### END-USER LICENSE AGREEMENT (EULA)

- Windows® CE 5 - Images and BSP
- Windows® CE 6 - Images and BSP
- Windows® Embedded Compact 7 - Images and BSP
- Windows® Embedded Compact 2013 - Images and BSP

These license terms are an agreement between you and Toradex AG, Altsagenstrasse 5, CH-6048 Horw, Switzerland (“Toradex” or “Toradex®”). Please read them. They apply to the software included on or supplied with your device and/or downloaded from the Toradex customer pages. The software includes the Microsoft® Windows® CE or Windows® Embedded Compact Images as provided by Toradex® and/or the Toradex® Board Support Packages (“BSP”) for Windows® CE and Embedded Compact, which may include Platform Builder code, EBOOT Bootloader, device drivers and documentation as well as modifications, enhancements and bugfixes made by Toradex, in source code or binary format. The software also includes any separate media on which you received the software.

The software on your device includes software licensed from Microsoft® Corporation or its affiliate.

The terms also apply to any Microsoft

- updates,
- supplements,
- Internet-based services, and
- support services

for this software, unless other terms accompany those items. If so, those terms apply.

If you obtain updates or supplements directly from Microsoft, then Microsoft, and not Toradex, licenses those to you.

As described below, using the software also operates as your consent to the transmission of certain computer information for Internet-based services.

By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, contact Toradex to determine its return policy for a refund or credit.
If you comply with these license terms, you have the rights below.

### 1. USE RIGHTS

Use. The software license is permanently assigned to the device with which you acquired the software. You may use the software on the device only.

Board Support Packages (“BSP”). Before downloading and using a Toradex BSP you must acquire a valid license for Microsoft’s Platform Builder and other necessary licenses from Microsoft as well as acquire a Toradex computer module and board. Board Support Packages from Toradex are provided in binary format only. You may only use a Toradex BSP to build software for use with Toradex products.

### 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS

Other Software. You may use other programs with the software as long as the other programs

- directly supports the manufacturer’s specific use for the device, or
- provide system utilities, resource management, or anti-virus or similar protection.

### 3. SCOPE OF LICENSE

The software is licensed, not sold, and nothing in this agreement shall be interpreted or construed as a sale or purchase of the software. This agreement only gives you some rights to use the software. Toradex and Microsoft reserve all other rights not expressly granted in this agreement. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that allow you to use it only in certain ways. For more information, see the software documentation or contact Toradex. You may not:

- work around any technical limitations in the software;
- reverse engineer, decompile, disassemble or otherwise attempting to derive source code from the software;
- make more copies of the software than specified in this agreement;
- publish the software for others to copy;
- rent, lease or lend the software; or
- use the software for commercial software hosting services.

Except as expressly provided in this agreement, rights to access the software on this device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access this device.

### 4. MICROSOFT INTERNET EXPLORER®

You are not granted any license to Microsoft Internet Explorer with this Agreement. You need a separate software license for using Microsoft Internet Explorer with the software. Please contact a local Microsoft sales representative or Toradex for further information.

### 5. INTERNET-BASED SERVICES

Microsoft provides Internet-based services with the software. Microsoft may change or cancel them at any time.

a. Consent for Internet-Based Services. The device may contain one or more of the software features described below. These features connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. For more information about these features, visit go.microsoft.com/fwlink/?linkid=104604 or contact Toradex.
By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system and browser, the name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you. Depending on the Image or BSP you are using one or several of the following features on the device have been elected to be turned on.

- Plug and Play and Plug and Play Extensions. You may connect new hardware to your device. Your device may not have the drivers needed to communicate with that hardware. If so, the update feature of the software can obtain the correct driver from Microsoft and install it on your device.
- Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. Examples of these features are clip art, templates, online training, online assistance and Appshelp. You may choose to switch them off or not use them.
- Digital Certificates. The software uses x.509 version 3 digital certificates. These digital certificates confirm the identity of user sending information to each other and allow you to encrypt the information. The software retrieves certificates and updates certificate revocation lists over the Internet.
- Auto Root Update. The Auto Root Update feature updates the list of trusted certificate authorities. You can switch off this feature.
- Windows Media Digital Rights Management. Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. This software and third party software use WMDRM to play and copy WMDRM-protected content. If the software fails to protect the content, content owners may ask Microsoft to revoke the software’s ability to use WMDRM to play or copy protected content. Revocation does not affect other content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. Microsoft software that includes WMDRM will ask for your consent prior to the upgrade. If you decline an upgrade, you will not be able to access content that requires the upgrade. You may switch off WMDRM features that access the Internet. When these features are off, you can still play content for which you have a valid license.
- Windows Media Player. When you use Windows Media Player, it checks with Microsoft for

- compatible online music services in your region;
- new versions of the player; and
- codecs if your device does not have the correct ones for playing content. You can switch off this feature. For more information, go to: go.microsoft.com/fwlink/?LinkId=51331.

- Malicious Software Removal/Clean On Upgrade. Before installation of the software, the software will check and remove certain malicious software listed at www.support.microsoft.com/?kbid=890830 (“Malware”) from your device. When the software checks your device for Malware, a report will be sent to Microsoft about any Malware detected or errors that occurred while the software was checking for Malware. No information that can be used to identify you is included in the report. You may disable the software’s Malware reporting functionality by following the instructions found at www.support.microsoft.com/?kbid=890830.
- Network Awareness. This feature determines whether a system is connected to a network by either passive monitoring of network traffic or active DNS or HTTP queries. The query only transfers standard TCP/IP or DNS information for routing purposes. You can switch off the active query feature through a registry setting.
- Windows Time Service. This service synchronizes with www.time.windows.com once a week to provide your device with the correct time. The connection uses standard NTP protocol.
- Search Suggestions Service. In Internet Explorer, when you type a search query in the Instant Search box or type a question mark (?) before your search term in the Address bar, you will see search suggestions as you type (if supported by your search provider). Everything you type in the Instant Search box or in the Address bar when preceded by a question mark (?) is sent to your search provider as you type. Also, when you press Enter or click the Search button, the text in the Instant Search box or Address bar is sent to the search provider. If you use a Microsoft search provider, use of the information sent is subject to the Microsoft Online Privacy Statement. This statement is available at go.microsoft.com/fwlink/?linkid=31493. If you use a third-party search provider, use of the information sent will be subject to the third party’s privacy practices. You can turn search suggestions off at any time. To do so, use Manage Add-ons under the Tools button in Internet Explorer. For more information about the search suggestions service, see go.microsoft.com/fwlink/?linkid=128106.
- Consent to Update Infrared Emitter/Receiver. The software may contain technology to ensure the proper functioning of the infrared emitter/receiver device shipped with certain Media Center-based products. You agree that the software may update the firmware of this device.
- Media Center Online Promotions. If you use Media Center features of the software to access Internet-based content or other Internet-based services, such services may obtain the following information from the software to enable you to receive, accept and use certain promotional offers:

- certain device information, such as your Internet protocol address, the type of operating system and browser you are using, and the name and version of the software you are using,
- the requested content, and
- the language code of the device where you installed the software.
- Your use of the Media Center features to connect to those services serves as your consent to the collection and use of such information.

- Media Playback Updates. The software on the device may include media playback features which receives updates directly from the MSCORP Media Playback Update servers. If activated by your manufacturer, these updates will be downloaded and installed without further notice to you. The manufacturer is responsible for ensuring these updates work on your device.
- Windows Update Agent. The software on the device includes Windows Update Agent (“WUA”). This feature enables your device to access Windows Updates either directly from MSCORP Windows Update server or from a server installed with the required server component and from the Microsoft Windows Update server. To enable the proper functioning of the Windows Update service in the software (if you use it) updates or downloads to the Windows Update service will be required from time to time and downloaded and installed without further notice to you. Without limiting any other disclaimer in these license terms or any license terms accompanying a Windows Update, you acknowledge and agree that no warranty is provided by Microsoft Corporation or their affiliates with respect to any Windows Update that you install or attempt to install on your device.

b. Use of Information. Microsoft may use the device information, error reports, and Malware reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.

c. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.

### 6. PRODUCT SUPPORT

Contact Toradex for support options. Refer to the support number provided with the device. Toradex is however not obligated to provide any support, upgrades or new software releases.

### 7. BACKUP COPY

You may make one backup copy of the software. You may use it only to reinstall the software on the device.

### 8. PROOF OF LICENSE

If you acquired the software on the device, or on a disc or other media, a genuine Certificate of Authenticity (“COA”) label with a genuine copy of the software identifies licensed software. To be valid, this label must be affixed to the device, or included on or in Toradex’s software packaging. If you receive the label separately, it is not valid. You should keep the label on the device or packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see www.howtotell.com.

