RIGHT OF USE AGREEMENT FOR

COSTER T.E. S.p.A. SWC 701 DATABASES

Following test in italics must not appear in final document :

(Version 1.4 drafted 17/5/04 by MM; amended by GR and FC-DZ. This agreement is to be printed on headed paper of the company making the request, signed by its legal representative and sent via fax for an immediate reply with the original sent by normal post. Fax 02 – 2593645 For attention Uff. Commerciale,

Address: COSTER T.E. S.p.A., Via San G.B. De La Salle, 4/A, 20132 Milano.).

Date

The company ...............................................................represented by ......................................................the quality of ...................................................................................... hereinafter called the applicant, requests Coster T.E. S.p.A., hereinafter called the manufacturer, for permission to use the SWC 701 software databases by access to these using any software different from SWC 701. In this respect the applicant.

DECLARES as follows:

the contents of the databases may be subject to the current legislation on privacy: any information regarding the database, the access password and its contents are to be considered confidential and must not be disclosed or sold to third parties and shall be stored in a safe place accessible only to authorised persons; in the event that information is leaked, or suspected to have been leaked, Coster T.E. S.p.A. must be informed immediately.

the information agreementd by Coster T.E. S.p.A. regards only the structure of the databases and not their contents

to be aware that:

Coster T.E. S.p.A. does not accept any responsibility whatsoever for any malfunctioning of the SWC 701 program or for any damage caused by this due to any manipulation of the databases. In the event of the latter, the manufacturer shall annul the guarantee on the SWC701 software and on any telemanaged plant site with the sole exception of those electronic devices not telemanaged.

Coster T.E. S.p.A. does not guarantee the compatibility between SWC 701 and any software developed by the applicant. Since SWC 701 is being continuously developed, the structure and the password can be modified as Coster T.E. S.p.A. thinks fit, without any obligation on the part of Coster T.E. S.p.A. to give notice of such changes before or after they have taken place.

Should the updating of the SWC 701 program be requested, the applicant must ensure that the amended version of SWC 701 is compatible with the other applications. Should any one application not be compatible with the SWC 701 databases, all the amendments to the applicant’s software shall be at the applicant’s expense.

Coster T.E. S.p.A. agrees to provide technical assistance solely in regard to the contents of this agreement at its Head Office or via email after agreement has been reached with the Software Section of the Research & Development Department.

The applicant shall undertake all the responsibilities regarding the use of the database (e.g. password, structure and contents).

Information regarding the structure of the databases has been given free of charge by Coster T.E. S.p.A.

The applicant shall always keep the manufacturer informed of how the database is being used. Such information shall be held by Coster T.E. S.p.A. and shall not be passed to third parties unless requested in writing by authorised official bodies.

Data regarding engineer of applicant firm:

Name & surname

email:

Telephone: