5 Services. Submitted Materials
10 Applicable Law and Jurisdiction
MyOperations
TM
APP
END USER LICENSE AGREEMENT
Territory Scope: European Union, non-EU countries in European Economic Area (EEA), Azerbaijan, Kazakhstan, Ukraine and Russia
Release Date: 2018-05-25
Language: English
Please read this END USER LICENSE AGREEMENT carefully.
By downloading the MyOperations™ app, you have entered into a legally binding agreement with John Deere GmbH & Co. KG. If you do not agree to the terms of this, you may not download, access or otherwise use the MyOperations™ app as John Deere GmbH & Co.KG is unwilling to license it to you. Written assent is not a prerequisite to the validity of this end user license agreement. Keep a copy of this end user license agreement for your records.
The products transacted through the service are licensed, not sold, to you for use only under the terms of this End User License Agreement ( “EULA” ) from John Deere GmbH & Co. KG ( “Deere" ). Deere reserves all rights not expressly granted to you. The product that is subject to this EULA is referred to in this EULA as “MyOperations TM app” or the “licensed application” . The licensed application is provided free of charge. MyOperations TM App is the mobile version of the John Deere Operations Center (web application within your MyJohnDeere TM account) with a selected feature set. Additionally it provides a remote view of specific combine settings for capable machines (S700 series combines). Users who have access to the organization where a combine is associated to are able to modify above combine settings via the MyOperations™ app and send them as proposed settings to the combine machine terminal.
Using the MyOperations TM app to its full extent requires an actively transmitting Modular Telematics Gateway (MTG) on Your equipment (e.g. tractor, self-propelled sprayer, combine, etc...). Therefore, You need to subscribe to a respective service, either JDLink TM Access (including Remote Display Access) or JDLink TM Connect (including JDLink TM Access features plus Wireless Data Transfer). These services can be subject to fee (check with your local John Deere Dealer), depending on the type of service and the duration. Furthermore these services are subject to separate terms that you need to accept when subscribing to these services.
Any costs for mobile internet use shall be governed by the tariffs of the user’s mobile operator.
You acknowledge that this EULA is concluded between You and Deere only, and not with the provider of the App Market Place or your mobile device, and that Deere, not the provider of the App Market Place or the mobile device, is solely responsible for the Licensed Application and the content thereof.
The license granted to You for the Licensed Application by Deere is limited to a simple, non-transferable, time limited, non-sublicensable right to use the Licensed Application in object code form for the intended and contractual agreed scope of use on any mobile device (such as IOS or Android mobile devices, hereinafter referred to as “mobile device” ) that You own or control and as permitted by the usage rules set forth in the relevant App Market Place Terms of Service (the “Usage Rules” ). This EULA does not allow You to use the Licensed Application on any mobile device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by the applicable law and this EULA and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Deere and its licensors. If You breach this restriction, You may be subject to prosecution and damages.
The terms of the EULA (including the Scope of EULA) will govern any upgrades and updates provided by Deere that replace and/or supplement the original Licensed Application, unless such upgrade/update is accompanied by a separate license in which case the terms of that license will govern. Deere may provide free of charge updates for the Licensed Application that change the functionality of the Licensed Application. The exact system requirements and the full functionality owed for such updates and the Licensed Application in its latest version can be derived from the product and update description. For the avoidance of doubt and unless otherwise expressly agreed towards Deere, both Deere and the App Market Place provider have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. Neither Deere nor the App Market Place provider is responsible to provide You with any updates or upgrades or product support.
You agree that Deere may use automatic means to collect and use technical data and related information, including but not limited to technical information about Your mobile device, your use of the Licensed Application, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You related to the Licensed Application. You may also provide certain information as a condition to downloading, installing, or using the Licensed Application or certain of its features or functionality, and the Licensed Application may provide You with opportunities to share information, content, or data. All information, including Submitted Materials (see Section 4 below), collected through or in connection with the Licensed Application is subject to Deere’s Privacy Policy to be found under Data Privacy within the MyOperations TM app. By downloading, installing, using and providing information and Submitted Materials to or through this Licensed Application, You consent to all actions taken by us with respect to your information and Submitted Materials in compliance with this EULA and the Privacy Policy.