### 9. TRANSFER TO A THIRD PARTY

You may transfer the software only with the device, the Certificate of Authenticity (“COA”) label, and these license terms directly to a third party. Before the transfer, that party must agree that these license terms apply to the transfer and use of the software. You may not retain any copies of the software including the backup copy. A transfer to a third party is not permitted for software under the Kitting Program (cf. paragraph 3. above).

### 10. NO LICENSE TO STANDARDS AND PATENT POOLS

You are not granted a license to any necessary patent or other intellectual property of third parties with respect to telecom and CODEC standards (including any successors or derivatives) as well as any rights offered by patent pool licensing agencies such as MPEGLA, VIA Licensing and HDMI Licensing. Examples of standards include, without limitation: Global System for Mobile (Communications) (GSM), General Packet Radio Services (GPRS), Code Division Multiple Access (CDMA), Single Carrier Radio Transmission Technology (CDMA/1xRTT), and MPEG (audio and video). You are not granted a license to any patent pool where Microsoft is a party to the patent pool, except if you have the right to license such intellectual property under a separate license agreement.

Notice about the H.264/AVC Visual Standard, the VC-1 Video Standard, the MPEG-4 Visual Standard and the MPEG-2 Video Standard. This software may include H.264/AVC, VC-1, MPEG-4 Part 2, and MPEG-2 visual compression technology. If the software includes those visual compression technologies MPEG LA, L.L.C. requires this notice:

THIS PRODUCT IS LICENSED UNDER ONE OR MORE VIDEO PATENT PORTFOLIO LICENSES SUCH AS, AND WITHOUT LIMITATION, THE AVC, THE VC-1, THE MPEG-4 PART 2 VISUAL, AND THE MPEG-2 VIDEO PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE VIDEO UNDER SUCH PATENT PORTFOLIO LICENSES. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS PRODUCT IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM.

Notice about the MP3 Audio Standard. This software includes MP3 audio encoding and decoding technology as defined by ISO/IEC 11172-3 and ISO/IEC 13818-3. It is not licensed for any implementation or distribution in any commercial product or service.

### 11. COPYRIGHT AND PRODUCT LABELING

You must reproduce and apply any copyright or other proprietary rights notices. You are not authorized to use any trademarks, logos, etc. of Toradex, except as approved in advance and in writing by Toradex.

### 12. NOT FAULT TOLERANT

You acknowledge that the software is not fault tolerant.

### 13. RESTRICTED USE

The software was not designed for systems that require fail-safe performance or for incorporation into products intended for use in hazardous, dangerous to life or potentially life-threatening environments. You may not use the software in any device or system in which a malfunction of the software would result in foreseeable risk of injury or death to any person or in severe environmental damage. This includes operation of nuclear facilities, aircraft navigation or communication systems and air traffic control, direct life support machines or weapons systems.

### 14. NO WARRANTIES FOR THE SOFTWARE

The software is provided “as is”. You bear all risks of using it. Toradex, Microsoft and their affiliates give no express or implied warranties, guarantees or conditions. Any warranties you receive regarding the device or the software do not originate from, and are not binding on, Microsoft or its affiliates. Toradex, Microsoft and their affiliates exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement.

### 15. INDEMNITY

You agree to fully defend and indemnify Toradex, Microsoft and their affiliates from any claims, liabilities and costs (including reasonable attorney’s fees) related to your use of the software (including transfer to third parties) or your violation of this agreement.

### 16. LIABILITY LIMITATIONS

In no event shall Toradex, Microsoft or their affiliates be liable for any direct or indirect damages, including incidental, special, consequential, punitive damages or lost profits.

This limitation applies to:

- anything related to the software, services, as well as to content (including code) on 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.

It also applies even if Microsoft should have been aware of the possibility of the damages.
If this disclaim of liability cannot be upheld in a particular case before a court or an arbitral body, liability of Toradex, Microsoft and their affiliates shall in any case be limited to willful misconduct or gross negligence.

### 17. EXPORT RESTRICTIONS

The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.

### 18. ENTIRE AGREEMENT

This agreement, additional terms (including any printed-paper license terms that accompany the software and may modify or replace some or all of these terms), and the terms for supplements, updates, Internet-based services and support services that you use, form the entire agreement for the software and support services.

### 19. APPLICABLE LAW AND JURISDICTION

This agreement is governed exclusively by Swiss law. The exclusive court jurisdiction of the courts of Lucerne (venue: District Court Kriens) will apply to this agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded.