END-USER LICENSE AGREEMENT

(hereinafter referred to as: EULA)

Version

BY INSTALLING, COPYING OR OTHERWISE USING ALL OR ANY PART OF THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. READ CAREFULLY THE TERMS OF THIS EULA BEFORE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.

This EULA is between RIEGL Laser Measurement Systems GmbH (hereinafter referred to as RIEGL) and an individual or entity purchasing a RIEGL software license package (hereinafter referred to as End-User).

1. RIEGL grants herewith the End-User a limited, personal, non-exclusive, non-transferable and non- sublicensable license to use the software and its associated documentation, whether in printed, online or electronic form, (hereinafter collectively referred to as Software), under the terms and conditions set forth herein.

2. The Software terms and conditions of the Fachverband der Elektro- und Elektronikindustrie Österreichs (FEEI Software Terms) are an integral part of this EULA. If individual provisions of the FEEI Software Terms are directly in conflict with provisions set out herein, the provisions set out herein shall take precedence. The latest version of the FEEI Software Terms is to be found at FEEI' website ( www.feei.at). The current version of the FEEI Software Terms is available under the following link: https://www.feei.at/sites/default/files/downloads/softwarebedingungen_e_2012_final.pdf

3. RIEGL reserves the right to update, change, amend, modify, remove or replace the terms of this EULA or any portion thereof, for instance, in case of a release of an updated version of the Software and will inform the End-User accordingly. The End-User shall consent to such amendments before using the updated Software version.

4. RIEGL has advised the End-User and End-User understands that the Software i.) is designed for enhancing the usability of RIEGL equipment and, unless if otherwise indicated by RIEGL, it shall work solely in conjunction with RIEGL hardware and/or software products; ii.) might contain third party libraries/software (such as but not limited to public domain software, code sequences etc.) which may be subject to additional or alternative terms.

5. End-User may copy the Software for the limited purpose of creating a single backup copy. Copyright and proprietary notices must be retained in all copies of the Software verbatim.

6. End-User shall not, nor attempt to, itself or by encouraging, permitting, abetting or aiding any third party to do so, alter, translate, decompile, disassemble, reverse engineer or extract the Software's source code.

7. Except as otherwise stated herein, End-User shall not modify, reproduce, copy, distribute or otherwise disseminate all or any part of the Software. Furthermore, End-User may NOT distribute, modify, publish or bundle the Software for commercial purposes or package it for reselling purposes, without RIEGL's prior written consent.

8. Unless otherwise agreed between the parties, RIEGL has the right but not the obligation to provide maintenance, updates, enhancements, modifications of the Software and other such additional services. Provided that End-User has paid maintenance fees, RIEGL may, during the paid maintenance period, make updates available to the End-User. Without prejudice to any additional, specific or alternative user policies provided by RIEGL, all and every such services shall be subject to the terms and conditions of this EULA.

9. It lies wholly within the responsibility of the End-User to get informed about and/or to download any updates, enhancements or modified versions of the Software. Unless if otherwise indicated by RIEGL, RIEGL's website is the only regular source of valid downloads concerning the Software. End-User shall register at RIEGL's website with an account name clearly referring to the End-User. Such registration is free of charge.

10. The Software is protected by copyright laws and international treaties. The Software is licensed, not sold. Nothing in this EULA shall operate to create or transfer an ownership or other interest in RIEGL's intellectual and industrial property rights, its confidential information or any other proprietary materials in the possession of the End-User as a result of this EULA. All rights not expressly granted herein are reserved entirely by RIEGL.

11. The Software is provided on an AS IS basis. To the maximum extent permitted by law, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, CERTIFICATIONS, ASSURANCIES AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ARE EXPRESSLY EXCLUDED AND ARE EXPRESSLY DISCLAIMED BY RIEGL AND ITS SUPPLIERS. Without limiting the generality of the foregoing, RIEGL does not warrant that the Software will operate uninterrupted or error free, or in any combination that may be selected for use by the End-User (e.g. in combination with other software). Furthermore, RIEGL does not warrant that any Software errors, defects or inefficiencies will be recovered or corrected, nor does RIEGL assume any liability in case it fails to do so.

12. IN NO EVENT SHALL RIEGL, ITS AFFILIATES, SUPPLIERS AND/OR THESE PARTIES' DIRECT OR INDIRECT OFFICERS AND EMPLOYEES, BE HELD LIABLE TO THE END-USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER LIABILITY OF ANY NATURE, EVEN IF RIEGL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In any case, RIEGL's entire/cumulative liability, if any, and End-User's exclusive remedy shall not exceed the price paid for the Software.

13. The use of the Software lies solely within the responsibility of the End-User. Without limiting the generality of the foregoing, RIEGL shall not be liable in case the use or inability to use the Software results in, for instance but not limited to, loss or corruption of data.

14. The End-User acknowledges that the Software might fall within the scope of various national (Austrian) and international (EU, UN) export control laws and regulations. The End-User must NOT download or use the Software:

i) from any country subject to an applicable export control embargo;

ii) in case he/she is a citizen or resident of prohibited countries;

iii) in case he/she/it is on a list of denied persons, or is controlled by someone who is on such list;

iv) for purposes directly or indirectly related to the proliferation of nuclear, chemical or biological weapons or missiles.

15. Term/Termination: This EULA shall remain in full force and effect unless terminated. Without prejudice to any other rights, RIEGL may terminate the EULA in the event that End-User breaches or fails to comply with any terms and provisions herein. Upon termination: i.) all rights and licenses granted to the End-User shall be reversed and terminated; ii.) End-User shall have no right thereafter to use the Software or any portion thereof; and iii.) End-User shall discontinue to use and either destroy or return all copies of the Software to RIEGL.

16. Miscellaneous

I. The EULA shall be exclusively governed by the laws of Austria without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

II. All legal and other disputes arising out of or in connection with the EULA, including disputes about its validity and termination, shall be exclusively settled at the court having jurisdiction for such matters in Vienna, Austria.

III. The herein contained provisions are severable and the invalidity, illegality or unenforceability, including their conflict with law of applicable jurisdiction, in whole or in part of any provision(s) herein shall not affect the validity, legality and enforceability of the remaining provisions. If necessary, the provision in question shall be replaced by another provision in the spirit of the EULA.

IV. A failure, omission or delay by RIEGL to enforce strictly a provision of the EULA shall in no event be considered a waiver.

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