Bearing Condition Monitoring - End-user licence agreement

END USER LICENCE AGREEMENT Bearing Condition Monitoring-App (BCM-App)

between

LIEBHERR-Components AG,

Kirchweg 46

5415 Nussbaumen, Schweiz

- hereinafter referred to as "LIEBHERR -,

and

CUSTOMER as owner, tenant or otherwise authorised user of the respective LIEBHERR component(s), for which the BCM-App licence has been purchased.

Preliminary remarks:

The BCM-App is a software for a mobile device for recording, transmitting and processing machine, component, position, time and process data - depending on the BCM-App product purchased in each case - of the respective LIEBHERR component(s) for which the BCM-App licence was purchased and making this data available (in processed or unprocessed form).

Any use of the BCM-App shall be governed solely by the terms and conditions of this End User License Agreement, to the full exclusion of any terms and conditions of the CUSTOMER that conflict with the terms and conditions of this End User License Agreement.

The CUSTOMER is therefore requested to read the terms and conditions of this End User Licence Agreement carefully and attentively before using the BCM-App.

By checking the acceptance box below, the CUSTOMER acknowledges that it has reviewed, understands and fully agrees to the terms and conditions of this End User Licence Agreement.

NOTICE IS HEREBY GIVEN THAT THE USE OF THE BCM-APP DOES NOT EXEMPT THE CUSTOMER AND/OR THE OPERATOR FROM THE OBLIGATION TO PREVIOUSLY CONSIDER THE APPLICATION DOCUMENTATION APPROPRIATE TO THE DEVICE OR COMPONENT. THE USER IS REQUIRED TO PREVIEW THE APPLICATION DOCUMENTATION, IN PARTICULAR THE OPERATING, ASSEMBLY AND/OR MAINTENANCE INSTRUCTIONS, LOAD CURVES OR EQUIPMENT, AND/OR THE SAFETY INSTITUTIONS OF THE RELEVANT COMPONENT/EQUIPMENT! ONLY COMPETENT INDIVIDUALS ARE AUTHORISED TO USE THE EQUIPMENT.

1. Subject of the agreement:

1.1 Right of use:

LIEBHERR grants the CUSTOMER a non-exclusive and non-transferable right, limited to the purchased component(s), to use the BCM-App in accordance with the terms and conditions of this End User Licence Agreement in connection with the respective purchased components including the BCM-App hardware for the period specified in Clause 21. "Personal data" (hereinafter also called "data") are all the details that make a statement about a natural person. Personal data are not just details that allow a direct conclusion to be drawn about a certain person (such as a person's name or email address), but also information with which with suitable additional knowledge a connection can be made with a certain person.

a) exclusively within the scope of the CUSTOMER's business activities and persons authorised by the CUSTOMER to do so;

b) on hardware intended for use by persons authorised to do so by the CUSTOMER in the course of the CUSTOMERs business;

c) exclusively for the purpose of obtaining machine, component, position, time and process data of the respective LIEBHERR component for which the BCM-App licence has been acquired and subsequently for the administration, maintenance and/or optimisation of the operation of the LIEBHERR component.

The CUSTOMER is in no way entitled to:

i) Modify the BCM-App and/or use it in such a way that other software or hardware may be damaged, rendered unusable, overloaded or impaired and/or persons or property may be harmed;

ii) Reconstruct, disassemble, decompile or create other products from the BCM-App and/or use the BCM-App or any part thereof for purposes other than those granted to the CUSTOMER by the terms of this End User Licence Agreement;

iii) To use the BCM-App to the extent that national or international laws and regulations would be violated thereby;

iv) To reproduce the BCM-App in any way, in whole or in part, and/or to pass on such reproductions, in whole or in part, to third parties or to make them accessible in any other way.

1.2 Requirements for use:

The following technical requirements for the use of BCM-App must be ensured by the CUSTOMER at his own expense:

- Faultlessly functioning hardware (smart device, smart phone, smart tablet) with the required properties according to the BCM-App product description in the app store;

- a functioning data connection between the respective LIEBHERR component for which the BCM-App license was acquired, or the BCM-App hardware provided by LIEBHERR for this purpose, and the hardware of the CUSTOMER,

- a mobile broadband internet connection between LIEBHERR and the CUSTOMER.

