Terms Of Use for the SEW Workbench of SEW-EURODRIVE

By accepting these Terms Of Use you declare that you are competent in the English language
and fully understand these Terms of Use. Please do not install or use the software SEW
Workbench if you do not fully understand these Terms Of Use.

Indem Sie diese Nutzungsbedingungen (Terms Of Use) akzeptieren, erklren Sie, dass Sie
die englische Sprache beherrschen und diese Nutzungsbedingungen vollstndig verstehen. Bitte
unterlassen Sie es, die Software SEW Workbench zu installieren oder zu nutzen, wenn Sie diese
Nutzungsbedingungen nicht vollstndig verstehen.

Par la prsente, vous dclarez matriser la langue anglaise et comprendre intgralement ces
conditions d'utilisation (Terms Of Use). Veuillez ne pas installer ou utiliser le logiciel SEW
Workbench si vous ne comprenez pas intgralement ces conditions d'utilisation.

Niniejszym potwierdzaj Pastwo, e znaj jzyk angielski i rozumiej w peni warunki

uytkowania (Terms of Use). Prosimy nie instalowa i nie uywa oprogramowania SEW
Workbench, jeli warunki uytkowania nie s w peni zrozumiae.

Atravs deste voc declara que possui conhecimentos suficientes da lngua inglesa e
compreende totalmente estes termos de uso. Por favor, no instale ou utilize o programa SEW
Workbench se voc no compreende totalmente estes termos de uso.

Por la presente usted declara que domina el idioma ingls y entiende completamente estos
trminos de uso. Por favor, no instale o use el software SEW Workbench si no entiende
completamente estos trminos de uso.

Tmto prohlaujete, e jste pln kompetentn v porozumn anglickho jazyka a pln rozumte
podmnkmpouit softwaru SEW Workbench.
Prosm neinstalujte, ani nepouvejte software SEW Workbench jestlie pln nerozumte tmto
podmnkm pouit.

Declara ter suficientes conhecimentos da Lngua Inglesa para compreender plenamente estes
Termos de Utilizao. Por favor, no instalar ou usar o software SEW Workbench se no
compreender plenamente estes Termos de Utilizao.

Con la presente voi dichiarate di essere competenti nella conoscenza della lingua inglese e
che capite perfettamente queste Condizioni di Uso. Per favore, non installate il software SEW
Workbench se non capite perfettamente queste Condizioni di Uso.

,
. ,
SEW Workbench
.

Hierbij verklaart u dat u de Engelse taal beheerst en deze gebruiksvoorwaarden ("Terms of

use") volledig begrijpt. Installeer of gebruik de software SEW Workbench a.u.b. niet als u deze
gebruiksvoorwaarden niet volledig begrijpt.

1. Definitions and field of application

(1) SEW-EURODRIVE means the company SEW-EURODRIVE GmbH & Co KG, duly
organized under the laws of Germany and having its place of business in Bruchsal,
Germany. SEW Workbench is a planning and configuration software of SEW-
EURODRIVE that is used to select SEW-EURODRIVE products upon input data from

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 the User. Such products might be purchased by the User from an affiliated company
of SEW-EURODRIVE which is located in the Users country. The User is an
individual or legal entity who is using SEW Workbench for its business after he has
free or at cost - purchased SEW Workbench from SEW-EURODRIVE or one of its
affiliates, or downloaded SEW Workbench via its DriveGate access. These Terms
Of Use apply to the use of the registered version of the SEW Workbench of SEW-
EURODRIVE. By logging in and using the SEW Workbench, the User accepts these
Terms Of Use. If the User is a legal entity, the individual who is installing and/or using
the SEW Workbench hereby declares that he is duly authorized by the User to accept
these Terms Of Use for and on behalf of the User. If you do not agree with these
Terms Of Use or if you do not have the authority to accept these Terms Of Use
for and on behalf of the User, do not log in nor install or use the SEW
Workbench. You may return the software to your place of purchase for a full
refund of your purchase price, if applicable.

(2) For the use of DriveGate, the terms of use for DriveGate as can be seen on the
Users DriveGate access also apply. In case of any conflict between the terms of
use for DriveGate and these Terms Of Use, the latter shall prevail.

2. Scope of services

(1) SEW-EURODRIVE provides the SEW Workbench with the following features:

(a) Software on DVD incl. user documentation and the complete installation routine
(setup);

(b) Online updates and upgrades at irregular intervals. These are made available by
SEWEURODRIVE through SEW Workbench and/or other internet update servers.
SEW will inform the User of updates and upgrades through one of these means or
through other means as informed by SEW-EURODRIVE to the User from time to
time. It is the Users sole responsibility to install the update and/or upgrade upon
notice.

(c) The SEW Workbench offers to the User the following possibilities:

Catalog selection of drive components of SEW-EURODRIVE (inverters, drives, field

distributors, pre-fabricated cables, etc.);
Determination of numerous product documents, such as spare parts lists, dimension
sheets, 2D drawings and 3D models;
Catalog selection and check for drive systems. A drive system is a combination of
several SEW-EURODRIVE product components;
Options to print out and save the results;
Data exchange of results via e-mail between the User and SEW-EURODRIVE sales
employees;
Update of product data, program functions and error corrections by means of central
Internet updates and upgrades;
Project planning functions for a limited number of Users with a special authorization
level are available for a fee: Project planning and configuration of drive components;

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 dialog-aided determination of possible product variants; consultation with an SEW-
EURODRIVE sales employee is required.
Sub-functions may today or at some point in the future require an Internet update or
upgrade.

(2) The project planning support offered by SEW Workbench applies only with respect to
the drive system. SEW-EURODRIVE does not accept any responsibility for the
integration of the drive system into the overall system, even if the User selects
products with integrated functional safety via the SEW Workbench. In case of doubt,
the customer must contact his/her responsible SEW-EURODRIVE sales employee.

(3) SEW-EURODRIVE is not obligated to release the source code of SEW Workbench.

(4) The User is responsible for the installation of the software. SEW-EURODRIVE is not
obligated to undertake the installation for the User.

3. Access

(1) The User is able to use the SEW Workbench with complete functionality only upon
registration. For this purpose, SEW-EURODRIVE might provide the User with a
registration and activation code. The registration code is generated during the
software installation process. After the User has entered the registration code in
DriveGate, SEW-EURODRIVE will send to him the activation code via e-mail.

(2) The User must ensure by means of appropriate security measures that the
registration and activation codes are protected against unauthorized access. If the
User becomes aware or suspects that third parties are misusing his user data, he
must inform SEW-EURODRIVE in written or text form and apply for a new registration
and/or activation code. The User is obliged to provide the activation code and other
user data is provided only to such employees who are duly authorized to do so by the
User. In case an employee who is in possession of user data is leaving the Users
company, it is the Users sole responsibility to acquire new user data from SEW-
EURODRIVE. SEW-EURODRIVE shall not be responsible for any kind of damage or
loss incurred by the User or any third person in any case that the registration and
activation code or other user data are given to third persons or are not protected
adequately. The User is solely responsible for all activities of employees which have
received user data from the User.

4. Right of use

(1) The SEW Workbench is licensed, not sold.

(2) For each license purchased, the User acquires the temporally and spatially
unrestricted right to use the SEW Workbench for internal purposes within its business
only. The SEW Workbench is to be installed and used on only one workstation per
license. No license shall be granted for the source code of SEW Workbench. In case
the User installs and/or uses the SEW Workbench on more than one workstation per

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 license, SEW-EURODRIVE, save for its rights to terminate the relevant agreement
and claim for indemnity etc., shall be entitled to annul the license granted to the User.

(3) SEW-EURODRIVE is the sole owner of the copyrights, exploitation rights and
ownership rights for all of the software code, illustrations, drawings, calculations and
similar information provided in the SEW Workbench. It is not permitted to pass these
materials to third parties without the prior written consent of SEW-EURODRIVE.
SEW-EURODRIVE does not grant to the User the right to distribute, copy and/or
make SEW Workbench available to the public. It is prohibited to modify, reverse
engineer, further develop, copy or translate SEW Workbench unless otherwise
required by mandatory law.

(4) The User is not permitted to transfer or assign the rights of use granted in accordance
with item 4 (2) to third parties, nor is he permitted to grant sublicenses.

(5) The use of SEW Workbench is linked to the DriveGate Internet portal from SEW-
EURODRIVE, which is also subject to registration. DriveGate registration is free of
charge. The SEW Workbench may only be used in combination with the respective
assigned DriveGate user ID and by the respective ID owner.

(6) In case of misuse of the SEW Workbench, SEW-EURODRIVE reserves the right to
revoke the registration and enabling of the SEW Workbench and to block access via
the assigned registration or enabling code.

5. Obligations of the User

(1) The User is obliged to make sure that the project planning functions of SEW
Workbench are only used by persons who are experienced and trained in the field of
mechanical and electrical drive technology and who have knowledge in the products
of SEW-EURODRIVE. The User is responsible to ensure that the input data is correct
and complete. The software makes suggestions, but cannot make decisions on
behalf of the User. In case of doubt, the User is obligated to contact a sales engineer
of the respective local affiliated company of SEW-EURODRIVE.

(2) For a purposeful usage of SEW Workbench, it must contain the most up-to-date data
from the SEW-EURODRIVE product range. SEW-EURODRIVE provides Internet
updates and upgrades in order to keep the data current and to optimize the software
offering. The User undertakes to perform the download when prompted to do so by
SEW-EURODRIVE and if it is reasonable for him to be expected to install the update
or upgrade.

(3) Electronic messages from SEW-EURODRIVE:

(a) Subject to item 5 (3) (b), the User consents to receiving from time to time,
electronic messages from SEW-EURODRIVE and/or its affiliated
companies which market or promote their goods and services.
(b) SEW-EURODRIVE and/or its affiliated companies will cease to send
electronic messages as described in clause 5 (3) (a) above to the User if

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 at any time the User instructs them in writing to cease sending such
electronic messages to the User at those electronic addresses.

(4) In case that the products selected by the User through SEW Workbench do not
comply with the Users expectations, the User shall direct his claims in this respect to
that affiliated company of SEW-EURODRIVE from which the User has purchased the
Products. Notwithstanding the afore-mentioned, such claims are subject to the
provisions of these Terms Of Use, in particular the limitation of liability provisions as
of item 6.

6. Liability and limitation of liability

(1) SEW-EURODRIVE assumes no liability for any direct, indirect or consequential

damages caused by input errors due to

Misunderstood input prompts;

Incorrect input data;
Incorrect or inaccurate initial data given by customers; or
Any other actions that are inconsistent with these Terms Of Use.

SEW also assumes no liability for results of the SEW Workbench that would have
turned out differently if a due update or upgrade of the SEW Workbench would have
been made.

(2) Unless otherwise provided for by law, SEW-EURODRIVE is liable without limitation
for damages resulting from deliberate or grossly negligent breaches of duty as well as
in all cases of culpable injury to life, body, or health.

(3) In case of gross negligence on the part of non-managerial employees, SEW-

EURODRIVEs liability is limited to property damage and pecuniary losses that are
deemed typical and foreseeable within the scope of the contract.

(4) In case of slight negligence, SEW-EURODRIVE is only liable for damage to property
and pecuniary losses in the event of breach of significant contractual duties. In this
regard too, SEWEURODRIVE's liability is limited to damage and losses that are
deemed typical and foreseeable within the scope of the contract.

(5) Any further liability for damages other than those regulated in the preceding
paragraphs is excluded, irrespective of the legal nature of the asserted claim. This
includes - without limitation - acts of tort; However, any unlimited liability pursuant to
mandatory Product Liability legislation remains unaffected.

(6) A preclusive time limit of 18 months applies to all claims that are not subject to the
statute of limitations for faults in the SEW Workbench. This time limit begins from the
moment when the damage is discovered and the party causing the damage is known.

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(7) The User acknowledges that it is not possible to create software that is free of errors
in any events and operational conditions.

(8) Additionally to the afore-mentioned limitation of liability as of items 6 (1) 6 (7),

the following items 6 (9) and 6 (10) shall apply. The items 6 (9) and 6 (10) shall
be interpreted as a further limitation of liability as compared to items 6 (1) 6
(7), and in no event shall the items 6 (9) and 6 (10) be interpreted as an
extension of liability as compared to items 6 (1) 6 (7). It is mentioned that the
following items 6 (9) and 6 (10) might not be enforceable depending on which
law is applicable:

(9) NO WARRANTIES FOR THE SOFTWARE. The SEW Workbench is provided as

is. The User bears all risks of using it. SEW-EURODRIVE gives no express
warranties, guarantees or conditions. Any warranties the User receives
regarding the SEW Workbench do not originate from, and are not binding on,
SEW-EURODRIVE or its affiliates.

(10) LIABILITY LIMITATIONS. The User can recover from SEW-EURODRIVE and its
affiliates only direct damages up to two hundred fifty Euros ( 250), or
equivalent in local currency. The User cannot recover any other damages,
including consequential, lost profits, special, indirect, exemplary or incidental
damages, including, without limitation, any lost profits, business interruption,
lost savings or loss of programs or other data, even if SEW-EURODRIVE is
expressly advised of the possibility of such damages. This exclusion and
waiver of liability applies to all causes of action, whether based on contract,
warranty, tort, or any other legal theories, as applicable.

The limitations as of items 6 (9) and 6 (10) apply to:

- Anything related to the SEW Workbench, services, content (including code)

in third party internet sites, or third party programs, and
- Claims for breach of contract, breach of warranty, guarantee or condition,
strict liability, negligence, or other tort to the extent permitted by applicable
law.

7. Hyperlinks

The SEW Workbench may contain hyperlinks to websites of third parties. SEW-
EURODRIVE accepts no liability for the contents of such websites, in particular for
any direct or indirect damage that results from the use of these external websites.
SEW-EURODRIVE also does not make representations about or endorse the content
of such websites. Furthermore, SEW-EURODRIVE does not have any control over
the content provided therein.

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8. Data protection

The regulations on data processing and data protection by SEW-EURODRIVE as

specified in DriveGate (www.drivegate.biz) apply with regard to the use of the SEW
Workbench. The regulations are available at
https://portal.drivegate.biz/DrivegateWeb/html/default/en/data_protection.html

9. Changes to the terms of use

The terms of use are subject to change at any time. The current version of these
Terms Of Use that is published in DriveGate applies. The User accepts these
Terms Of Use each time he is using the SEW Workbench.

The most current version of the Terms Of Use can be found at

https://portal.drivegate.biz/DrivegateWeb/html/default/en/terms_of_use_SEW_WB.html

10. Final provisions

(1) These Terms Of Use are an integral part of all usage of the SEW Workbench and are
deemed to be accepted by the User. Any deviations from these Terms Of Use and
any additional oral agreements are binding only if they are confirmed in writing by
SEW-EURODRIVE. Any deviating conditions set by the User are not binding, even if
SEW-EURODRIVE has not categorically rejected it or raised any objections.

(2) The User may not transfer either rights or obligations of this contract to a third party,
without the express consent of SEW-EURODRIVE.

(3) The place of jurisdiction for all disputes that arise directly or indirectly out of or in
connection with these Terms Of Use shall be Bruchsal, Germany.

(4) These Terms Of Use and all disputes that arise directly or indirectly out of or in
connection with these Terms Of Use shall be exclusively governed by and construed
in accordance with the laws of Germany. The United Nations Convention on
Contracts for the International Sale of Goods (CISG) shall not apply.

(5) If any clause/s of the contract is legally invalid, the remaining provisions of the
contract would still be binding.

April 2010