                         Moxa End-User License Agreement
                            For Moxa Industrial Linux

This Moxa End-User License Agreement (“Agreement”) governs your download, 
installation, or use of Moxa Industrial Linux (“Software Product”), and 
updates thereof, provided by Moxa Inc., or any one of its subsidiaries or 
affiliated companies (collectively referred to as “Moxa"), regardless of 
the delivery mechanism. Installing or using any part of the Software Product 
indicates your acceptance of this Agreement. If you do not agree to this 
Agreement, you must immediately cease using the Software Product along with 
all related documentation, if any, and return them with your receipt to the 
place you obtained them. Moxa reserves the right to change, modify, add or 
delete provisions in this Agreement.

1. LICENSE AND RESTRICTIONS

The Software Product is a modular Linux operating system consisting of 
multiple software components. Most of the software components are free and 
open source software (FOSS) components. The use of each FOSS component is 
governed respectively by its corresponding FOSS license, which is accessible 
in each FOSS component’s source code file or in /usr/share/doc. You may copy, 
modify, and redistribute any of such FOSS components, either in source code 
or binary code form, if you comply with the corresponding FOSS license. 
The Software Product also includes some proprietary software components. 
The use of each proprietary software component is governed respectively by 
its corresponding software license, which is accessible in /usr/share/doc. 
This Agreement permits you to access, use, or modify the Software Product for 
the purpose of operating a device that you purchase from Moxa (“Moxa Device”). 
However, you are not allowed to modify any proprietary software component 
or to use such component for a purpose other than the above-identified purpose. 
This Agreement does not limit your rights under, or grant you rights that 
supersede, the terms and conditions of any of the FOSS licenses. 

2. RESPONSIBILITIES

Except to the extent caused by Moxa’s breach of this Agreement, (a) you are 
responsible for all activities that occur under your account and accounts 
created and/or authorized by you, regardless of whether the activities are 
authorized by you or undertaken by you, your employees or a third party 
(including your contractors, agents or end users), and (b) Moxa and its 
affiliates are not responsible for unauthorized access to your account or 
accounts created and/or authorized by you. 

3. INDEMNIFICATION

You will defend, indemnify, and hold harmless Moxa, its affiliates 
and licensors, and each of their respective employees, officers, directors, 
and representatives from and against any damage or loss arising out of or 
relating to any third-party claim concerning: (a) your use of the Software 
Product, or (b) breach of this Agreement or violation of applicable law by 
you. You will reimburse Moxa for reasonable attorneys’ fees, as well as its 
employees’ and contractors’time and materials spent responding to any third 
party subpoena or other compulsory legal order or process associated with 
third party claims described in (a) and (b) above. 

4. LIMITED WARRANTY

THE SOFTWARE PRODUCT ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED 
BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, 
LIMITED OR WAIVED, MOXA AND ITS AFFILIATES AND LICENSORS (A) MAKE NO 
REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, 
STATUTORY OR OTHERWISE REGARDING THE SOFTWARE PRODUCT, AND (B) DISCLAIM ALL 
WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF 
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, 
NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF 
DEALING OR USAGE OF TRADE, AND (III) THAT THE SOFTWARE PRODUCT WILL BE 
UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS.

5. LIMITATION OF LIABILITY

MOXA AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY 
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES 
(INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, 
GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY 
OF SUCH DAMAGES. FURTHER, NEITHER MOXA NOR ANY OF ITS AFFILIATES OR LICENSORS 
WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING 
IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SOFTWARE PRODUCT; (B) THE 
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, 
EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR 
YOUR USE OF THE SOFTWARE PRODUCT; OR (D) ANY UNAUTHORIZED ACCESS TO, 
ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE 
ANY OF YOUR DATA. IN ANY CASE, MOXA AND ITS AFFILIATES’ AND LICENSORS’ 
AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY 
YOU TO MOXA FOR THE MOXA DEVICE RUNNING THE SOFTWARE PRODUCT. THE LIMITATIONS 
IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6. TERM AND TERMINATION

You may terminate this Agreement at any time by destroying the Software 
Product and related documentation and the authorized backup copy. Either 
party may terminate this Agreement for cause if the other party is in 
material breach of this Agreement and the material breach remains uncured 
for a period of 30 days from receipt of notice by the other party. Any terms 
and conditions of this Agreement that by their nature or otherwise reasonably 
should survive termination, cancellation or other expiry of this Agreement 
shall survive any termination, cancellation or other expiry of this Agreement.

7. GOVERNING LAW

This Agreement shall be governed and interpreted in accordance with 
the laws of Taiwan, without giving effect to choice of law principles. 
Any disputes arising under or in connection with this Agreement shall be 
subject to the venue and jurisdiction of Taipei District Court, Taiwan as 
the court of first instance.