Cat Central

THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE.  PLEASE READ IT CAREFULLY.  SECTION 12 OF THIS DOCUMENT CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS (RATHER THAN JURY TRIALS OR CLASS ACTIONS), LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST CATERPILLAR, AND INCLUDES A WAIVER OF YOUR RIGHT TO A TRIAL BY A JUDGE OR JURY OR TO PARTICIPATE IN A COLLECTIVE OR CLASS ACTION AGAINST CATERPILLAR.

Cat® Central End User License Agreement

1. EULA.  This Cat® Central End User License Agreement (“EULA” or “Terms”) is a binding agreement between you and, if applicable, the entity you represent (“you”), and Caterpillar Inc. and/or its Affiliates (collectively, “Caterpillar”), and governs your use of Cat® Central, the mobile application made available with this EULA (“Mobile Application”).  The Mobile Application includes the compiled mobile software application, associated content, data, text graphics, user interfaces, visual interfaces, media, trademarks, logos, sounds, music, artwork, printed materials, online and electronic documentation, and all updates and upgrades that replace or supplement the Mobile Application that are not distributed under different terms.  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE MOBILE APPLICATION.  BY CLICKING OR TAPPING THE “I AGREE” BUTTON OR OTHERWISE DOWNLOADING, INSTALLING OR USING THE MOBILE APPLICATION, YOU (A) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; (B) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; AND (C) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT.  IF YOU ARE ENTERING INTO THIS EULA ON BEHALF OF AN ENTITY, SUCH AS THE COMPANY YOU WORK FOR, YOU REPRESENT TO CATERPILLAR THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY.  IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT HAVE SUCH LEGAL AUTHORITY, DO NOT DOWNLOAD, INSTALL OR USE THE MOBILE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE, AS YOU MAY NOT USE THE MOBILE APPLICATION IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT HAVE SUCH AUTHORITY.  YOU FURTHER AGREE THAT YOUR USE OF THE MOBILE APPLICATION WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THESE TERMS AT THE TIME OF SUCH USE.

2. License.  The Mobile Application is licensed, not sold, to you for your use only under the terms of this EULA by Caterpillar.  Caterpillar reserves all rights, title, and interest in the Mobile Application not expressly licensed to you under this EULA.

2.1  License.   Caterpillar hereby grants you a limited, non-exclusive, non-transferable and revocable license to install and use the Mobile Application (including, without limitation, the object code of the Mobile Application) and all Content on any mobile device that you own or control on which the Mobile Application is authorized to operate (as determined by Caterpillar in its sole discretion) and as permitted by the EULA (the “License”).  This License does not allow you to use the Mobile Application on any device that you do not own or control, and you may not distribute or make the Mobile Application available over a network where the Mobile Application could be used by multiple devices at the same time.  You may not rent, lease, lend, sell, redistribute, or sublicense the Mobile Application.  You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mobile Application, any updates, or any part thereof., You may not harvest, extract or “scrape” content or other information from the Mobile Application.  You may not remove, disable, or circumvent any proprietary notices, marks, or labels, including any Caterpillar Trademarks (defined below), contained on or within this Mobile Application.  Any attempt to perform any action prohibited in this Section 2.1 is a violation of the rights of Caterpillar and its licensors.  If you breach this License, you may be subject to prosecution and damages.  The terms of the License will govern any upgrades provided by Caterpillar that replace or supplement the original Mobile Application unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.  You will: (a) adhere to all applicable Laws (defined below), and (b) use the Mobile Application only in accordance with these Terms and Caterpillar’s Acceptable Use Policy for the Mobile Application, the current version of which is available at https://cat.com/catcentral.

2.2 Termination; Suspension.

(a)                The License is effective until terminated by you or Caterpillar. 

(b)                You may terminate this EULA at any time by uninstalling the Mobile Application.

(c)                 This EULA will be terminated immediately without notice from the Caterpillar if you fail to comply with the EULA or upon express termination of this EULA by Caterpillar. 

(d)                Upon any termination of the License, you shall cease all use of the Mobile Application, and permanently delete all copies of the Mobile Application and all related data, and your rights under the License shall immediately terminate.  Caterpillar’s termination of this EULA will not limit any of Caterpillar’s other rights or remedies at Law or in equity.  After termination of the License, Caterpillar may, in its sole discretion, delete all data associated with your account, including your registration information.

(e)                In addition to its rights to terminate this EULA, Caterpillar may suspend your access to or use of the Mobile Application, in whole or in part, immediately without notice to you, if Caterpillar determines that: (a) it is reasonably needed to prevent unauthorized access to the Mobile Application Information (defined below), other users’ information, Caterpillar’s or Dealer’s systems, or any other data in Caterpillar’s or Dealer’s possession, custody or control; (b) your use of the Mobile Application poses a security risk to the Mobile Application or any third party, may adversely impact the Mobile Application or the systems of Caterpillar or any third party, may subject Caterpillar or any third party to liability, or may be prohibited by applicable Laws, (c) you fail to abide by any terms of this EULA, or (d) in accordance with Section 3.

(f)                Caterpillar may cease making the Mobile Application available to you at any time, in its sole discretion, including, without limitation, (a) if Caterpillar determines that market demand no longer warrants continuing to make available the Mobile Application, or (b) in order to comply with any applicable Laws. In addition, Caterpillar may limit the Mobile Application’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction, if Caterpillar reasonably determines that a legal or regulatory reason no longer warrants the continued making available of the Mobile Application to such person or in such geographic area or jurisdiction.

(g)                 The provisions of Sections 2.2, 4 and 6 - 13 shall survive termination or expiration of this EULA, for any reason

2.3               Permitted Users and Uses.  You represent and warrant that (a) you are at least 18 years of age; (b) you have full power and authority to agree to this EULA; (c) you are not located in, under the control of, or a national or resident of any country or region subject to sanctions by the United States; (d) you have not been placed on the U.S. Department of Commerce’s Denied Persons List; (e) you are not identified as a “Specially Designated National” by the U.S. Department of the Treasury’s Office of Foreign Assets Control; and (f) you will not use the Mobile Application if you have previously been prohibited from doing so or if any Laws prohibit you from doing so.  You agree not (i) to use the Mobile Application in any way that violates any applicable federal, state, local, or international Law, (ii) use the Mobile Application for any unauthorized, fraudulent, or malicious purpose, (iii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Mobile Application, or which, as determined by Caterpillar, may harm Caterpillar or users of the Mobile Application or expose them to liability, (iv) use the Mobile Application in any manner that could disable, overburden, damage, or impair the Mobile Application or Caterpillar’s network and computer systems or the systems of any other financial institution, (v)  to access systems, data, or information not intended by Caterpillar to be made accessible to a user of the Mobile Application, (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by Caterpillar to a user of the Mobile Application; or (vii) to use the Mobile Application for any use other than the purpose for which it was intended.

2.4               Updates.  Caterpillar may, at any time, modify, upgrade, or release a new version of the Mobile Application, or any portion of its features and functions without informing you.  Unless otherwise expressly and separately agreed by Caterpillar, any new version of the Mobile Application will be subject to the terms of this EULA.  If you do not wish to be subject to the terms of this EULA with respect to such new version of the Mobile Application, you may terminate this EULA in accordance with its terms.

3.                   Caterpillar Account and other Information.  In order to access and use the Mobile Application, Caterpillar may require you to create a username (for example, a Corporate Web Security ID) and password.  In that case, you must follow Caterpillar’s log-in instructions (which may change from time to time).  You may also be required to provide Caterpillar with certain registration information as requested by Caterpillar and to keep such information up to date.  Should Caterpillar have reasonable grounds to suspect that any information that you provided to Caterpillar is fraudulent, inaccurate, or incomplete (where such inaccuracy or incompleteness adversely impacts Caterpillar’s ability to perform its obligations under this EULA or subjects Caterpillar, its Affiliates (defined below), or any of their respective licensors, service providers, suppliers, or Dealers (as defined below) to additional obligations or liabilities), Caterpillar shall have the right to suspend or terminate your right to access and use the Mobile Application immediately without notice.  You are responsible for maintaining the confidentiality of all authentication credentials associated with your access to and use of the Mobile Application.  You must promptly notify Caterpillar if you discover any possible misuse, loss, or disclosure of your accounts or authentication credentials or any security incident related to the Mobile Application.  For the purposes of this EULA, “Affiliate” means any legal entity that controls, is controlled by, or is under common control with a party hereto (but only for so long as such control exists), where “control” means ownership of more than fifty percent (50%) of the equity or other interests entitled to vote in the election of directors or corresponding managing authority of the Affiliate; provided that if the percentage of control permitted under applicable Laws is below the foregoing percentage, then such percentage shall apply.

4.                   Third Party Software/Services; Data Exchange; Networked Sites. 

4.1   Third Party Software/Services.  The Mobile Application may be bundled with and connected to non-Caterpillar-branded software, and/or content or services that are provided by third parties (collectively “Third Party Software/Services”), including those that are provided by Caterpillar’s independent authorized dealers (the “Dealers”).  You acknowledge that your access to or use of any such Third Party Software/Services is at your own risk and may be governed by additional third party terms or policies, including privacy policies.  Caterpillar is not responsible for, and expressly disclaims, any liability in connection with any Third Party Software/Services, your access or use thereof, or any terms imposed by such Third Party Software/Services.  If a Third Party Software/Services imposes additional or different terms and conditions, the provisions of that Third Party Software/Services terms and conditions shall control your interaction with such Third Party Software/Services, provided that nothing in such Third Party Software/Services terms shall relieve you of your obligations under this Agreement.  Any third party names, logos, product and service names, designs, and slogans in the Mobile Application are the trademarks of their respective owners.  THE THIRD PARTY SOFTWARE SERVICES, INCLUDING ALL PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THIRD PARTY SOFTWARE/SERVICES, TO THE EXTENT PROVIDED THROUGH THE MOBILE APPLICATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO CATERPILLAR PARTY (DEFINED BELOW) MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE THIRD PARTY SOFTWARE/SERVICES OR THE PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THIRD PARTY SOFTWARE/SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.  WITH RESPECT TO THE THIRD PARTY SOFTWARE/SERVICES, THE CATERPILLAR PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

4.2               Dealers.  You acknowledge and agree that the Dealers are independently owned and operated and are not agents of Caterpillar.  The Mobile Application includes customized “eSites” that provide Dealer-specific information based upon input and data provided by each individual authorized Caterpillar dealer, for example: http://parts.cat.com/altorfer.  The eSites also allow users of the Mobile Application to purchase Cat and certain non-Cat products from the applicable Dealer.  Each Dealer has the right to and may independently establish the requirements for any customer to purchase such products on said Dealer’s eSite.  Such eSites are Third Party Software/Services under this EULA.  The terms of sale (including the prices) under which each Dealer sells Cat products to you are set independently by each such Dealer and you acknowledge and agree that Caterpillar has no control over such terms of sale (including the prices) and shall have no liability or obligation to you in connection with such sale, except to the extent provided in Caterpillar’s then-applicable published warranty statement.  BY PURCHASING A PRODUCT FROM A DEALER THROUGH AN ESITE, YOU ACKNOWLEDGE THAT THE ORDER FOR SAID PURCHASE WILL BE FULFILLED BY THE DEALER AND NOT CATERPILLAR.  THE DEALER AND NOT CATERPILLAR WILL BE RESPONSIBLE FOR THE PROCESSING, SHIPPING, RETURNS AND CUSTOMER SERVICE RELATED TO SAID ORDER.  ANY OF SAID PRODUCTS PURCHASED FROM A DEALER MAY ONLY BE RETURNED TO THE SELLING DEALER IN ACCORDANCE WITH ITS RETURN POLICY.  TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, CATERPILLAR HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PRODUCTS PURCHASED ON AN ESITE.

4.3               Data Exchange and Third Party Assets.  The Mobile Application may permit you to initiate the communication, transfer, and exchange of certain Mobile Application Information between the Mobile Application and certain third-party assets, devices or systems approved by Caterpillar for use in connection with the Mobile Application (“Third-Party Assets”).  Caterpillar does not exercise control over the form or quality of any data or information (including the Mobile Application Information) generated by or transmitted to the Third-Party Assets.  Therefore, you agree to the following:

(a)                You accept all limitations in the display and use of all data and information imported via Third-Party Assets; and

(b)                Caterpillar may restrict the volume and type of data and information transmitted to and from the Mobile Application if Caterpillar believes that such volume or type of data or information may adversely affect performance of the Mobile Application or Caterpillar’s or a third party’s other systems.

4.4                Networked Websites and Service Offerings. Notwithstanding anything to the contrary in this EULA, additional or different terms and conditions may apply to certain networked sites operated by Caterpillar (the “Networked Sites”). If applicable, such additional or different terms and conditions will be posted on the relevant Networked Site. If a Networked Site has imposed additional or different terms and conditions, the provisions of that Networked Site shall control for the use of that Networked Site in the event of a conflict with these Terms.  Except as expressly supplemented or superseded as described herein, these Terms apply to all Networked Sites and control your use thereof.

5.                   Support Services Not Included.  Caterpillar will not provide any support services under this EULA.  This EULA does not give you any rights to any updates or upgrades to the Mobile Application or to any extensions or enhancements to the Mobile Application developed by Caterpillar at its discretion any time in the future.  Caterpillar may offer support services separately.  Any supplemental software or related materials that Caterpillar provides to you as part of any support services, including software patches or updates, are to be considered part of the Mobile Application and are subject to the terms and conditions of this EULA.

6.                   Confidential Information.  You acknowledge and agree that, with the exception of information unique to Dealers’ eSites, the Mobile Application and all information emanating from the Mobile Application and Caterpillar’s business in any form are valuable property of Caterpillar and are considered Caterpillar’s confidential information (“Confidential Information”).  You agree that you will not, during or after the term of this EULA, permit the duplication, use, or disclosure of any such Confidential Information to any person, unless such duplication, use, or disclosure is specifically authorized by Caterpillar in writing prior to any disclosure.  You shall use reasonable diligence, and in no event less than that degree of care that you use in respect to your own confidential information of like nature, to prevent the unauthorized disclosure or reproduction of the Confidential Information.  Without limiting the generality of the foregoing, to the extent that this EULA permits the copying of Confidential Information, all such copies shall bear the same confidentiality notices, legends, and intellectual property rights designations that appear in the original versions and parties shall keep detailed records of the location of all Confidential Information.

7.                   Intellectual Property.

7.1               Reservation of Rights; Rights to Use.  Except as expressly granted herein, neither party is granted any rights or licenses, whether express or implied, under the other party’s intellectual property rights.  The Mobile Application is licensed, not sold.  Nothing in this EULA or otherwise will be deemed to grant to you an ownership interest in any of the intellectual property rights in or to any of the Mobile Application.  You represent, warrant, and covenant that you have rights to submit information, communications, and materials that you submit or transmit to Caterpillar through the Mobile Application, and Caterpillar and its Affiliates and agents may use such information, communications, and materials for any purpose without further consideration, consent, or notice to you or any third party.  Under no circumstances will you acquire any ownership rights or other interest in this Mobile Application by or through your use of the Mobile Application.

7.2               Trademarks.  You acknowledge that you will not use the Mobile Application for any purpose other than permitted under the License.  You further acknowledge that Caterpillar and its licensors retain all ownership and intellectual property rights to the Mobile Application, including any names, marks, brands, logos, designs, trade dress, slogans, and other designations Caterpillar uses in the Mobile Application or in connection with its products and services that appear in the Mobile Application (“Caterpillar Trademarks”).  You acknowledge Caterpillar’s rights in Caterpillar Trademarks and agree that you shall not use any Caterpillar Trademarks for any purpose.  You further agree not to incorporate any Caterpillar Trademarks into your marks, company names, internet addresses, domain names, or any other similar designations.  Under no circumstances will you acquire any ownership rights or other interest in any Caterpillar Trademarks used on this Mobile Application or in connection with Caterpillar products and services that appear in the Mobile Application by or through your use of the Mobile Application.

