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Contents

Service Specific Terms

The following provisions apply only to the extent Customer has subscribed to the applicable Service set forth below.

1.  Version Pro.

The terms of this Section 1 apply only to Customer’s use of the “Version Pro Service.”

1.1. Third Party Components.

The Version Pro Service may include third party components, including API-based project decomposition and project recomposition. Any applicable terms and/or notices required by the providers of such third party components may be disclosed within the Version Pro Service, SDA’s website, or otherwise disclosed or made available by SDA. To the extent that any third party terms are applicable to Customer’s use of the Version Pro Service, Customer must comply with such terms when using the Service. Third party providers may, at any time and without notice, restrict, change, discontinue, or prevent use of their software without entitling Customer to any refund, credit, or other compensation from SDA or the third party provider.

1.2. Discontinuing Service Based on Third Party Components.

SDA may choose to discontinue parts of the Version Pro Service based on certain third party components (e.g., discontinuing Service integration with certain third party components). SDA agrees to use reasonable efforts to provide Customer with reasonable notice prior to any discontinuation to the extent reasonably possible.

1.3. Data Storage.

The Version Pro Service allows Customer to upload files to the SDA console. SDA reserves the right to scan uploaded files and Customer’s content to protect Customer and SDA regarding viruses, malware, and other harmful and unwanted items.

1.4. Limits.

SDA does not currently technically impose hard limits with respect to API calls, file storage, and monthly data transfer (as defined on SDA’s pricing page). SDA reserves the right to monitor Customer’s usage and inform Customer if applicable displayed limits have not been complied with. SDA reserves the right to charge Customer in case of excessive usage above such displayed limits after prior warning.

1.5.  Local Client.

Certain parts of the Version Pro Service may require the download of a local client provided by SDA (the “Local Client”), which shall constitute part of the Services. All obligations of the Customer, including those set forth in Section 3.3 (Customer Responsibilities) in the main body of this Agreement apply to the Local Client. SDA will inform Customer about updates, upgrades, and patches with respect to the Local Client. Customer is solely responsible for installing all updates, upgrades, and patches (collectively, “Local Client Updates”) to ensure proper and safe functioning of the Local Client. SDA shall not be responsible for any damages arising from failure to implement any Local Client Updates.

1.6.  Data Import and Export.

SDA offers support according to the SDA Support Services Plan. Providers of third party components for the Version Pro Service, including Non-SDA Applications, are not responsible for providing support for Version Pro Services. Do not contact such third party providers for Services support.

1.7.  Support.

SDA offers support according to the SDA Support Services Plan. Providers of third party components for the DevOps Service, including Non-SDA Applications, are not responsible for providing support for DevOps Services. Do not contact such third party providers for Services support.

2.  PLC Ops.

The terms of this Section 2 apply only to Customer’s use of the “PLC Ops Service”.

2.1.  Third Party Components.

The PLC Ops Service may include third party components,  including API-based direct project deployment and connectivity. Any applicable terms and/or notices required by the providers of such third party components may be disclosed within the PLC Ops Service, SDA’s website, or otherwise disclosed or made available by SDA. To the extent that any third party terms are applicable to Customer’s use of the Version Pro Service, Customer must comply with such terms when using the Service. Third party providers may, at any time and without notice, restrict, change, discontinue, or prevent use of their software without entitling Customer to any refund, credit, or other compensation from SDA or the third party provider.

2.2.  Discontinuing Service Based on Third Party Components.

SDA may choose to discontinue parts of the PLC Ops Service based on certain third party components (e.g., discontinuing Service integration with certain third party components). SDA agrees to use reasonable efforts to provide Customer with reasonable notice prior to any discontinuation to the extent reasonably possible.

2.3. Access to Critical Manufacturing Assets.

The PLC Ops Service provides the means to connect Customer’s critical manufacturing assets to SDA’s cloud environment. Customer is responsible for integrating SDA’s services, managing network topologies as applicable, configuring firewalls as needed and managing approval processes between IT and OT networks to ensure security of involved components that are not provided by SDA. SDA is not responsible or accountable for Customer’s internal network and security measures.

2.4. Connectivity Client.

Establishing connectivity from the cloud to Customer’s systems (on edge hardware) may require the download of a connectivity client (binary, container, or other form of distribution) provided by SDA (“Connectivity Client”),  which shall constitute part of the Services. All obligations of the Customer, including those set forth in Section 3.3 (Customer Responsibilities) in the main body of this Agreement apply to the Connectivity Client. SDA will inform Customer about updates, upgrades, and patches with respect to the Connectivity Client. If SDA does not have the ability to push updates, upgrades, and patches (collectively, “Connectivity Client Updates”) to the Client, Client shall be solely responsible for installing all Connectivity Client Updates to ensure proper and safe functioning of the Connectivity Client. In addition, Customer is solely responsible for determining and implementing security updates for the underlying operating systems for the edge hardware. SDA shall not be responsible for any damages arising from failure to implement Connectivity Client Updates or edge hardware security updates.

