Dometic Marine - Mobile App License Agreement

Please carefully read this Mobile App License Agreement (“Agreement”).  This Agreement establishes the terms and conditions under which Dometic Corporation (“Dometic”, “we”, “our” or “us”) will permit the download, installation, and operation of the mobile software application you are attempting to download or install (“Software”).  This Agreement forms a binding legal agreement between Dometic and you, or if you represent an entity or other organization, that entity or organization (in either case “you” or “your”).  Dometic is willing to allow you to download, install, and operate the Software, provided that you accept and agree to be bound by this Agreement.

By clicking to accept this agreement, or by downloading, installing, or operating the Software, You acknowledge that You have read, understand, and agree to be bound by the terms of this Agreement.  If you are entering into this Agreement on behalf of your employer or another entity, by clicking TO ACCEPT THIS AGREEMENT you represent that you have authority to bind that entity.  If you do not have such authority or you do not agree to the terms of this Agreement, do not click TO ACCEPT THIS AGREEMENT or download, install, or operate the software.  

this agreement CONTAINs PROVISIONS THAT LIMIT OUR LIABILITY AND GOVERN HOW DISPUTES BETWEEN YOU AND DOMETIC ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT BELOW WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND DOMETIC TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

Capitalized words and phrases used in this Agreement have the definitions given in this Agreement, or, if not defined herein, have their plain English meaning as commonly interpreted in the United States.  .

1. Term.  This Agreement will begin when you first click to accept this Agreement or initially download, install, or operate the Software and will continue until terminated as set forth herein.
   
   
2. ELIGIBILITY.  The Software is for use by individuals 18 years of age and older for their own personal use.  Additional eligibility requirements for certain features of the Software may be stated in the Software.  If you do not meet any such eligibility requirements, the Software is not for you, and you are not permitted to establish an Account (as defined below) and you may not access or use the Software.
   
   
3. changes to this agreement.  Dometic reserves the right to modify the terms of this Agreement at any time.  Dometic will use commercially reasonable efforts to notify you of any modifications as permitted under this Agreement.  You are responsible for regularly reviewing such modifications.  By using the Software after such modifications are made, you agree to comply with such modifications.
   
   
4. Software.  As used in this Agreement, the term “Software” means not only the software application you are currently attempting to download or install, but also all functionality accessible through the Software.
   
   
5. mODIFICATIONS.  While Dometic has no obligation to provide any updates, upgrades, new versions, or other enhancements or modifications to the Software (“Modifications”), Dometic reserves the right to modify the Software at any time by making those modifications available to you.  The term “Software” also includes any Modifications to the Software Dometic may provide.
   
   
6. Equipment.  This Agreement applies to the Software itself and not to Dometic connected hardware or equipment you may monitor or interact with through the Software (“Equipment”).  Dometic has no control over, is not responsible for, and accepts no responsibility or liability for, any Equipment under this Agreement.  Any Equipment is covered by the separate terms and conditions provided when purchasing that Equipment (“Equipment Terms”) and not by this Agreement.  In the event of a conflict between this Agreement and any such Equipment Terms, this Agreement will control as to the Software and your rights to download, install, operate, or otherwise access or use the Software and the applicable Equipment Terms will apply to the Equipment.
   YOU ARE SOLELY RESPONSIBLE FOR CHOOSING TO ACCESS, MONITOR, USE, OR CONTROL ANY EQUIPMENT THROUGH THE SOFTWARE.  DOMETIC’S OBLIGATIONS UNDER THIS AGREEMENT ARE LIMITED TO THE SOFTWARE AND DOMETIC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ANY EQUIPMENT YOU MAY ACCESS, MONITOR, USE, OR CONTROL THROUGH THE SOFTWARE.  DOMETIC WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ACCESS TO, MONITORING OR USE OF, OR CONTROL OVER (OR ANY INABILITY TO ACCESS, MONITOR, USE OR CONTROL) ANY EQUIPMENT THROUGH THE SOFTWARE. 
   
