RIGHT OF USE AGREEMENT FOR COMMUNICATION PROTOCOLS FOR COSTER T.E. S.p.A. ELECTRONIC DEVICES

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, For attention Uff. Commerciale)

Date:

The company.................................................................represented by .......................................................in the quality of.........................................................................................therwise called the applicant, requests Coster T.E. S.p.A., otherwise called the manufacturer, to consign to it the communication protocols for the electronic devices manufactured by Coster T.E. S.p.A. In this respect the applicant

DECLARES as follows

to be aware that:

Coster T.E. S.p.A. does not accept any responsibility whatsoever for the malfunctioning of the electronic devices or for damage caused by incorrect use of the communication protocols.

Coster T.E. S.p.A. does not guarantee the compatibility over time of the communication protocols and accordingly reserves the right to amend the communication protocols at its own discretion and without any obligation to give notice of such amendments in advance or subsequently.

Coster T.E. S.p.A. continuously updates the firmware for its electronic devices to meet new technical requirements. The updating of the firmware might include the updating of the communication protocols. To check if any updates have been made the applicant can contact the Research & Development Department of Coster T.E. S.p.A.

Coster T.E. S.p.A. is prepared to give technical assistance limited to the contents of this agreement, either at its head office or via email, following an appointment made with Software Section, Research & Development Department.

Coster T.E. S.p.A. does not assume any responsibility, and does not agree to undertake any necessary amendments that might be requested to adapt a software program, developed or run or maintained by third parties, to the new version of the communication protocols.

At the time of signing this agreement there does not exist software officially compatible with Coster T.E. S.p.A. electronic devices with the exception of the software developed by Coster T.E. S.p.A.

In the event of malfunctioning in plants running on software different from that developed by Coster T.E. S.p.A., the latter accepts responsibility only for the individual electronic devices themselves, disconnected from every type of communication not developed or approved by Coster T.E. S.p.A.

all information regarding the protocol, and the protocol itself, are to be considered confidential and must not be given to third parties but must be stored in a safe place only accessible to authorised persons. In the event of leaks, or suspected leaks, of information, Coster T.E. S.p.A. must be informed immediately.

the applicant is fully responsible for the use of the protocols.

all the pre-and post-sales services (e.g. installation, configuration, maintenance, technical assistance) regarding whatever is produced using Coster T.E. S.p.A. protocols are for the applicant’s account.

The protocols are provided by Coster T.E. S.p.A. free of charge to the applicant.

The applicant shall always keep the manufacturer informed regarding the use made of the protocols in any software or hardware produced by the applicant or which the applicant produces or which the applicant declares to be compatible with Coster T.E. S.p.A. electronic devices. Such information shall be securely held by Coster T.E. S.p.A. and shall not be passed to third parties unless requested in writing by authorised bodies.

The applicant has read carefully the technical information regarding the correct management of the internal timer in the electronic devices manufactured by Coster T.E. S.p.A. The technical notes are attached to this Agreement and signed separately.

(the text of the technical notes must be requested separately; it is not available publicly on the internet)

Data regarding engineer of applicant firm:

Name & surname

email:

Telephone: