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Terms and Conditions
© Parker Hannifin. All rights reserved.

By signing this Agreement, Client agrees on behalf of itself and on behalf of
its Affiliates and Customers, that Client and its Affiliates and Customers, and
all Authorized Users shall be bound mutatis mutandis under the terms of this
Agreement and the End User License Agreement (EULA) attached to this Agreement
or otherwise approved by Parker, and that each Authorized User shall be required
to “click to accept” the terms of such EULA prior to accessing the Services
and/or Client or its Affiliate or Customer shall provide each Authorized User
with a copy of Client’s own end user license agreement provided that: (i) such
agreement shall have terms no less restrictive than the terms of the EULA; and
(ii) Client shall indemnify, defend and hold Parker harmless from any damages or
losses resulting from Client’s use of its own end user license agreement. Client
agrees that Parker shall be a third-party beneficiary of each such EULA or other
such end user license agreement between Client and its Customer, and that Parker
shall be entitled on its own behalf and in its own name to initiate action and
enforce the obligations of each Authorized User under each such EULA or other
such end user license agreement.

END USER LICENSE AGREEMENT (“EULA”): Your use and that of your organization and
its officers, employees, and agents (collectively “You” or “Your”) of any
software, software as a service or other subscription, application or program
(“Software”) provided by Parker Hannifin Corporation or its affiliates
(“Parker”) and any user interfaces, descriptions, data, and/or any other
information in any media or form whatsoever including user manuals or other
documentation, drawings, specifications, certifications, tests and test results,
catalogues and other promotional materials, data, images, sound recordings,
multi-media and other presentations or materials (“Information”) which you may
access in or using the Software is subject to the following terms and conditions
and to the Safety Guide, Authorized User Responsibility Statement, Offer of
Sale, Privacy Policies, Terms of Use, and other terms and conditions posted on
www.parker.com (collectively “Terms and Conditions”). Please carefully read
these Terms and Conditions and indicate your acceptance below. If You do not
wish to accept these Terms and Conditions, You are not permitted to use the
Software or the Information.

1. WARNING. YOU ARE STRONGLY ADVISED TO EXERCISE CAUTION IN YOUR USE OF THE
SOFTWARE AND INFORMATION AND ANY RESULTS OR OUTPUT GENERATED THEREBY. IMPROPER
USE OF ANY OF THE SAME CAN CAUSE DEATH, PERSONAL INJURY, AND PROPERTY DAMAGE.
YOU ARE SOLELY RESPONSIBLE FOR HOW THE SOFTWARE AND INFORMATION, AND ANY RESULTS
OR OUTPUT THEREOF, ARE USED AND FOR PREVENTING ANY DAMAGE TO ANY USER OF ANY
MATERIAL, COMPONENT, OR SYSTEM SELECTED, SPECIFIED, OR DESIGNED THEREWITH OR TO
ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS, OR ANY OTHER PERSONS ARISING OUT OF
ANY USE OR MISUSE OR ALTERATION OF THE SOFTWARE OR INFORMATION, OR ANY RESULTS
OR OUTPUT THEREOF WHETHER OR NOT INTENTIONAL, INCLUDING ANY ERROR, OMISSION,
MISSTATEMENT OR DELETION IN OR OF THE SOFTWARE OR INFORMATION, OR THE RESULTS OR
OUTPUT THEREOF.

2. The Software and Information may be updated, obsoleted, or otherwise changed
by Parker at any time without notice, and You are solely responsible for
maintaining the Software and Information current in Your permitted uses thereof.

3. Copyright. The Software and Information are protected by copyright, and are
owned exclusively by Parker-Hannifin Corporation, 6035 Parkland Boulevard,
Cleveland, OH 44124, and/or its subsidiaries, affiliates and third party
licensors. Nothing in the Terms and Conditions constitutes a waiver of Parker’s
rights under U.S. or international copyright laws or any other international,
federal or state law. Parker retains all rights not expressly granted under the
Terms and Conditions.

4. Grant of License. Parker hereby grants to You the end user, subject to the
Terms and Conditions, a personal, non-exclusive, non-sublicensable,
non-assignable, non-transferable, and limited license to use the Software and
Information for Your own internal use and only for the purpose of conducting
business with Parker or utilizing the services of Parker. Any attempt otherwise
to sublicense, assign, or transfer any of the same or rights hereunder shall be
null and void. Any reproduction or redistribution of the Software not in
accordance with the Terms and Conditions is expressly prohibited. WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE OR INFORMATION
TO ANY OTHER SERVER OR LOCATION OR MEDIA FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED.

5. Ownership. Except for any portions of the Software or Information owned or
controlled by Parker’s third party licensors, Parker retains the ownership of
the Software and Information, and any and all copies thereof. In no event shall
You obtain any greater right in and to the Software and Information than a right
in the nature of a license limited to the use thereof subject to compliance with
all of the Terms and Conditions. As to any Open Source Software or other
portions of the Software or Information owned or controlled by Parker’s third
party licensors, such portions may be subject to terms separate from or in
addition to the Terms and Conditions. Any such terms are transferred rather than
sublicensed to You. A copy of any such terms may be appended to the Terms and
Conditions or may be included in documentation provided with any hardware
supplied by Parker that enables You to utilize the Software or Information.

