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936.4720b

4.1 Subject to the conditions and limitations set forth in this section 4, Kathrein shall pay all costs and damages finally awarded against Customer or

its employees to the extent based upon a claim that Licensed Software, as supplied, infringes a patent, copyright or any other intellectual prop-
erty right of a third party (except infringement occurring as a direct result of incorporating features, operations or algorithms which are specifi-
cally required by Customer), provided that Kathrein is notified promptly in writing of any allegation of such infringement and given full cooperation,
information, and authority to settle such claim and to defend or control the defense of any suit, action or proceeding based upon such claim.

4.2 If, as a result of an infringement claim as specified under section 4.1 above, Licensee becomes enjoined or is likely to become enjoined from

using Licensed Software, Kathrein shall, at its option and expense, procure for Customer the right to continue using Licensed Software; or, modify
Licensed Software to make it non-infringing but functionally equivalent; or, substitute other software of similar capabilities. If Kathrein determines
that none of these alternatives is reasonably available, Customer shall, upon written request from Kathrein, return the Licensed Software that
is the subject of the infringement claim, and Kathrein shall refund to Customer the license fee paid by Customer therefore, less twenty percent
(20%) for each elapsed year or portion thereof since the date of this Agreement. However, Kathrein has no obligation of indemnity for any claim of
infringement arising from Customer‘s modification of the Licensed Software, data, or its combination, operation, or use with any software, data,
or equipment not specified by Kathrein, or use of a superseded or altered release of the Licensed Software. In no event shall Kathrein‘s liability
under this Paragraph 4 exceed the total amount of all license fees paid by Customer hereunder for the Licensed Software that is the subject of the
infringement claim. This section 4 states Kathrein‘s entire obligation and customer‘s exclusive remedy with respect to any claim of infringement
of any third party intellectual property rights, including but not limited to any patent rights, copy rights, utility models, design patents, trademarks,
trade names, trade secRETs, know how and any other similar rights or intangible assets recognized under any law.

5. LIMITATION OF LIABILITY

5.1 Customer and Kathrein agree that the license fees for licensed Software would not adequately compensate Kathrein for assuming all risk associ-

ated with performance, breach or non-performance of this agreement, and that to avoid having to increase its license fees to adequately protect
against such unlimited risk Customer and Kathrein agree to the limitation of Kathrein‘s liability as set forth in this article 5.

5.2 Kathrein‘s liability is not limited for damages caused by the lack of properties expressly guaranteed by Kathrein, for damages out of bodily injuries

or for damages caused by fraud or gross negligence.

5.3 Except for the cases expressly set forth in section 5.2, Kathrein‘s liability shall be limited to a maximum amount of two (2) license fee per single

event and to an aggregate amount of four (4) license fees for the entire term of the agreement. Moreover Kathrein shall not be liable for any inci-
dental, indirect, consequential, untypical, unpredictable or punitive damages, including but not limited to lost profits or revenues, costs of delay,
business interruption, costs of lost or damaged data or documentation of liabilities of Customer to third parties arising from any source, even if
Kathrein has been advised of the possibility of such damages. Especially, Kathrein shall not be liable for any damage resulting from an interruption
of the operation of any mobile communication network.

5.4 The liability according to the German ‘Produkthaftungsgesetz’ remains unaffected (§ 14 ProdHaftG).
5.5 The limitation of liability according to this section 5 applies to any kind of liability regardless whether based on contract, tort or any other legal

theory.

5.6 This article 5 shall survive any termination or expiration of this agreement.

6. TERM AND TERMINATION

This Agreement shall continue indefinitely unless terminated by one of the parties. This Agreement may be terminated by Customer upon thirty
(30) days notice to Kathrein and by Kathrein upon breach of any term of this Agreement, which breach is not cured within thirty (30) days after
written notice by Kathrein, or should Customer cease business operations, be adjudged a bankrupt or become a party to a similar proceeding for
the benefit of its creditors. Immediately after such termination, Customer will cease use of Licensed Software, delete all parts of Licensed Soft-
ware from its Hardware and deliver any and all copies and modifications of Licensed Software to Kathrein and, if requested, provide Kathrein with
its written certification that no copies have been retained.

7. TAXES

Except for taxes based on Kathrein‘s income, Kathrein shall not be responsible for any federal, state or local taxes based upon Customer‘s
purchase, possession or use of Licensed Software or upon any charges payable or services performed hereunder.

8. APPLICABLE LAW, INTEGRATION AND MODIFICATION

8.1 This agreement shall be governed, interpreted and enforced according to the laws of Germany, not including any conflict of law provisions thereof

and not including the CISG (UN-Convention on the International Sale of Good/ UN-Kaufrecht). Place of jurisdiction shall be Traunstein, Germany.

8.2 This Agreement comprises the full and final understanding between Kathrein and Customer, and merges and supersedes any and all other agree-

ments, understandings or representations, written or oral, with respect to the subject matter hereof. It may not be modified except by a writing
signed by authorized representatives of both Kathrein and Customer, and referring specifically to this Agreement.

8.3 Waiver by any party of the breach of a provision of this Agreement by the other party shall not be construed as a continuing waiver of such provi-

sion or waiver of any other breach of any other provision of this Agreement.

8.4 Severability

If any provision of this agreement is invalid or unforceable under any applicable law or regarded as invalid or unforceable by any applicable court
decision, the parties agree that such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions and
further agree to substitute for the invalid or unenforceable provision a valid and enforceable provision which most closely approximates the intent
and economic effect of the invalid provision within the limits of applicable court decisions.