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Software License Agreement

BY ACCESSING, COPYING, DOWNLOADING, INSTALLING OR OTHERWISE USING THIS SOFTWARE PACKAGE AND/OR ITS RELATED DOCUMENTATION FROM WILMORE ELECTRONICS COMPANY, INC., THE RECIPIENT, ON BEHALF OF HIMSELF OR HERSELF, OR ON BEHALF OF ANY ENTITY BY WHICH SUCH RECIPIENT IS EMPLOYED AND/OR ENGAGED AGREES TO BE BOUND BY THIS SOFTWARE LICENSE AGREEMENT.

Under Wilmore Electronics' intellectual property rights, the reproduction, redistribution and use in source and binary forms of this software package or any part thereof, with or without modification, are permitted provided that the following conditions are adhered to:

1. Redistribution of source code (whether modified or not) or redistribution in binary form must retain this list of conditions and disclaimers in the documentation and/or other materials provided with the distribution.
2. The recipient may not modify or redistribute the source code of this software package or any part thereof so that it becomes subject to an Excluded License. An “Excluded License” is one that requires, as a condition of use, modification or distribution of code, that (i) it be disclosed or distributed in source code form; or (ii) others have the right to modify it.
3. This software package or any part thereof, including modifications and/or derivative works, must be used exclusively on or in combination with a power conversion device manufactured by or for Wilmore Electronics.
4. The name of Wilmore Electronics or any of its subsidiaries, brands or product names may not be used to endorse or promote products derived from this software package without specific written permission.
5. Wilmore Electronics has no obligation to provide any maintenance, support or updates for this software.
6. This software package is and will remain the exclusive property of Wilmore Electronics. The recipient will not take any action that jeopardizes Wilmore Electronics' proprietary rights or acquire any rights in the software, except the limited rights specified hereunder.
7. The recipient shall comply with all applicable laws and regulations affecting the use of this software, including any applicable export control law or regulation.
8. Redistribution and use of this software package in whole, partially or any part thereof other than as permitted under this license is void and will automatically terminate the recipient's rights under this license.

THIS SOFTWARE PACKAGE IS PROVIDED BY WILMORE ELECTRONICS COMPANY, INC. “AS IS”, AND ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WILMORE ELECTRONICS COMPANY, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE PACKAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

FC-75 (Rev. 1 - 4/4/2022) Communications Configuration Application Agreement