   
7. Connectivity.  In order for you to connect to, access, and use the Software, you will be required to acquire and maintain Internet connectivity for the Software and Equipment.  You are solely responsible for acquiring and maintaining all such Internet connectivity and all SIM cards and other equipment, hardware, or software necessary for such connectivity, at your own cost and expense (“Connectivity”).  You may acquire and maintain Connectivity on your own or you may choose to obtain Connectivity offered by Dometic through one or more of Dometic’s third party Connectivity service providers (“Third Party Connectivity Providers”).  All Connectivity offered by Dometic is provided by Third Party Connectivity Providers and is not provided by Dometic.  Your access to and use of any Connectivity is subject to any separate terms and conditions you enter into with any Third Party Connectivity Provider (“Connectivity Terms”), even if such Connectivity is sold through Dometic.  In addition, if you obtain any Connectivity through a Third Party Connectivity Provider, the terms and conditions in Appendix A (Third Party Connectivity Provider) are incorporated into and form a part of this Agreement and your access to and use of all such Connectivity is also subject to such terms and conditions.  In the event of a conflict between this Agreement and any Connectivity Terms, this Agreement will control as to the Software and your rights to download, install, operate, or otherwise access or use the Software and the applicable Connectivity Terms will apply to the Connectivity Services.  
   YOU ARE SOLELY RESPONSIBLE FOR CHOOSING TO PURCHASE, ACCESS, OR USE ANY CONNECTIVITY.  DOMETIC’S OBLIGATIONS UNDER THIS AGREEMENT ARE LIMITED TO THE SOFTWARE AND DOMETIC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ANY CONNECTIVITY.  DOMETIC WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONNECTIVITY (OR ANY INABILITY TO MAINTAIN CONNECTIVITY WITH RESPECT TO ANY PORTION OF THE SOFTWARE OR ANY EQUIPMENT).
   
   
8. App Stores.  Your use of the Software is also subject to any terms and conditions applicable to the third party app store through which you may download or access the Software.  Dometic is not a party to nor responsible for those terms or conditions.  If you have purchase or obtain the Software through the Apple App Store, the terms and conditions in Appendix A (Apple App Store) are incorporated into and form a part of this Agreement and your access to and use of the Software is also subject to such terms and conditions.
   
   
9. Third-Party Software.  The Software may include software owned or provided by third-party licensors, vendors, and providers (together with any Third Party Connectivity Providers, “Third Party Providers”).  If any such third party software is indicated to be subject to the terms of a third party software license separate from this Agreement (“Third Party License”), then the terms of that Third Party License will apply to such third party software independent of the terms of this Agreement.  All other third party software included in or with the Software will be subject to the terms of this Agreement and may be used by you only under the terms of this Agreement.  Nothing in this Agreement is intended to limit your rights under, or to grant rights or impose restrictions that supersede, the terms of any open source software license applicable to any such third party software.
   
   
10. License Grant.  Conditioned on your continued compliance with the terms and conditions of this Agreement, Dometic agrees to provide you a non-exclusive, limited, personal, non-transferrable, non-sublicenseable license to install and use Software on a single mobile device owned or controlled by you solely for access to and use of the applicable Dometic offerings as intended.
    
    
11. Restrictions.  You may not and will not permit any third party to: (1) modify, adapt, alter, translate, or create derivative works of or from the Software; (2) merge or combine the Software with other software not provided by Dometic; (3) sublicense, distribute, sell, or otherwise transfer the Software to any third party; (4) lease, rent, or loan the Software or provide the use thereof to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to modify or derive the source code for any portions of the Software not made available to you by Dometic in source code form; (6) impersonate any other person or entity in your use of the Software; (7) access or attempt to access any information regarding any other person or entity or provided to any other person or entity; (8) circumvent or overcome (or attempt to circumvent or overcome) any technological protection measures intended to restrict access to the Software or any systems of Dometic; (9) challenge the validity or enforceability of this Agreement; or (10) exploit the Software in any unauthorized way including by trespass or burdening network capacity.  You may not remove, alter or obscure any trademark, logo, copyright notice or any other proprietary notice that appears on or in the Software or on any copies.
    
    
12. Accounts.
    
    11.1  Your Account.  You may be required to establish a user account (an “Account”) to access the Software.  Approval of your request to establish an Account will be at the sole discretion of Dometic.  In connection with establishing an Account, you will be asked to submit certain information about yourself (“Account Information”).  You agree that: (a) all Account Information you provide will be true and complete; and (b) you will maintain and promptly update all Account Information to keep it accurate and current.
    