The EULA is effective until terminated by You (by simply deleting the Licensed Application from your device) or Deere. Your rights under this EULA will terminate automatically without notice from Deere if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
The Licensed Application may enable access to Deere’s and third party services and web sites (collectively and individually, "Services" ) and chargeable JDLink TM subscriptions. Access to and Use of the Services may require internet access and that You accept additional terms of service.
When using the Licensed Application, You may submit, or use the Licensed Application to collect and submit, information, content, or data ( “Submitted Materials” ) to Deere. To the extent You choose to submit, or use the Licensed Application to collect and submit, Submitted Materials to Deere, You do so at Your own initiative, expressly acknowledge that You have the right to provide Submitted Materials to Deere, and are responsible for compliance with any applicable laws, including but not limited to applicable local laws, and You also agree that you will comply with any agreements or policies governing Submitted Materials including without limitation the myJohnDeere.com terms and conditions (available at isg-contracts.deere.com ). Your submission of Submitted Materials may allow you to access information, content, or data ( “Accessed Materials” ) related to Submitted Materials.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to patent, trademark, and copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.
In addition, Third Party Services and Third Party Materials that may be accessed from, displayed on or linked to from the mobile device are not available in all languages or in all countries. Deere makes no representation that such Services and Materials are appropriate or available for use in any particular location unless otherwise expressly agreed. To the extent You choose to use or access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Deere, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Deere be liable for the removal of or disabling of access to any such Services. Deere may also impose limits on the use of or access to certain Services, in any case and without notice or liability. You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement).
The copyrights for certain portions of the Licensed Application may be owned by third parties ( “Third Party Software” ) and used under and distributed under separate license and may not be subject to the terms and conditions of this EULA. The Third Party Software Notice appended hereto or provided on a menu or screen within the Licensed Application includes the acknowledgements, notices, and licenses for the Third Party Software. The Third Party Software is licensed according to the applicable Third Party Software license notwithstanding anything to the contrary in this EULA.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY OR MERCHANTIBLE QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEERE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY UNLESS SUCH FAULTS WOULD BE FRAUDULENTELY CONCEALED. DEERE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEERE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
THE ABOVE WARRANTY TERMS ARE ONLY APPLICABLE TO YOU IF YOU HAVE DOWNLOADED MyOperations TM APP AND STARTED TO USE IT.
Deere is liable pursuant to the statutory provisions in case of intent and gross negligence. Claims under the German Product Liability Act remain unaffected. You are required to secure your data on a regular basis. If and to the extent Deere is liable on the merits for any loss of data, its liability is limited to the recovery effort, which would have occurred if regular and risk-appropriate backup copies have been made by You. Deere is not liable for any damages, including damages to the system and operating environment, resulting from any change of the Licensed Application by You or any software or hardware environment deviating from the system requirements. Deere is not liable for any damages resulting from improper use (see paragraph 1) of the Licensed Application by You.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
This EULA, all matters relating to and all disputes arising out of this EULA shall be construed and controlled by the laws of Germany without regard to principles of conflicts of law. The UN law on sales of goods (the United Nations Convention on Contracts for the International Sale of Goods – CISG) does not apply. Any dispute concerning the interpretation and/or the execution of the present Agreement which could not be settled amicably will be submitted to the competent Courts of Mannheim/Germany.
Should any provision of this EULA be or become invalid, this shall not affect the validity of the remaining terms. The parties shall in such an event be obliged to cooperate in the creation of terms which achieve such legally valid result as comes closest commercially to that of the invalid provision. The above shall apply accordingly to the closing of any gaps in the EULA.
You may contact us via the MyJohnDeere™ support request form in your language which can be found on isg-contracts.deere.com .
John
Deere GmbH & Co. KG
Intelligent Solutions Group
Strassburger Allee 3
67657 Kaiserslautern
Germany