7.3               Caterpillar Intellectual Property Rights.  Except as expressly provided herein, Caterpillar, its Affiliates, and each of their respective licensors and suppliers retain all of their respective right, title, and interest in and to the Mobile Application and all intellectual property rights in or pertaining to the Mobile Application or its use, including the design, structure, selection, coordination, expression, “look and feel”, and arrangement of the Mobile Application, and all processes, tools, software, technology, Confidential Information, and trade secrets pertaining to the Mobile Application, together with any custom developments created or provided in connection with or related to this EULA (“Mobile Application Background IP”).  You shall have no right to, and will not, create any modifications, extensions, or derivatives (including derivative works) of any of the Mobile Application Background IP, or to derive any technology from the Mobile Application Background IP (such modifications, extensions, derivatives (including derivative works) and technology, collectively “Derivatives”).  If any Derivatives are created, notwithstanding the restrictions set forth above, you will and hereby do assign to Caterpillar irrevocably and without further consideration, all right, title, and interest in and to such Derivatives and all intellectual property rights pertaining thereto in the United States and in any other country.  Except to the extent prohibited by applicable Laws, if and to the extent that any Derivatives or any intellectual property rights pertaining thereto are not so assignable by you to Caterpillar, you will and hereby do grant to Caterpillar an unrestricted, perpetual, irrevocable, non-terminable, transferable, worldwide, exclusive license (including the right to grant and authorize sublicenses through multiple levels) to any Derivatives and all intellectual property rights pertaining thereto for any and all purposes and in any and all media, whether alone or together or as part of any material of any kind or nature, and waive all moral and similar rights thereto.

7.4               Feedback.  If you provide any ideas, proposals, suggestions, comments, videos, photos or other materials (“Feedback”), whether related to the Mobile Application or otherwise, you hereby acknowledge and agree that (i) Caterpillar does not control and is not responsible for any Feedback or the use or misuse (including any distribution) by any third party of Feedback and (ii) such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Caterpillar under any fiduciary or other obligation.  In addition, by submitting Feedback, you hereby grant to Caterpillar a non-exclusive, perpetual, irrevocable, non-terminable, transferable, worldwide right and license (including the right to grant and authorize sublicenses through multiple levels) to such Feedback and all intellectual property rights pertaining thereto for any and all purposes and in any and all media, whether alone or together or as part of any material of any kind or nature, and you waive all moral and similar rights in connection therewith.  Any disclosure of such Feedback by Caterpillar to third parties (other than to Caterpillar’s Affiliates and Caterpillar’s and its Affiliates’ licensors, service providers, suppliers, or distributors) shall not attribute the Feedback to you. 

8.                   No Warranty.  THE MOBILE APPLICATION, THE MOBILE APPLICATION INFORMATION, AND ALL OTHER CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOBILE APPLICATION, ARE PROVIDED BY THE CATERPILLAR PARTIES (AS DEFINED BELOW) ON AN “AS IS” AND “AS AVAILABLE” BASIS. CATERPILLAR AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, AND DEALERS (THE “CATERPILLAR PARTIES”) provide no REPRESENTATIONS OR warranties OR CONDITIONS, whether express, implied, statutory, or otherwise OF ANY KIND, including warranties AND CONDITIONS of merchantability or fitness for a particular purpose, IN CONNECTION WITH THIS EULA OR OTHERWISE AS TO THE OPERATION OF THE MOBILE APPLICATION OR THE MOBILE APPLICATION INFORMATION AND ALL OTHER CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU.  WITHOUT LIMITING THE FOREGOING, NONE OF THE CATERPILLAR PARTIES PROVIDE ANY WARRANTY THAT THE MOBILE APPLICATION WILL BE FREE FROM ERRORS OR INTERRUPTION (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE) OR BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN the APPLICABLE DOCUMENTATION.  THE CATERPILLAR PARTIES DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR ACCESS TO OR USE OF THE MOBILE APPLICATION.  YOU AGREE THAT YOUR ACCESS TO OR USE OF THE MOBILE APPLICATION IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR INFORMATION SYSTEMS OR ASSETS OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE.    NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF THE CATERPILLAR PARTIES SHALL CREATE A WARRANTY.  SHOULD THE MOBILE APPLICATION OR ANY SERVICES PERFORMED OR PROVIDED BY THE MOBILE APPLICATION OR CATERPILLAR PARTIES THROUGH OR USING THE MOBILE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF YOU CHOOSE TO CONTINUE TO USE THE MOBILE APPLICATION.  THE CATERPILLAR PARTIES SHALL HAVE NO LIABILITY FOR THE PERFORMANCE OR OPERATION OF THE DEALERS’ E-SITES OR ANY PURCHASES OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE THROUGH THE E-SITES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 8 MAY NOT APPLY TO YOU.  THIS SECTION 8 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY SEPARATELY OFFERED BY CATERPILLAR TO YOU. 

9.                   Limitation of Liability.

9.1               Exclusion of Damage Types.  TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE CATERPILLAR PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MOBILE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE CATERPILLAR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT FULLY INURE TO YOU IN ITS ENTIRETY.