    11.2   Account IDs.  Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature.  Your Account is for your personal use and your Account ID may be used only by you or, if you are an organization, by an individual employee within your organization.  You may not distribute or transfer your Account or Account ID or provide a third party with the right to access your Account or Account ID.  You may not: (a) select or use an Account ID of another person with the intent to impersonate that person; and (b) use an Account ID that Dometic, in its sole discretion, deems offensive.
    
    11.3   Responsibility.  You are solely responsible for all use of the Software through your Account.  You will ensure the security and confidentiality of your Account ID and will notify Dometic immediately if any Account ID is lost, stolen or otherwise compromised.  You are fully responsible for all costs, fees, liabilities or damages incurred through the use of your Account or under any Account ID (whether lawful or unlawful) and that any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by you.  Dometic will not be liable for the foregoing obligations or the failure by you to fulfill those obligations.
    
    
13. FEES.  Certain features of the Software may be available only for a fee.  You will pay Dometic the fees and charges as indicated on the Software (“Fees”).  All Fees will be due and payable as indicated on the Software.  You will pay all Fees when due.  Unless otherwise indicated through the Software, all Fees will be payable in U.S. Dollars.  All Fees are non-refundable once paid to Dometic.  If any amounts should remain unpaid when due, such amounts will be subject to a charge of the lesser of 1.5% per month or the applicable legal maximum.  Late charges are intended as reasonable estimates of the amounts necessary to compensate Dometic for costs and losses associated with delays in payment, and not as a penalty.  Dometic may update any Fees applicable to this Agreement at any time, by making those modifications available to you through the Software, with such update(s) applicable to any subsequent purchases.  You are solely responsible for all expenses you may incur under this Agreement or through your access to and use of the Software.  All Fees are exclusive of, and you will be responsible for payment of, all taxes, assessments, fees, or other charges of any kind.
    
    
14. Ownership.  You acknowledge that the Software constitutes valuable trade secrets of Dometic.  The Software is licensed, not sold, to you for use under the terms of this Agreement.  The Software and all intellectual property and proprietary rights therein and related thereto are the sole and exclusive property of Dometic.  Except as expressly stated in this Agreement, Dometic grants no rights or licenses to you (whether by implication, estoppel, or otherwise) in or to the Software or any intellectual property or proprietary rights of Dometic or its licensors and Dometic and its licensors retain and reserve all rights in and to the Software and all such intellectual property and proprietary rights.
    
    
15. Termination.  This Agreement will automatically terminate effective upon any breach by you of this Agreement or any Equipment Terms or Connectivity Terms, with or without notice from Dometic.  Moreover, Dometic may also terminate this Agreement at any time upon notice to you.  Upon termination of this Agreement, all rights and licenses to the Software granted to you in this Agreement will immediately cease and you agree to promptly discontinue all use of the Software and destroy the Software and all copies thereof in your possession or control.  The following provisions of this Agreement will survive termination: 14 (Ownership), 18 (Representations), 19 (Disclaimers), 20 (Indemnification), 21 (Limitation of Liability), 22 (High Risk Activities), 23 (Improvements; Feedback), 24 (Equitable Relief), 27 (Notice), 28 (Disputes; Arbitration) and 30 (Additional Terms).
    
    
16. SUSPENSION.  In addition to any right of termination, Dometic reserves the right to suspend, remove, or disable access to the Software at any time without notice and Dometic will not be liable to you for the same.
    
    
17. Errors.  You acknowledge that the Software may include pre-release versions of software, as well as bugs, viruses and other errors, may have limited functionality, may be subject to interruptions or delays in service, may not process data properly, may not operate in accordance with any specifications or documentation, and/or may not support or be supported by your requirements or your mobile device on which you operate the Software (“Errors”).  Any documentation, user’s manuals, specifications, and other materials supplied by Dometic pertaining to the Software may contain inaccuracies or typographical errors.
    
