END-USER LICENSE AGREEMENT FOR ROSA SOFTWARE

IMPORTANT - READ CAREFULLY: This Dow End-User License Agreement (“EULA”) is a legal agreement
between you (either an individual or a single entity) and Dow Chemical Company for the ROSA software
product, which includes computer software and may include associated media, printed materials, and
“online” or electronic documentation (“SOFTWARE PRODUCT”). The SOFTWARE PRODUCT also includes
any updates and supplements to the original SOFTWARE PRODUCT provided to you by Dow. Any
software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user
license agreement is licensed to you under the terms of that license agreement. By installing, copying,
downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the
terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE
PRODUCT.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights:

• Applications Software. You may install, use, access, display, run, or otherwise interact with the
SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer,
workstation, terminal, handheld PC, pager, “smart phone,” or other digital electronic device
(“COMPUTER”). The primary user of the COMPUTER on which the SOFTWARE PRODUCT is installed may
make a second copy for his or her exclusive use on a portable computer.
• Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage
device, such as a network server, used only to RUN the SOFTWARE PRODUCT on your other COMPUTERS
over an internal network; however, you must acquire and dedicate a license for each separate
COMPUTER on which the SOFTWARE PRODUCT is RUN from the storage device.
• Reservation of Rights. All rights not expressly granted are reserved by Dow.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

• Not for Resale . The SOFTWARE PRODUCT is a “Not For Resale” product, notwithstanding other
sections of this EULA, your use of the SOFTWARE PRODUCT is limited to use for your own design ,
demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the
SOFTWARE PRODUCT.
• Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer,
decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation.
• Trademarks. This EULA does not grant you any rights in connection with any trademarks or service
marks of Dow.
• Rental. You may not rent, lease, or lend for value the SOFTWARE PRODUCT.
• Support Services. Dow may provide you with support services related to the SOFTWARE PRODUCT
(“Support Services”). Use of Support Services is governed by the Dow policies and programs described
in the user manual, in “online” documentation, and/or in other Dow-provided materials. Any
supplemental software code provided to you as part of the Support Services shall be considered part of
the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to
technical information you provide to Dow as part of the Support Services, Dow may use such information
for its business purposes, including for product support and development. Dow will not utilize such
technical information in a form that personally identifies you.
• Software Transfer. The initial licensee of the SOFTWARE PRODUCT may transfer this EULA and
SOFTWARE PRODUCT. This transfer must include all of the SOFTWARE PRODUCT (including all
component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the
Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect
transfer. The transferee of such transfer must agree to comply with the terms of this EULA.
• Termination. Without prejudice to any other rights, Dow may terminate this EULA if you fail to comply
with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE
PRODUCT and all of its component parts. Dow reserves its right to terminate this EULA at its sole
discretion, without notice. At the request of Dow, you agree to discontinue using the SOFTWARE
PRODUCT and required to DELETE THE SOFTWARE PRODUCT from your computers and systems if Dow
requests for any reason. Dow also reserves its right to replace the version of the SOFTWARE PRODUCT at
its sole discretion with a newer version, and require deletion of the former version of the SOFTWARE
PRODUCT, at Dow’s sole discretion.

3. UPGRADES. Periodicly Dow may provide upgrades to the SOFTWARE PRODUCT any supplemental
software provided to you as part of the upgrade shall be considered part of the SOFTWARE PRODUCT
and subject to the terms and conditions of this EULA.

4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to
any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the
SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT
are owned by Dow or its suppliers. All title and intellectual property rights in and to the content which
may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content
owner and may be protected by applicable copyright or other intellectual property laws and treaties.
This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation
which is provided only in electronic form, you may print such electronic documentation. You may not
copy the printed materials accompanying the SOFTWARE PRODUCT.

5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium.
Regardless of the type or size of medium you receive, you may use the medium that is appropriate for
your COMPUTER. You may not loan, rent, lease, for value the SOFTWARE PRODUCT.

6. BACKUP COPY. After installation of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the
original media on which the SOFTWARE PRODUCT was provided by Dow solely for backup or archival
purposes. You may not loan, rent, lease, for value the SOFTWARE PRODUCT.

7. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government
pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and
restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government
pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as
provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as
applicable.

8. EXPORT RESTRICTIONS. This SOFTWARE PRODUCT has been classified by the US Government as
exportable under License Exception TSU. Therefore the following terms apply: You agree that you will
not export or re-export the SOFTWARE PRODUCT, any part thereof, or any process or service that is the
direct product of the SOFTWARE PRODUCT (the foregoing collectively referred to as the “Restricted
Components”), to any country, person or entity subject to U.S. export restrictions. You specifically agree
not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has
embargoed or restricted the export of goods or services, which currently include, but are not necessarily
limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country,
wherever located, who intends to transmit or transport the Restricted Components back to such
country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted
Components in the design, development or production of nuclear, chemical or biological weapons; or (iii)
to any person or entity who has been prohibited from participating in U.S. export transactions by any
federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other
U.S. federal agency has suspended, revoked or denied your export privileges.

MISCELLANEOUS. This EULA is governed by the laws of the State of Michigan in the United States, and by
consenting to downloading or using this SOFTWARE PRODUCT, you agree to the exclusive jurisdiction of
the State of Michigan, regardless of your location. Should you have any questions concerning this EULA,
or if you desire to contact Dow for any reason, please contact the Dow subsidiary serving your country,
or write: FilmTec Minneapolis Minnesota.

LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US.

DOW AND ITS SUPPLIERS MAKE NO WARRANTIES WHATSOEVER THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE, FREE FROM
VIRUSES, OR THAT THE SOFTWARE WILL BE COMPLETELY SECURE DURING OR AFTER DOWNLOADING.
FURTHERMORE, DOW AND ITS SUPPLIES MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE
CALCULATIONS BEING PROVIDED THROUGH THIS SOFTWARE, INCLUDING THEIR ACCURACY OR FITNESS
FOR YOUR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOW AND ITS SUPPLIERS MAKE
NO WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOMER OR TRADE USAGE, AND SPECFICIALLY
DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PRUPOSE AND NON-
INFRINGEMENT.

LIMITED WARRANTY FOR DOW FILMTEC™ PRODUCTS

By using ROSA, you (either an individual or a single entity), acknowledge that Dow provides this
calculation tool as a convenience to suggest the appropriate Reverse Osmosis Membranes
(“Membranes”) suitable for the system size described by you, and based on the data provided by you
estimate the resulting performance. You acknowledge and agree that ROSA projections are only meant
to determine which Membranes sold by Dow are suitable for the system that you design and engineer.
You understand that because such projections are an estimate only, ROSA projections do not guarantee
performance nor are such projections meant to be a warranty for the system or its design. If you choose
to design your systems based on the ROSA projections, you will take full responsibility for such design
and for the system. You acknowledge that Dow gives a system warranty only in limited circumstances
and only under certain specific terms and conditions. Should you decide to buy Membranes, to the
extent Dow gives its standard Membrane warranty, which is the standard FilmTec 3-year prorated
element warranty, Dow will provide such a limited warranty. You acknowledge that a system warranty is
not typical and is not an entitlement. You agree to use best engineering practices and process judgment
in product selection and system design.

CUSTOMER REMEDIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOW AND ITS SUPPLIERS
EXPRESSLY DISCLAIM ALL LIABILITY FOR YOUR DOWNLOADING AND USE OF THE SOFTWARE PRODUCT.
IN NO EVENT SHALL DOW OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRED OR
CONSEQUENTIAL DAMAGES WHATSOVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF
DOW HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN ANY CASE, DOW’S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR
THE SOFTWARE PRODUCT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY OR MAY NOT APPLY TO YOU.

NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Dow and its suppliers
disclaim all other warranties and conditions, either express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with
regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. This
limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction
to state/jurisdiction.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Dow or
its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever
(including, without limitation, damages for loss of business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE
PRODUCT or the provision of or failure to provide Support Services, even if Dow has been advised of the
possibility of such damages. In any case, Dow's entire liability under any provision of this EULA shall be
limited to the amount actually paid by you for the SOFTWARE PRODUCT. Because some states and
jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to
you.