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End User License Agreement

This End User License Agreement and the General Terms and Conditions included as Exhibit A (the "Agreement") is a binding agreement between you (the “Licensee" or "you") and Dometic Corporation (the "Company"). This Agreement governs your use of the Dometic Global Connectivity Platform that is comprised of the Application or any combination of the following: (i) Application, (ii) Cloud, and (iii) Global Cellular Connectivity services (the “GCC” and together with (i) and (ii) and all related documentation and Updates, the "Application"). The Application is licensed, not sold, to you.

BY DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION.

  1. License Grant. Subject to, and in strict accordance with, the terms of this Agreement, the Company grants you a limited, non-exclusive, and non-transferable license to:

    (a)            download, install, and use the Application for your personal, non-commercial use on devices owned or otherwise controlled by you ("Devices"); and

    (b)           access and use on such Devices the Content and Services (as defined in Section 4) made available in or otherwise accessible through the Application.

  2. License Restrictions. As Licensee, you shall not:

    (a)           copy the Application;

    (b)           reproduce, publish, modify, alter, tamper with, repair, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

    (c)           reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

    (d)           remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application,

    (e)           let, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by other devices at any time;

    (f)            remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;

    (g)           use the Application in any manner that causes damages to the Company, the provider of GCC and/or any third-party vendors;

    (h)           gain, or attempt to gain, unauthorized access to connected networks or computer resources in the GCC provider network and IT infrastructure;

    (i)            destroy, distort, or make unauthorized use of the information in any networks or any IT systems of the GCC provider;

    (j)            use the Application in such a manner so as to impair the quality of the GCC or interfere with the GCC provider’s ability to provide connectivity to its other customer;

    (k)           infringe others’ copyrights or other intellectual property rights in a manner that causes damage to the Company or the GCC provider;

    (l)            replace or remove any SIM cards without contacting the Company first; or

    (m)          access the Application, including the GCC, in a way intended to avoid incurring fees or exceeding usage limits.

  3. License Obligations. As Licensee, you are responsible for:

    (a)           keeping any personal credentials and log in information up-to-date and secure from unauthorized access;

    (b)           taking preventive measures and actions to protect your IT systems and the Devices from viruses or other harmful content when using the Application and/or the Content and Services;

    (c)           the actions and omissions of others who you permit to use the Devices, the Application, the Content and Services or that you give access to your account information;

    (d)          keeping the Devices’ software updated, when recommended by the Company, to continue accessing the Application; and

    (e)          using the Application and the Content and Services with care and precaution in ways that do not prsent a risk for any damage or loss to property or persons.

  4. Content and Services. The Application enables connectivity services provided by the Company or third party service providers and may give access to the Company's website (the "Website") and products and services accessible thereon, the Application Platform, the Cloud Platform and the GCC Platform and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy located at https://www.dometic.com/en-us/us/terms-of-use and https://www.dometic.com/en-us/us/privacy-notice, as may be updated from time to time and which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use shall also be deemed a violation of this Agreement.

  5. Accessibility.

    (a)          To get access to the services in the Application and the Content and Services, you may be required to register a personal account. You may allow additional users to control functions in your connected environment via the Application by entering further email addresses. If so, such users may also access and control all controllable features, equipment, hardware and functions

    (b)          The Company does not guarantee network coverage at all locations. If the mobile network providers that the Company partners with in your jurisdiction cease providing GCC, the Company reserves the right to discontinue offering the Application’s connectivity services via the internet in that jurisdiction.

  6. Updates. The Company may from time to time at its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features or related product launches (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. The Company’s intention is to supply a fully operational Application and Content and Services to enable a continuous development of features and services. You understand that there is no obligation of the Company to provide Updates or to continue to provide or enable any new features or functionality. Based on your Applications’ configurations, when connected to the internet either:

    (a)           the Application will automatically download and install all available Updates; or

    (b)           you may receive notice of or be prompted to download and install available Updates.

    You agree to promptly download and install all Updates and acknowledge and agree that the Application or certain features of the Application may not properly operate should you fail to do so. The Company may charge fees for certain Updates and the continued use of such Updates may be subject to a new or increased fee. You will have the option to accept an Update and the accompanying fee prior to downloading and installing an Update that is subject to such fee.

  7. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that the Company shall not be responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

  8. Term and Termination.

    (a)           The term of this Agreement commences when you first install or use the Application and continues in effect until terminated by you or the Company as set forth in this Section 8.

    (b)           If you are a non-registered user, you may terminate this Agreement by deleting the Application and all copies thereof from your Devices and discontinuing use of the Application and all features thereof.           

    (c)           If you are a registered user, you may terminate this Agreement by deleting the Application and all copies thereof from your Devices and discontinuing use of the Application and all features thereof. You will continue to be a registered user at the Company with an account and ID. If you wish to terminate your account and ID including all records, contact the Company at https://www.dometic.com/contact-us.

    (d)           If you are a paying user (using the Application with a subscription based service), you may terminate the subscription of the services from the Application or on the Company’s web site as https://www.dometic.com. The detailed conditions of the subscription are depending on the specific services bought.  You may terminate this Agreement by deleting the Application and all copies thereof from your Devices and discontinuing use of the Application and all features thereof.  You will continue to be a registered user at the Company with an account and ID. If you wish to terminate your account and ID including all records, contact Dometic at https://www.dometic.com/contact-us

    (e)           The Company may terminate this Agreement and/or your account or access to the Application (i) at any time without notice if it ceases to support the Application either entirely or on a no fee basis for non-paying users, which the Company may do in its sole discretion, or (ii) by giving 30 days prior notice if termination is for convenience of the Company. In addition, this Agreement and/or access to the Application shall terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. However, if you are a registered or paying user at the time of such termination, you will continue to be a registered user at the Company with an account and ID. If you wish to terminate your account and ID including all records following a termination of the Application or your violation of the terms and conditions of this Agreement, contact Dometic at https://www.dometic.com/contact-us.

    (f)            Upon termination:

    (i)            all rights granted to you under this Agreement shall also terminate; and

    (ii)           you shall cease all use of the Application and delete the Application from your Devices and account.

    (g)           Termination shall not limit any of the Company's rights or remedies at law or in equity.

  9. Governing Law and Dispute Resolution. Unless otherwise required by mandatory provisions under applicable consumer legislation, this Agreement shall be governed by and construed in accordance with laws of State of Indiana.

  10. Entire Agreement. This Agreement, the General Terms and Conditions, our website Terms of Use and our Privacy Policy constitute the entire agreement between you and the Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between the Agreement or any other documentation or terms, the terms of the Agreement shall govern.

Last revision January__, 2023.

Exhibit A - General Terms & Conditions

  1. Exclusions for Equipment and Hardware. Any features, equipment or hardware in your connected environment that are monitored by the Application are not covered by these terms and conditions and the Company shall have no liability with respect to such features, equipment or hardware; in this respect please refer to the separate terms and conditions provided to you upon your purchase of the features, equipment, hardware or your connected environment.

  2. Personal Data. For information on the processing of personal data, please refer to the Company’s Privacy Policy at https://www.dometic.com/en-us/privacy-notice.

  3. Payment. The license to the Application may intially be provided free of charge; however, the Application requires an internet connection to work properly. You are solely responsible for having an appropriate internet subscription for the Device on which the Application is installed or is being used. Your internet subscription, if provided by a third party, may entail additional terms and conditions, including data traffic costs, for which the Company is not liable.

    The Company may provide you with a time limited free subscription for access to the Application and the Content and Services via the internet. However, the Company reserves the right to charge a fee for access to the Application or any Updates in the future and shall provide you notice of such fees. If you have not been provided with a free subscription of connectivity services for access to the Application and the Content and Services, or if your free period has expired, using the connectivity services via the internet requires a paid subscription. By providing your payment details to the Company you agree that the Company may charge you for the connectivity services for access to the Application and the Content and Services.

