John Deere Mobile RTK
Signal Network Subscription Agreement
Territory Scope: European Union, non-EU countries in European Economic Area (EEA), Switzerland, Commonwealth of Independent States (CIS)
Release Date: 2020-02-01
This Mobile RTK Signal Network Subscription Agreement (“ Agreement ”) is between “ You ” (the user of the John Deere Mobile RTK Signal Network) and John Deere GmbH & Co. KG, Intelligent Solutions Group, Straßburger Allee 3, 67657 Kaiserslautern, Germany (“ John Deere ”). John Deere grants you access to the John Deere Mobile RTK Signal Network herein referred to as (“ Mobile RTK Signal ” or “Network” ) and will provide any associated services during the subscription period and according to the terms and conditions stated below.
IMPORTANT – PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING THE NETWORK. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND JOHN DEERE REGARDING ACCESS TO THE NETWORK. ORDERING THE NETWORK SUBSCRIPTION SIGNIFIES YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS. THIS AGREEMENT IS BETWEEN YOU AND JOHN DEERE ONLY. NO THIRD PARTY (INCLUDING BUT NOT LIMITED TO JOHN DEERE DEALERS) HAS THE AUTHORITY TO CHANGE OR SUPPLEMENT THIS AGREEMENT.
John Deere hereby grants you permission to access, with one roving GNSS receiver (hereinafter “Rover” ), the Network during the Term, contingent on your compliance with this Agreement (including paying all subscription fees agreed prior to execution of this Agreement) during the Term. The Term is as defined in section 7.1. You may access the Network with additional Rovers upon paying additional fees as agreed to from time to time with John Deere in writing. You understand and agree that Your right to access the Network under this Agreement is limited to the territory of the country that was identified prior to execution of this Agreement and is identified in the name of the subscription.
You agree that usage information and other content provided to You, including but not limited to positioning data, through authorized use of the Network, are confidential and the exclusive property of John Deere and its licensors.
If you fail to satisfy any obligation under the Agreement, in addition to any other available remedies, you agree that John Deere may prevent you from accessing the Network. In addition, you agree to pay all costs, expenses, and reasonable attorneys’ fees for John Deere’s enforcement of this Agreement.
With regard to data protection and privacy, the John Deere Mobile RTK Signal Network Privacy Notice (“#ISG-9”) as well as the MyJohnDeere™ Privacy Notice (“#ISG-2”) apply. In addition, please see also our Enterprise Privacy Statement which can be found on isg-contracts.deere.com .
You represent and warrant that You will access the Network only for Your use and, except as expressly permitted by this Agreement, You will not lend, lease or share Your access rights or subscription with any third party. You further represent and warrant that You will not access the Network to exceed the number of Rovers permitted by Your subscription. You represent and warrant that You are proficient in the use of GPS systems of the type useable with the Network and will independently assess the accuracy and value of any data derived from the Network. You represent and warrant that You will comply with all laws, codes, rules, and regulations relating to Your use of the Network, and that You have obtained all necessary licenses, permits, training, and authorizations necessary for access or use of the Network.
The John Deere Mobile RTK Signal subscription is not transferrable to a third party. The subscription can be transferred to replacement hardware if the ownership remains with the contracting party.