Tamaki Control MODULE USER AGREEMENT THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF SOFTWARE AND MODULES OBTAINED FROM THE MODULE MARKETPLACE. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SOFTWARE OR MODULES. This Agreement is made between Tamaki Control LLC. and the purchaser or trial user of the Software, as defined below, ("Purchaser"). WHEREAS, the Company has developed and is selling its Plant Replay by Tamaki Control® software (the “Software”), which provides an interface to replay historical data to the HMI in real time; and WHEREAS, Purchaser has accepted the terms and conditions of the Company’s Module Marketplace Terms of Use Agreement in order to purchase Modules offered for sale through a web based online marketplace (the “Module Marketplace”); and WHEREAS, Purchaser desires to purchase or try one or more Modules for Purchaser’s use with the Software; and WHEREAS, the Company desires to allow Purchaser to purchase or try one or more Modules through the Module Marketplace under the specific terms and conditions set forth in this Agreement and the Module Marketplace Terms of Use Agreement. NOW, THEREFORE, IT IS AGREED that the Purchaser’s purchase or trial use of one or more Modules shall be bound by the terms and conditions set forth below. Definitions: “Ignition by Inductive Automation® Platform” means the software core that provides common utility functionality for the support of modules that provide specific user functionality (hereinafter, “the Platform”). “Module” means software with specialized functionality that “plugs-in” to the Platform. “Third-party Developer” means another company other than the Company that develops Modules with specialized functionality for the Platform. “Third-party Module” means a third-party developed Module with specialized functionality and which plugs-in” to the Platform. “Trial User” means entity that tries the software in the “trial” mode prior to purchase. A. Purchaser agrees that its use of any Module shall be governed by the license agreement accepted by Purchaser prior to its installation of the Module, which license agreement shall be solely between Purchaser and the party who is identified in the license agreement as the owner and licensor of the module (“Module Developer”). This Module User Agreement relates solely to the purchase or trial use of one or more Modules and the Purchaser’s rights and obligations related thereto. B. Purchaser acknowledges: 1. Company makes no representations or warranties of any kind whatsoever regarding any Module. EACH MODULE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF: (a) MERCHANTABILITY; (b) FITNESS FOR A PARTICULAR PURPOSE AND (c) NONINFRINGEMENT. PURCHASER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF EACH MODULE. SHOULD THE MODULE PROVE DEFECTIVE, PURCHASER ASSUMES THE ENTIRE RISK OR COST ASSOCIATED WITH SUCH DEFECT AND ANY SERVICE AND REPAIR. 2. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ALL THIRD PARTIES INVOLVED IN PROVIDING PRODUCTS AND/OR SERVICES THROUGH THE MODULE MARKETPLACE SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE ANY MODULE; OR FOR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES. 3. Company shall provide no service or support for any Third-party Module. Any support that may be available is offered directly by the Third-party Module Developer or must be sought out by Purchaser from a third party. 4. Company makes no representations or warranties regarding any Third-party Module’s interaction with the Software, including, but not limited to, the fact that installation or use of the Module may cause the Software to not function properly. 5. Company does not have access to, and shall not retain, any copies of the source code for any Third-party Module purchased or tried by Purchaser through the Module Marketplace. Company shall not maintain a software escrow with Third-party Developers and shall have no responsibility whatsoever for the loss of a Third-party Module source code by the Third-party Developer. 6. Purchaser represents and warrants that Purchaser has done its own due diligence regarding the Module Developer, the Module’s uses and, in particular, the Module’s interaction with the Software as configured by Purchaser, and Purchaser is satisfied with the information obtained by Purchaser through its due diligence. Purchaser further acknowledges it is making an informed decision and is aware of all material potential risks in purchasing and installing any Third-party Module available through the Module Marketplace. In particular, Purchaser acknowledges that: a. Any Third-party Module may corrupt the Software. Purchaser shall complete its own testing of the Module before integration or install the Module at Purchaser’s own risk. b. Company does not test the Third-party Modules before offering the Module for sale. c. Company makes no representations or warranties whatsoever regarding the skills or abilities of the Third-party Developers. Further, the Company does no background check to determine whether the Third-party Module Developer has the necessary expertise to create the Module it is selling. 7. An update of the Software may cause one or more Third-party Modules to fail to function correctly or function at all. Company shall have no liability whatsoever for any failure of any Third-party Module to operate properly after the installation of a Software update. 8. Company has not and will not verify that Third-party Modules available through the Module Marketplace do not include any undesirable code. Company has no liability whatsoever regarding verification. 9. Company has not and will not verify that Third-party Modules are not developed by Module Developer from an embargoed country. Company has no liability whatsoever regarding verification. 10. Company shall not act as an intermediary or conduit for communication with Third-party Module Developer for any reason whatsoever. 11. Company shall have the right, in its sole and absolute discretion, to remove any Module from the Module Marketplace at any time. 12. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. Purchaser agrees to comply strictly with all such laws and regulations and acknowledges that Purchaser has the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery. These laws include restrictions on destinations, end users and end use. 13. Purchaser agrees to defend, indemnify and hold Company harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, asserted against Company, its agents, servants, officers, and employees, that may arise or result from Purchaser’s use of or purchase of any Module by Purchaser, Purchaser's agents, employees or assigns. Purchaser further agrees to defend, indemnify and hold harmless Company against liabilities arising out of: a. Any use of any Module purchased by Purchaser for any unlawful purpose, or in violation of any valid federal, state or local law or regulation governing use of the Internet; b. Any injury to person or property caused by any Module sold or otherwise distributed in connection with its purchase by Purchaser; c. Any material supplied by Purchaser infringing or allegedly infringing on the property or proprietary rights of a third party; d. Copyright or trademark infringement by Purchaser, or violation by Purchaser of intellectual property rights of any other party; and e. Any defective product which Purchaser sold or distributed using a Module purchased through the Module Marketplace. Purchaser agrees that the Company’s limit on liability, including any reasonable attorneys' fees and court costs, shall in no event be greater than the aggregate dollar amount which Purchaser paid for all Modules purchased during the terms of this Agreement. 14. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the subject matter of this Agreement only. Purchaser acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made to Purchaser, which are not set forth herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. 15. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force in effect without being impaired or invalidated in any way. 16. If either party shall bring any action against any party for enforcement of this Agreement or for any other relief, declaratory or otherwise, arising out of this Agreement, the losing party shall pay to the prevailing party a reasonable sum for attorneys' fees incurred in taking such action, bringing such suit or enforcing any judgment granted therein, or both, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorneys' fees and costs incurred in enforcing such judgment. For the purposes of this Section, attorneys' fees shall include, without limitation, fees incurred in the following: (a) post judgment motions; (b) contempt proceedings; (c) garnishment, levy and debtor and third party examinations; (d) discovery; and (e) bankruptcy litigation. 17. This Agreement will be governed by and construed in accordance with the laws of the State of California. The parties agree that venue for all matters under this Agreement shall be in the state and federal courts in Sacramento, California only. 18. Should any conflict exist between the terms or conditions of this Agreement and any other agreement between the parties, the terms of this Agreement shall control as to any conflicting terms relating to the purchase or trial use of Modules. BY CLICKING THE “I ACCEPT” BUTTON BELOW, PURCHASER ACKNOWLEDGES THAT HE HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.