ORIGINAL EQUIPMENT MANUFACTURER (OEM) AND END USER LICENSE AGREEMENT

Last updated: June 5, 2020

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 "I ACCEPT" OPTION LOCATED ADJACENT TO THE
SCREEN WHERE THIS AGREEMENT IS DISPLAYED. IF YOU DO NOT AGREE TO THESE
LICENSE TERMS, PLEASE CHOOSE THE "I DO NOT ACCEPT" 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. 
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 at
www.elotouch.com. If there is a conflict between this Agreement and ELO´s Terms and
Conditions of Sale, this Agreement will govern as it relates to the SOFTWARE and ELO´s
Terms 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 Terms
and 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 use
information 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 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, 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; 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 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.
Attached Exhibit A contains Excluded Licenses and Freeware information.

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.

Copyright © 2020 Elo Touch Solutions, Inc. All rights reserved.
GA000068 REV A


Exhibit A
Excluded Licenses - Freeware

None

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List of files that belong to this license:

/etc/opt/elo-mt-usb/elova
/etc/opt/elo-mt-usb/elomtusbd
/etc/opt/elo-mt-usb/cplcmd
/etc/opt/elo-mt-usb/cpl
/etc/opt/elo-mt-usb/eloCreateFifo.sh
/etc/opt/elo-usb/elova
/etc/opt/elo-usb/elousbd
/etc/opt/elo-usb/cplcmd
/etc/opt/elo-usb/setXAuthentication.sh
/etc/opt/elo-usb/cpl
/etc/opt/elo-usb/eloautocalib
/etc/opt/elo-usb/eloconvertconfig
/etc/opt/elo-usb/eloCreateFifo.sh