    
18. Representations.  You represent, warrant, and covenant that: (1) you are 18 years of age or older; (2) You have the right to and are able to enter into this Agreement; (3) any information submitted by you during the registration process or in connection with Your Account is accurate and complete; and (4) all your use of the Software is and will remain in compliance with all applicable laws, rules and regulations and will not cause you, Dometic or any third party to violate any laws, rules or regulations. 
    
    
19. Disclaimer.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Software AND any connectivity services, your access to or use of the software or any connectivity services, and ANY RESULTS OBTAINED FROM THE software or any connectivity services, ARE provided strictly “as-is” and Dometic and ANY third party providers make no representations or warranties whatsoever regarding the Software or any connectivity services, the use or operation thereof, or any results obtained therefrom.  Without limiting the foregoing, Dometic and ANY third party providers make no warranty that the Software or any connectivity services, or the use or operation thereof, will be uninterrupted, error-free, or virus-free.  Dometic and ANY third party providers hereby expressly disclaim all warranties with respect to the software and any connectivity services or any use or operation thereof, WHETHER EXPRESS, IMPLIED OR STATUTORY, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.  Dometic and ANY third party providers hereby disclaim, and you hereby agree that Dometic and ANY third party providers shall not be liable for, any defense, indemnity or hold harmless obligations in connection with this agreement, the software or any connectivity services, or any USE or operation thereof.
    
    
20. Indemnification.  You will defend, indemnify, and hold harmless Dometic, all Third Party Providers, and its and their respective parents, affiliates, and subsidiaries, and each of their respective officers, directors, employees, contractors, and agents, from and against any damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (a) the Software or any Connectivity Services, (b) your download, installation, operation, or other access to or use of the Software or any Connectivity Services, or (c) your breach of this Agreement.  Dometic will give you notice of any such claim for indemnification by Dometic.
    
    
21. Limitation of Liability.  Your use of the Software AND connectivity SERVICES is at Your own risk, and You agree that IN NO EVENT WILL DOMETIC OR ANY THIRD PARTY PROVIDER BE LIABLE FOR any DAMAGES OF ANY KIND, INCLUDING DIRECT DAMAGES, indirect damages, consequential damages, special damages, incidental damages, punitive damages or any SIMILAR damages, or for any lost profits of any kind or nature whatsoever ARISING OUT OF, RELATING TO, OR RESULTING FROM THIS AGREEMENT, THE SOFTWARE OR any connectivity services, or THE USE OR OPERATION THEREOF.  the foregoing limitations will apply regardless of whether either party is aware or has been advised of the possibility of such damageS or losses AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  IN STATES WHERE LIMITATIONs OF LIABILITY FOR any of the foregoing are NOT PERMITTED, THEN YOU AGREE THAT THE MAXIMUM TOTAL LIABILITY OF Dometic OR ANY THIRD PARTY PROVIDER RELATING TO THIS AGREEMENT, THE SOFTWARE or any connectivity services, OR THE use or OPERATION THEREOF, WILL be limited to (a) $100 or (b) IN STATES WHERE A LIMITATION OF LIABILITY OF $100 WOULD BE DEEMED UNENFORCEABLE, THE MAXIMUM EXTENT PERMITTED BY LAW.
    
    
22. High-Risk Activity.  You understand and acknowledge that the Software AND any connectivity SERVICES ARE not fault-tolerant and ARE not designed or intended for use in any high-risk or hazardous environment, including the operation of nuclear power facilities, aircraft navigation, air traffic control, life support machines, weapons systems, or any other application where the failure or malfunction of any product can reasonably be expected to result in death, personal injury, severe property damage or severe environmental harm.  Accordingly: (1) you should not use the Software OR any connectivity SERVICES in any such environment; (2) any use of the Software OR any connectivity SERVICES in any such environment is at your own risk; (3) Dometic and its suppliers shall not be liable to you in any way for use of the Software OR any connectivity SERVICES in any such environment; and (4) Dometic makes no warranties or assurances, express or implied, regarding use of the Software OR any connectivity SERVICES in any such environment.
    
    
23. Improvements; Feedback.  If you provide observations, comments, criticisms, suggestions, improvements, or other feedback relating to the use, operation, performance, functionality, or features of the Software (“Feedback”), Dometic may use that Feedback for any purpose, without notice, payment, or other obligation to you.  All use of any Feedback will be at Dometic’ sole discretion.
    
    
24. Equitable Relief.  You agree that any use of the Software  or any Connectivity Services in breach of this Agreement will cause Dometic irreparable harm for which monetary damages is not an adequate remedy; in such event, Dometic will be entitled to injunctive or other equitable relief in any court of competent jurisdiction without prejudice to any other right or remedy and without posting a bond or proving actual damages.
    
    
25. U.S. Government.  The Software is a “commercial item” as that term is defined at FAR 2.101 (Oct 1995), consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S. Government only as a commercial end item.  Consistent with FAR. 12.212 and DFARS 227.7202 (Jun 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
    
    
26. Export.  The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries.  You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required.
    
    
27. Notice.  Any notice to be given or delivered by you to Dometic under this Agreement will be in writing and addressed and delivered to Dometic at the address posed on www.dometic.com.  All notices sent to Dometic must be sent by US mail (postage prepaid) or using a reputable, expedited overnight or international courier (in each case, with delivery confirmation).  All notices will be deemed to have been received by Dometic on the day actually received by Dometic.  Any notice by Dometic to you under this Agreement may be provided to you either through the Software itself or at the email address or street address provided by you to Dometic or in connection with your Account or otherwise on file with Dometic.  All notices will be deemed to have been received by you on the 3rd business day after which such Notice is sent by Dometic.  Either party may change its address for receipt of Notice purposes upon issuance of Notice thereof in accordance with this Section.
    
    
28. Disputes; Arbitration.
    
    25.1 Disputes.  The parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach or termination of this Agreement (each, a “Dispute”) through discussion between the parties.
    
    25.2  Arbitration.  You and we agree that United States federal Law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal Law) the Laws of the State of Illinois, without regard to conflict of Laws principles, will govern all Disputes.  Such body of Law will apply regardless of your residence or your location.  You and we agree that this Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings.  Any Disputes must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel).  We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous.  You and we agree that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals.  You and we agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable or a particular claim is subject to arbitration.  You and we agree that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.  The arbitrator will decide the substance of all claims in accordance with applicable Law, including recognized principles of equity, and will honor all claims of privilege recognized by Law.  You and we agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
    
    25.3  Exceptions.  There are only two exceptions to this agreement to arbitrate. First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.  Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
    
    25.4  Amendments.  Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment.  However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and us.  If you do not agree to these amended terms, you may cease all use of the Software within 30 days of the posting or notification and you will not be bound by the amended terms.
    
    25.5  Exclusive Venue.  Unless you and we agree otherwise and except as described above with respect to relief sought in small claims court, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute, either as a result of your decision to opt out of the agreement to arbitrate or as a result of a decision by the arbitrator or a court order, you agree (except as otherwise provided by applicable law) that any claim or Dispute that has arisen or may arise between you and Dometic must be resolved exclusively by a state or federal court located in Chicago, Illinois.  You and we agree to submit to the exclusive personal jurisdiction of the courts located within Chicago, Illinois for the purpose of litigating all such claims or Disputes.
    
    25.6  You May Opt-Out of Arbitration.  YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@DOMETIC.COM (“OPT-OUT NOTICE”).  THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME.  IF YOU ARE NOT A NEW USER, YOU HAVE UNTIL 30 DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.  Any Opt-Out Notice must include your name, address (including street address, city, state, and zip code), and email address. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of this Agreement will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
    
    25.7  You Waive Certain Rights.  BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (1) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (2) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (3) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT.
    
    25.8  Time Limit for Claims.  REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY USE OF THE SOFTWARE OR ANY CONNECTIVITY SERVICES MUST BE FILED WITHIN 1 YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
    
    
29. DATA PROTECTION.  While not a part of this Agreement, the collection and sharing of personal information through the Software is subject to the Dometic privacy policy located at www.dometic.com.  Collection or sharing of personal information through any Connectivity may also be subject to the privacy policy of any applicable Third Party Connectivity Provider (you should contact your Third Party Connectivity Provider for a copy of their applicable privacy policy).
    
    
30. Additional terms.  This Agreement comprises the complete and exclusive statement of the agreement between Dometic and you with respect to the Software and supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.  Each party is acting solely as an independent contractor and no agency, employment, joint venture, partnership, or fiduciary relationship is created between the parties by this Agreement. English (U.S.A.) will be the language used in all notices and other communications under this Agreement and the English (U.S.A.) version of this Agreement and any notice or communication under this Agreement will prevail in the case of any ambiguity or inconsistency with any version in any other language.  All references herein to “including” shall mean “without limitation.”  If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force.  The parties expressly exclude (as may be applicable) the application of the Uniform Computer Information Transactions Act (UCITA) and the United Nations Convention on the International Sale of Goods.  The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.  Neither this Agreement nor any of your rights or obligations hereunder may be assigned, transferred or delegated by you in whole or in part, and whether by operation of law or otherwise, without the prior written approval of Dometic.  Any assignment, transfer or delegation in derogation of the foregoing shall be null and void.  Dometic may assign or transfer this Agreement for any reason with or without notice to you.

This Appendix applies only if you have downloaded or obtained the Software through the Apple Inc. (“Apple”) App Store.

1. Acknowledgment. You acknowledge and agree that this Agreement is between you and Dometic, not you and Apple. You acknowledge and agree that Dometic, not Apple, is solely responsible for the Software and the content thereof.
   
   
2. Scope of License. You acknowledge and agree that the license you have been granted for the Software is limited to a non-transferable license to use the Software on any Apple-branded Products that you own or control and as permitted by the Apple “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that the Software may be accessed and used by other accounts associated with the purchaser via Apple’s “Family Sharing” or volume purchasing as outlined in the Apple Media Services Terms and Conditions.
   
   
3. Maintenance and Support. You and Dometic acknowledge and agree that Dometic is solely responsible for providing any maintenance and support services with respect to the Software if and as required by applicable law, and that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
   
   
4. Warranty. You acknowledge and agree that Dometic is solely responsible for any warranties for the Software, whether express or implied by law, to the extent not effectively disclaimed. You acknowledge and agree that in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Dometic’s sole responsibility (if applicable).
   
   
5. Product Claims. You acknowledge and agree that Dometic, not Apple, is responsible for addressing any claims from you or any third party relating to the Software or your possession and/or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with any of the Software’s use of Apple’s Healthkit or Homekit frameworks.
   
   
6. Intellectual Property Rights. You acknowledge and agree that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claim.
   
   
7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
   
   
8. Developer Name and Address. Any questions, complaints or claims with respect to the Software should be directed to Dometic as specified in the Agreement, not to Apple.
   
   
9. Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the Software, for example, and as stated in the Agreement, any Connectivity Terms or Third Party License.
   
   
10. Third Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.  

This Appendix contains terms required by Dometic’s Third Party Connectivity Provider Telenor Connexion AB (“Telenor”), which provides Connectivity for the Software (the “Telenor Services”). This Addendum applies to all use of any Connectivity provided by or on behalf of Telenor.  This Addendum is in addition to any separate terms and conditions you may enter into with Telenor relating to such Connectivity (“Telenor Agreement”).

1. Provision of Services. You acknowledge and agree that this Agreement is between you and Dometic, not between you and Telenor. There is no contractual relationship between you and Telenor (or Telenor’s affiliates or partners) unless or until you enter into a separate Telenor Agreement.
   
   
2. Grant of Rights. Telenor grants you, to the extent necessary to enable the provision of the Telenor Services, a non-exclusive, non-transferable right to use the Telenor Services solely for the purposes of using the Telenor Services as a part of the Software. You have no right to copy, modify, sublicense, resell, lease or in any other form use the Telenor Services for any other purpose than what is expressly stated herein.
   