2.5.  Data Storage.

The PLC Ops Service allows Customer to upload files to the SDA console. SDA reserves the right to scan uploaded files and Customer’s content to protect Customer and SDA regarding viruses, malware, and other harmful and unwanted items.

2.6.  Limits.

SDA does not currently technically impose hard limits with respect to API calls, file storage, and monthly data transfer (as defined on SDA’s pricing page). SDA reserves the right to monitor Customer’s usage and inform Customer if applicable displayed limits have not been complied with. SDA reserves the right to charge Customer in case of excessive usage above such displayed limits after prior warning.

2.7.  Data Import and Export.

The use of the PLC Ops Service in conjunction with other SDA services may allow Customer to transfer data cross border. Customer is solely responsible for complying with applicable import and export regulations, sanctions and other limitations imposed by applicable law.

2.8.  Support.

SDA offers support according to the SDA Support Services Plan. Providers of third party components for the PLC Ops Service, including Non-SDA Applications, are not responsible for providing support for PLC Ops Service. Do not contact such third party providers for Services support.

3.  Automation-IDE-as-a-Service.

The terms of this Section 3 apply only to Customer’s use of the “Automation-IDE-as-a-Service” Service (“IDEaaS”).

3.1.  Third Party Components.

The IDEaaS Service may include third party components, including API-based automation project opening, compiling, and deployment via connectivity establishment as well as streaming services provided by AWS. Any applicable terms and/or notices required by the providers of such third party components may be disclosed within the IDEaaS Service, SDA’s website, or otherwise disclosed or made available by SDA. To the extent that any third party terms are applicable to Customer’s use of the IDEaaS Service, Customer must comply with such terms when using the Service. Third party providers may, at any time and without notice, restrict, change, discontinue, or prevent use of their software without entitling Customer to any refund, credit, or other compensation from SDA or the third party provider.

3.2.  Trial License.

Customer may be allowed to use IDEaaS with the Siemens TIA Portal under a trial license valid for 21 days (https://support.industry.siemens.com/cs/document/109784440/simatic-step-7-incl-safety-s7-plcsim-and-wincc-v17-trial-download?dti=0&lc=en-WW). If applicable, Customer is only allowed to use a single trial license per Customer account. Only one User may use the Siemens ITA Portal trial license at a time during the trial period. Customer is prohibited from using  Siemen’s TIA Portal trial license for productive use in manufacturing (and therefore SDA restricts use of its connectivity Service with respect to Siemens TIA Portal trial licenses). Customer is strictly prohibited from creating multiple accounts to take advantage of the Siemens TIA Portal trial license program.

3.3.  Bring Your Own License (BYOL).

For use of IDEaaS with Siemens TIA Portal beyond the trial period, Customer is required to obtain and upload its own valid license(s) to the Siemens TIA Portal and consider and comply with any specific terms and conditions imposed by Siemens to Customer beyond publicly available EULA, and terms and conditions. SDA provides the SDA License Upload Manager to manage the transfer of licenses between Customer’s environment and SDA’s cloud environment. By transferring Customer’s license(s) to SDA, Customer gives SDA permission to store Customer’s licenses for the purpose of Customer using IDEaaS in compliance with Siemens TIA Portal terms and conditions. The number of Users who can use IDEaaS with the Siemens TIA Portal concurrently is limited to the number of valid licenses available for Customer’s account that have been transferred to SDA’s cloud environment via the SDA License Upload Manager. Customer is responsible for performing license transfers according to the technical Documentation provided by SDA. SDA is not responsible for lost licenses or damages based on incorrect use of the License Upload Manager. Customer agrees to use the License Upload Manager according to the relevant Documentation.

3.4.  Discontinuing Service Based on Third Party Components.

SDA may choose to discontinue parts of the IDEaaS Service based on certain third party components (e.g., discontinuing Service integration with certain third party components). SDA agrees to use reasonable efforts to provide Customer with reasonable notice prior to any discontinuation to the extent reasonably possible.

3.5.  Access to Critical Manufacturing Assets.

The IDEaaS Service provides the means to connect Customer’s critical manufacturing assets to SDA’s cloud environment. Customer is responsible for integrating SDA’s services, managing network topologies as applicable, configuring firewalls as needed, and managing approval processes between IT and OT networks to ensure security of involved components that are not provided by SDA. SDA is not responsible or accountable for Customer’s internal network and security measures.

3.6.  Remote Deployment of Control Code to Critical Assets.

The IDEaaS Service provides the means to initiate remote deployment of automation projects containing control code for critical systems after compilation. Customer is solely responsible for the content of such automation projects and is responsible for preventing deployment of projects containing control code that may lead to bodily injury or death or cause environmental or property damage.

3.7.  Associated Services.

Using the IDEaaS Service requires Customer to use certain features of the PLC Ops Service (including device management, project upload, connectivity). Depending on the SDA subscription tier, Customer may be charged for PLC Ops resources required for using the IDEaaS Service. By implicitly using the PLC Ops Service, Customer ensures to comply with the PLC Ops Service terms above.