    If you have been provided with a free time limited subscription and registered your payment details, but do not want to become a paying user upon the expiration of such free subscription period or upon an Update that requires the payment of a fee, you must manually unsubscribe from the connectivity services by contacting the Company at https://www.dometic.com/contact-us or not downloading the Update that requires the fee. The same applies if you have started paying for connectivity services via the internet, and wish to cease payments. If the subscription period for which a payment relates has commenced, the payment for that period will not be refunded.

  4. Reservation of Rights. You acknowledge and agree that the Application is provided under license to you, and is not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than the right to use the Application in accordance with the license granted herein, and subject to all terms, conditions, and restrictions, under this Agreement. The Company and its licensors and service providers reserve and shall retain their right, title, and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

  5. Intellectual Property Rights. All intellectual property rights to the Application, the Content and Services and the connectivity services are owned by the Company or its licensors. Unless permitted by this Agreement, you will not be granted any rights in or to such intellectual property rights. The Company only grants you a limited license to access and use the Application, the Content and Services and the connectivity services under the specific terms and conditions in this Agreement. In addition to the immediate termination of this Agreement by the Company, any violation of the license granted in this Agreement may also be subject to legal action and liability. All rights to trademarks, company logos, domain names and symbols of the Company or the Company’s licensees’ intellectual property rights used or linked in the Application, the Content or Services or the connectivity services belong to their respective owners, and all rights to them are reserved.

  6. Collection and Use of Your Information. You acknowledge that when you install or use the Application, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Devices and about your use of the Application. You may also be required to provide certain information about yourself as a condition to installing or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy Policy found at  https://www.dometic.com/en-us/privacy-notice, as updated from time to time. By installing, using, and providing information to or through this Application, you consent to all actions taken by the Company and its licensors and service providers with respect to your information in compliance with the Privacy Policy. Additionally, you acknowledge that when you use the Application, you are aware that mobile and internet communications may be subject to interception, whether by malicious persons or authorized parties (i.e., governmental agencies or law enforcement). The Company cannot guarantee the security of any data passed across the mobile and internet networks and you must consider this when utilizing the Application.

  7. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO THE LICENSEE "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND (A) THAT THE APPLICATION SHALL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH THE DEVICES OR ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR SHALL BE CORRECTED OR (B) FOR ANY MODIFICATIONS MADE BY YOU OR BY THIRD PARTIES TO YOUR CONNECTED ENVIRONMENT OR ANY OF THE FEATURES, EQUIPMENT OR HARDWARE IN YOUR CONNECTED ENVIRONMENT THAT CAN BE MONITORED OR CONTROLLED BY THE APPLICATION.

  8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

    (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

    (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR THE APPLICATION.

    THE FOREGOING LIMITATIONS SHALL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS, LOSSES, COSTS OR DISSATISFACTION CAUSED BY THE USE OF THE APPLICATION AND THE CONTENT AND SERVICES IS TO STOP USING THE APPLICATION, DE-REGISTER FROM THE APPLICATION AND TO DELETE IT FROM ANY DEVICES.

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION SHALL BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.

  9. Indemnification. You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, licensors, service providers, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

  10. Changes to the Agreement and these Terms and Conditions. The Company may from time to time and in its discretion make changes to the Agreement and these Terms and Conditions. The latest revision date is stated at the end of the Agreement and at the end of the Terms and Conditions. It is your responsibility to check from time to time for updates. When the Company makes revisions of the terms and conditions that it considers material, the Company shall inform you by way of a notification in the Application. You have no obligation to continue using the Application following any changes to the Agreement or the Terms and Conditions, but if you continue to use the Application after any changes such use shall constitute an acceptance of the changes.

Last revision December ___, 2022.