   
3. Prohibited Uses. You may not use the Software and/or the Telenor Services in a manner that causes damage to Telenor or other third-party vendors relevant to this Agreement or to the Telenor Addendum, and you must not engage in unauthorized, abusive, or fraudulent use of the Telenor Services, the mobile network and Telenor’s IoT Platform that is used to provide the SIM management services to Dometic (the “IoT Platform”), or the Dometic Software, Dometic Terminal and Dometic Data Center (collectively, “Prohibited Uses”). If you have engaged in any Prohibited Uses, Telenor may suspend the provision of the Telenor Services. Prohibited Uses under this Section include, but are not limited to, the following:
   
   a.     attempting to gain unauthorized access to connected networks or computer resources in the Telenor network and IT infrastructure;
   
   b.     destroying, distorting or making unauthorized use of the information in any networks or any IT systems provided by Telenor;
   
   c.     using the Software and/or the Telenor Services in such a manner so as to impair the quality of the Telenor Services or interfere with Telenor’s ability to provide the Telenor Services or the use of the Telenor Services by other customers of Telenor;
   
   d.     infringing Telenor’s or a third party’s copyrights or other intellectual property rights in a manner that causes damage to Telenor;
   
   e.     reproducing, publishing, disclosing, copying, modifying, altering, tampering with, repairing, or otherwise creating derivative works of any software included in or accessed through the Telenor Services;
   
   f.       reverse engineering, disassembling, or decompiling the Telenor Services or applying any other process or procedure to derive the source code of any such software;
   
   g.     accessing or using the Telenor Services in a way intended to avoid incurring fees or exceeding usage limits or quotas;
   
   h.     attempting or assisting another user to access, alter or interfere with the communications of and/or information about another user of the IoT Platform or the mobile network;
   
   i.       tampering with or making an unauthorized connection to the IoT Platform;
   
   j.       using or assisting another user to use any scheme, false representation or false credit device, or other fraudulent means or devices in connection with the Telenor Services;
   
   k.     attempting to use the Telenor Services and/or the IoT Platform in such a manner so as to avoid incurring charges for usage;
   
   l.       non-compliance with the GSMA IoT Device Guidelines;
   
   m.    using the Telenor Services in such a manner so as to impair the quality of the mobile network; or
   
   n.     using the Telenor Services to covey information that is obscene, salacious, abusive, prurient or unlawful.
   
   
4. SIM Card Restrictions. You must not remove the SIM Cards from Dometic’s Terminal and must not use the SIM Cards in connection with any services other than the Telenor Services.
   
   
5. Network Security. You acknowledge and agree that all mobile communications can be subject to interception, whether by malicious persons or authorized parties (e.g., government agencies or law enforcement). You acknowledge and agree that Telenor cannot guarantee the confidentiality or integrity of any data passed across the mobile network and you are advised to consider this when using the Telenor Services.
   
   
6. Accessibility. You acknowledge and agree that the Telenor Services may be temporarily refused, interrupted, or limited at any time due to:
   
   a. limitation of the Telenor or Telenor partner’s Network;
   
   b.     limitations of the IoT Platform;
   
   c.     transmission limitations caused by atmospheric, topographical or other factors outside of Telenor’s reasonable control; or
   
   d.     equipment modifications, upgrades, relocations, repairs and other similar activities necessary for the proper or improved operation of the Telenor and/or Telenor Partner’s Network and/or the third party IoT Platform.
   
   Individual data transmissions may be involuntarily delayed or not delivered at all for a variety of reasons, including atmospheric conditions, topography, weak batteries, system overcapacity, movement outside a geographic location in which the Telenor Services are available from time to time, and gaps in coverage within said geographic locations.
   
   
7. Inherently Dangerous Activities. You acknowledge and agree that the Telenor Services are not specifically developed for use in any nuclear, military, weapons, space, aviation, life-saving, or in any other inherently dangerous activities (“Inherently Dangerous Activities”). Notwithstanding anything to the contrary set out in the Agreement or this Addendum, you hereby agree that Telenor shall in no event be liable for any claims or damages arising as a result of the Telenor Services being used in relation to Inherently Dangerous Activities.
   
   
8. Consent to Third Party User Terms. You are aware of and accept that the use of certain third party services in connection with the Telenor Services, such as services involving software downloads, may require your consent to special user terms and conditions provided by Telenor’s co-operating partner.
   
   
9. Suspension for Misuse. Dometic has the right to suspend your ability to use the Software and/or the Telenor Services if you do not comply with the Agreement or the Telenor Addendum.
   
   
10. Telenor Rights. Telenor reserves the right to take action for using the Telenor Services in conflict with the provisions of the Agreement and/or the Telenor Addendum, including but not limited to closing, terminating or limiting your use of the Telenor Services.