IMPORTANT READ CAREFULLY: This Elo TouchSystems End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Elo TouchSystems for the software portion of this Elo TouchSystems touchscreen and controller or touchmonitor, which includes the accompanying computer software, printed materials and any "online" or electronic documentation ("SOFTWARE"). By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. User must accept the terms of this agreement when prompted, in order to complete download and/or installation of the software.

Software Product License

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 EULA grants you the following rights:

* Software. You may install and use one copy of the SOFTWARE on a single computer associated with a single Elo TouchSystems touchscreen and controller or touchmonitor.

* Storage/Network Use. 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; however, you must acquire and dedicate a license for each individual client computer on which the SOFTWARE is installed or run from the storage device, and each such client computer must use an Elo TouchSystem's touchscreen and controller or touchmonitor in conjunction with the SOFTWARE. A license for the SOFTWARE may not be shared or used concurrently on different computers.

* Multiple Elo TouchSystems Touchscreens and Controllers or Touchmonitors. If you purchase multiple Elo TouchSystems touchscreens and controllers or touchmonitors, you may make one (1) copy of the SOFTWARE included with your purchase, and you may use each copy in the manner specified above.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

* Limitations on Reverse Engineering, Decompilation and Disassembly. You agree not to reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

* Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.

* Rental. You may not rent, lease, or sublicense the SOFTWARE.

* Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the certificate of Authenticity) along with the accompanying Elo TouchSystems touchscreen and controller or touchmonitor, and the recipient agrees to the terms of this EULA. If the SOFTWARE portion is an upgrade, any transfer must include all prior versions of the SOFTWARE.

* Termination. Without prejudice to any other rights, Elo TouchSystems may 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 and all of its component parts.

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 TouchSystems 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 except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Elo TouchSystems touchscreen and controller or touchmonitor.

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. You may not use or install the other medium on another computer. 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 TouchSystems touchscreen and controller or touchmonitor.

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 TouchSystems, Inc./6500 Kaiser Drive/Fremont, CA 94555.

THIS SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, ELO TOUCHSYSTEMS ("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 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 OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE OR WRITTEN MATERIALS. IN NO EVENT SHALL ELO BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of California.