6. Prohibited Uses. You shall not:

(a) Use, copy, modify, or merge copies of all or any part of the Software and
Information, or any portion, feature, function or user interface thereof;

(b) Reverse engineer, disassemble, reverse translate, decrypt, or in any manner
decode any part of the Software and Information;

(c) Except to your affiliates or customers expressly authorized by Parker, sell,
license, assign, rent, sublicense, lease or otherwise transfer in any way all or
any part of the Software and Information;

(d) Remove any proprietary notices, labels, or other markings on, in, or from
the Software and Information, or frame or mirror any part of the Software;

(e) Access, transmit, or store infringing, libelous, or otherwise unlawful or
tortious material or material in violation of third party privacy rights, or
malicious code, or interfere with, or disrupt the integrity or performance of
any Parker services, systems, or networks, or any data contained therein;

(f) Attempt to gain or permit unauthorized access to any Parker services,
systems, or networks, or use any such services, systems or networks in a way
that circumvents a contractual usage limit, or for purposes of competing with
Parker.

7. Term. This license and Your right to use the Software and Information shall
automatically terminate if You fail to comply with any of the Terms and
Conditions. Parker may at any time, without prior cause or notice, and in its
sole discretion: (a) modify, update, obsolete, revise, alter, change, withdraw,
or cancel the Software and Information or any module or other functionality
thereof; (b) terminate the license herein granted and/or Your use of or access
to the Software and Information or any module or functionality thereof; and/or
(c) modify the Terms and Conditions. The Software and Information shall be
removed from Your systems and devices, and any access thereof shall be
immediately terminated upon termination of the license herein granted regardless
of which party is the terminating party.

8. WARRANTY DISCLAIMER. THE SOFTWARE AND INFORMATION, AND ANY RESULTS OR OUTPUT
THEREOF, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND,
EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, PARKER DOES NOT WARRANT THAT THE SOFTWARE AND
INFORMATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF SOFTWARE WILL BE
UNINTERRUPTED, FAULT-TOLERANT OR VIRUS OR ERROR FREE, OR THAT ANY INACCURACIES
OR ERRORS IN, OR FAILURES OF, THE SOFTWARE AND INFORMATION WILL BE CORRECTED,
AND PARKER SHALL HAVE NO OBLIGATION TO CORRECT ANY SUCH INACCURACIES, ERRORS, OR
FAILURES OR TO UPDATE OR OTHERWISE MAINTAIN THE SOFTWARE AND INFORMATION. YOU
AGREE AND ACKNOWLEDGE THAT THE SOFTWARE SHALL NOT BE USED IN CONNECTION WITH THE
OPERATION OF NUCLEAR FACILITIES, AEROSPACE SYSTEMS, AIR TRAFFIC CONTROL, LIFE
SUPPORT, OR MEDICAL APPLICATIONS.

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL PARKER, ITS AGENTS, SUPPLIERS, OR
DISTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND
WHATSOEVER, INCLUDING ANY LOSS OF USE OR DATA, LOST PROFITS, LOST SAVINGS, OR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF
EITHER THE USE OR INABILITY TO USE THE SOFTWARE OR INFORMATION, OR ANY RESULTS
OR OUTPUT THEREOF, EVEN IF PARKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. RATHER, YOU THE USER HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD
HARMLESS PARKER, ITS PARENTS, AFFILIATES, LICENSEES, SUPPLIERS, AND
DISTRIBUTORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS,
FROM AND AGAINST ALL LIABILITIES, CLAIMS, INCLUDING FOR INFRINGEMENT OF ANY
PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY OR
PROPRIETARY RIGHT, DAMAGES, JUDGMENTS, LOSSES, AWARDS, AND EXPENSES, INCLUDING
ATTORNEY’S FEES, ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SOFTWARE OR
INFORMATION, AND ANY RESULTS OR OUTPUT THEREOF, OR YOUR BREACH OF ANY WARRANTY
OR OTHER PROVISION OF THE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY
APPLICABLE LAW OR REGULATION, OR ANY DAMAGE OR OTHER HARM CAUSED AS A RESULT OF
YOUR WILLFUL, RECKLESS OR NEGLIGENT ACT OR OMISSION.

10. Data; Feedback. You grant to Parker a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to: (i) use, reproduce, backup,
store, transfer, maintain, copy, sublicense, adapt, transmit, retransmit,
distribute and/or publicly perform or display any and all data and feedback
provided or generated by You in connection with the Software, or collected,
processed, compiled, or generated by the Software for providing services to You
or for improving and enhancing the Software; and (ii) sublicense to third
parties the unrestricted right to exercise any of the foregoing rights granted
with respect to any such feedback and data. As used herein “feedback” includes
feedback, suggestions, improvements, opinions, requests, corrections, comments,
opinions or any other form of information or communication, whether oral,
written or electronic, provided or generated by You through or concerning the
Software.

11. Governing Law. This EULA shall be governed by the laws of the State of Ohio,
USA without regard to its conflict of laws rules or principles.

12. Acceptance. Your use of the Software and Information is conditional upon
Your acceptance of the Terms and Conditions. If You do not wish to accept the
Terms and Conditions, You are not permitted to use the Software or
Information.   

Copyright © Parker-Hannifin Corporation. The year of copyright is the current
year. All rights reserved. Other copyrights as indicated in the Information or
as of the date of the Information

Last Updated: February 2021

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