGREE TO THESE TERMS, PLEASE CHOOSE THE “ACCEPT” OPTION LOCATED ADJACENT TO THE SCREEN WHERE THIS AGREEMENT IS DISPLAYED. IF YOU DO NOT AGREE TO THESE LICENSE TERMS, PLEASE CHOOSE THE “DECLINE” OPTION AND DO NOT DOWNLOAD ANY SOFTWARE FROM THIS SITE. IF YOU ARE DOWNLOADING THIS SOFTWARE 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. (hereinafter referred to as "ELO"), for the proprietary software portion of ELO touchscreen(s) and controller(s) or touchmonitor(s), which includes the accompanying computer software, printed materials and any "online" or electronic documentation ("SOFTWARE"). The SOFTWARE is protected 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 the extent necessary for such installation, and distribute solely in object code form one copy of the SOFTWARE on a single computer/device integrating or associated with a single ELO touchscreen and controller or touchmonitor ("Elo Touch Products") or integrating or associated with 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 copy of the SOFTWARE on a storage device, such as a network server, used only to install or run the SOFTWARE on a client computer over an internal network only to the extent such client computer 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 or to have anyone perform such operations on your behalf, except and only to the extent that such activity 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 and printed materials, any upgrades, and, if applicable, the certificate of Authenticity) to your customers and/or end-users solely for the purpose of operating the Licensed System with the accompanying 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 the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by ELO, or its suppliers. The SOFTWARE is protected by U.S. copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted 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 make and 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 changes of any type (whether omissions, deletions, additions or modifications) are not made to such printed 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 your single computer or Licensed System. You may not use or install the other medium on another computer 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 permanent transfer (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 in subparagraph (c )(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c )(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Elo Touch Solutions, Inc. 1033 McCarthy Blvd. Milpitas, CA 95035.

6. CONSENT TO USE OF DATA. You agree that ELO and its affiliates may collect and use technical information you provide in relation to support services related to the SOFTWARE. ELO agrees not to use this information 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, OF THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR CURRENTNESS. IF THE INCLUDED SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS ARE INSTALLED OR USED BY YOU, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND ANY FURTHER PROGRAMS OR WRITTEN MATERIALS DEVELOPED UTILIZING THESE MATERIALS IS ASSUMED BY YOU.
EXCEPT AS PROVIDED ABOVE, ELO DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WARRANTIES, WITH RESPECT TO THE SOFTWARE OR WRITTEN MATERIALS. IN NO EVENT SHALL ELO BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF ELO IS ADVISED OF THE LIKELIHOOD OF SAME. THE MAXIMUM LIABILITY OF ELO FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SOFTWARE 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 that is a Linux OS driver, 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 with such software be
(a) disclosed or distributed in source code form;
(b) licensed for the purpose of making derivative works;
(c) redistributable at no charge); and any such excluded software portions subject to an Excluded License are and remain governed by the terms and conditions of the applicable Excluded License. In addition, all or any portion of the SOFTWARE which constitutes 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 the Freeware by you shall be governed entirely by the terms and conditions of such license.

9. GENERAL. The terms of this Agreement shall take precedence over any inconsistent or conflicting terms referenced or attached to purchase orders, order acknowledgments or invoices transmitted between the parties. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regards to its conflict of law provisions.