1.3 Changes and updates:

Within the scope of product development, LIEBHERR is entitled, but not obliged, to modify or update the BCM-App, in particular to adapt it to legal, economic or technical conditions.

1.4 Availability:

The availability of BCM-App requires a functioning data connection between the BCM-App hardware and the hardware of the CUSTOMER as well as the proper functioning of all systems involved. It can therefore not be ruled out that BCM-App may not be able to provide up-to-date data at times.

LIEBHERR reserves the right to interrupt the availability of BCM-App to the extent customary in the market for service and/or maintenance measures.

1.5 Support:

In the event of questions or problems in connection with the BCM-App, LIEBHERR is available to the CUSTOMER during LIEBHERR's usual business hours at the following contact details:

Liebherr-Components AG

Kirchweg 46

5415 Nussbaumen/AG

Switzerland

[email protected].

Notwithstanding the foregoing, LIEBHERR shall not be obliged to provide services to the CUSTOMER for the use of BCM-App, whether in the form of online support, a hotline or otherwise.

1.6 Data use / data protection:

The CUSTOMER acknowledges and agrees that LIEBHERR is entitled to store the machine, component, position, time and process data collected, transmitted and/or processed by means of the BCM-App as well as to use and/or process this data, inter alia, for the purposes of product development or improvement and/or for the purposes of improving customer service and/or, for this purpose, may also pass on this anonymised data to affiliated companies or third parties.

To the extent that data collected, transmitted and/or processed by means of the BCM-App constitutes personal data of natural persons, the CUSTOMER shall be solely responsible for establishing and maintaining all legal and factual prerequisites for a legally compliant use of the BCM-App by the CUSTOMER in accordance with relevant data protection provisions and shall fully indemnify and hold LIEBHERR, its group companies and/or their directors, officers and other employees harmless against any claims arising out of or in connection with a breach of this Clause 1.6 by the CUSTOMER.

2. Duration of the right of use:

Subject to payment of the usage fee referred to in Clause 3, the right to use BCM-App described in Clause 1.1 shall be granted to the CUSTOMER.

Notwithstanding the foregoing, however, LIEBHERR shall be entitled at any time to prematurely revoke the right of use granted to the CUSTOMER and to suspend or terminate the contractual relationship in question if the user fee pursuant to Clause 3 is not paid on time or in full or if the provisions of this End User Licence Agreement are otherwise breached.

3. User fee:

For the granting of the right to use BCM-App in accordance with section 1.1, a usage fee in the amount defined in the BCM-App product purchased in each case shall be paid. This usage fee must always be paid in full in advance for the entire usage period and is independent of any actual use of BCM-App. In the event of premature termination of the contractual relationship in question, regardless of the reason, any usage fee already paid shall be forfeited in full.

4. BCM-App protection:

The CUSTOMER is granted a non-exclusive and non-transferable right, limited to the purchased component(s), to use BCM-App in accordance with the terms of this End User Licence Agreement. At the same time, the CUSTOMER acknowledges and agrees that BCM-App is protected by national and international provisions and conventions on copyright and intellectual or intangible property. LIEBHERR shall remain the owner, author and holder of all other intellectual or intangible property rights in BCM-App. Any use of BCM-App outside the rights expressly granted in this End User Licence Agreement is a breach of contract and may infringe copyrights, trademarks or other rights. This End User Licence Agreement does not grant the CUSTOMER any rights to copyrights, trademarks, distinctive signs or other rights of LIEBHERR.

5. Warranty / Liability:

LIEBHERR only warrants that the BCM-App

i) works substantially on one of the two most recent versions of Apple's or Android's operating systems, but the CUSTOMER may not be able to use all of the applications; and

ii) can be used free of third party rights in Germany.

However, notwithstanding the foregoing, defects for which LIEBHERR is not responsible, such as defects attributable to faults in the hardware, the operating system or the Internet browser or defects due to misuse, abuse and/or modifications of BCM-App by the CUSTOMER or third parties, shall not entitle the CUSTOMER to exercise warranty rights, in which cases the CUSTOMER shall reimburse LIEBHERR in full for all costs incurred with regard to a search for defects and/or the rectification of defects.

LIEBHERR is not liable in any way for the quality, completeness, correctness and/or freedom from errors of the data recorded, transmitted, processed and/or made available (in processed or unprocessed form) by means of the BCM-App or the processes displayed by the BCM-App.

Furthermore, LIEBHERR is not liable in any way for BCM-App being available at any time and in any place without interruption, as the availability of BCM-App depends on a functioning data connection between the respective device/LIEBHERR component for which the BCM-App licence was acquired, LIEBHERR and the CUSTOMER, as well as the proper functioning of all systems involved, both of which may be interrupted or impaired due to service and/or maintenance measures, for technical reasons (such as radio technical, atmospheric or geographical circumstances) and/or for other reasons beyond the control of LIEBHERR.

In the event of a significant defect for which LIEBHERR is responsible, LIEBHERR shall remedy such defect within a reasonable period after written request by the CUSTOMER. If the defect has not been remedied after expiry of the period, the CUSTOMER shall be entitled to demand a price reduction or, in the event of a defect which is not minor, to withdraw from the present End User Licence Agreement. Further claims are excluded.

To the extent legally permissible, any contractual or non-contractual liability of LIEBHERR, its affiliated companies and/or their directors, officers and other employees as well as for auxiliary persons for damages of any kind, whether direct or indirect, which may arise from or in connection with the use of BCM-App or parts thereof, is excluded. This limitation of liability does not apply any liability for damage to life, limb or health of persons, through intent or gross negligence of LIEBERR or in other cases of legally mandatory liability.

6. Indemnification:

The CUSTOMER shall fully indemnify and hold LIEBHERR, its affiliated companies and/or their directors, officers and other employees harmless against any claims arising out of or in connection with any breach of the terms of this End User Licence Agreement and/or any misuse or abuse of BCM-App by the CUSTOMER or any third party using its BCM-App licence.

7. Applicable law / place of jurisdiction:

Swiss law shall apply to any disputes arising out of or in connection with this End User Licence Agreement.

The exclusive place of jurisdiction shall be the court competent for the registered office of LIEBHERR. LIEBHERR shall, however, also be entitled, at its own discretion, to bring any action before the court which, according to the legal provisions applicable in the country in which the CUSTOMER has its place of business or residence or liquidable assets, is competent for the subject-matter and place of jurisdiction.

8. General:

The CUSTOMER may only assign its rights under this End User Licence Agreement with the prior written consent of LIEBHERR.

If the CUSTOMER resells the respective LIEBHERR Component for which the BCM-App was acquired, the CUSTOMER shall be obliged to demonstrably inform LIEBHERR thereof. In this case, the right to use the BCM-App in accordance with the terms of this End User Licence Agreement shall not pass to the purchaser of the respective LIEBHERR component or device with LIEBHERR components. Should the latter also wish to use BCM-App, it shall of course be free to acquire a right of use again by way of its own End User Licence Agreement.

LIEBHERR reserves the right to amend the terms and conditions of this End User Licence Agreement at any time by notifying the CUSTOMER accordingly in writing, in which case the amended terms and conditions shall be deemed to have been accepted by the CUSTOMER unless the CUSTOMER has objected to them in writing within four weeks.

If any provision of this End User Licence Agreement is or becomes invalid, this shall not affect the validity of the remainder of this End User Licence Agreement. The invalid provision shall be deemed to be replaced by a legally permissible provision that comes as close as possible to the economic purpose of the invalid provision. The same shall applyif there are any omissions in this End User Licence Agreement.

9. Protection of your access credentials:

The CUSTOMER is obliged to keep the access data (login, password) provided to it by LIEBHERR for the use of BCM-App safe and to ensure that these are not used by unauthorised third parties.