9.2               Limitation of Liability Amount.  TO THE MAXIMUM EXTENT ALLOWED BY LAW, In no event shall Caterpillar’s total liability to you for all damages exceed fifty dollars (US$50.00).  The limitations in this SECTION 9 will apply NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

10.                   Indemnity.  You agree to fully indemnify, defend, and hold harmless the Caterpillar Parties from and against any and all claims, losses, costs (including court costs), fees (including reasonable legal fees), damages, and expenses that such Caterpillar Parties may incur as a result of, due to, or arising out of (i) a violation by you (or anyone acting under your account or password) of this EULA or (ii) your use of the Mobile Application.

11.                   Mobile Application Information.

11.1               Collection of Data.  By downloading, accessing or using the Mobile Application, you consent to the collection, storing, processing, use, sharing and disclosure of information, as described in the Data Governance Statement located at https://www.caterpillar.com/en/legal-notices/data-governance-statement.html.  The Data Governance Statement and any other Caterpillar policies or notices hyperlinked to these Terms may change from time to time, so review them with regularity and care.  If the Data Governance Statement materially changes, Caterpillar will notify you by indicating such changes in the Mobile Application or by other reasonable means, including e-mail.  The information collected, stored, processed, used, shared or disclosed by or through the Mobile Application, or disclosed by you to the Mobile Application is referred to as the “Mobile Application Information.” Mobile Application Information includes information about specific transactions in which you have entered through the Mobile Application, and notwithstanding anything to the contrary in this EULA or the Data Governance Statement, Caterpillar may share this transactional information with third parties, including Dealers. Upon first use, the Mobile Application asks for your permission to collect user information and location information and upon acceptance, you can start using the Mobile Application.  Certain mobile operating systems have options to restrict the collection of certain location and usage information.  In the event that you have those options enabled, you will restrict certain functionality of the Mobile Application. 

11.2               Use and Disclosure of Mobile Application Information.  You hereby grant to Caterpillar and its Affiliates, and each of their respective licensors, service providers, suppliers, subcontractors and distributors a non-exclusive, worldwide, perpetual, paid-up, right and license, including the right to grant and authorize sublicenses through multiple levels, to access, use, process, manipulate, modify, compile with other data or works and/or create derivative works of the Mobile Application Information.  You understand and agree that the Mobile Application Information may be transmitted to and processed in countries that have different data protection Laws than in the country in which you have your principal place of business.  Caterpillar does not assume any obligations with respect to the Mobile Application Information, other than as expressly set forth in this EULA or as required by applicable Laws.

11.3               Communication Systems; Risk of Interception.  Some features of the Mobile Application require use of various networking and communications systems.  You recognize that such systems have an inherent risk of interception and/or interference and, therefore, may not be secure and that Caterpillar has no responsibility for the availability, quality or performance of communications services or equipment furnished by third-party communication carriers.

11.4               Legal Requests.  If Caterpillar or its Affiliates receive any order, demand, warrant, or any other document requesting or purporting to compel the production of personal information in the Mobile Application Information, Caterpillar or its Affiliates will promptly notify you (to the extent permissible under applicable Laws),prior to such disclosure so that you may, at your own expense, exercise such rights as you may have under applicable Laws to prevent or limit such disclosure.

11.5               Receipt, Archival and Retrieval of Data.  Caterpillar reserves the right to refuse to accept any Mobile Application Information that you may provide.  Notwithstanding the foregoing, you acknowledge that Caterpillar has no responsibility for the deletion or failure to store any Mobile Application Information.  You represent, warrant and covenant that (a) you have secured and will maintain all rights, and have obtained and provided all required notices and obtained all legally required consents, necessary to make available any Mobile Application Information you submit through or in connection with the Mobile Application to Caterpillar, its Affiliates and their respective licensors, service providers, suppliers, and Dealers and to enable such entities to provide the Mobile Application and the services provided through the Mobile Application in accordance with this EULA, and to exercise the rights and licenses granted hereunder, without violating the rights of any third party or otherwise obligating Caterpillar to you or to any third party, and (b) you are solely responsible for all Mobile Application Information you submit through the Mobile Application to Caterpillar, including the accuracy, integrity, quality, legality, reliability, and appropriateness of the such information.

11.6              Mobile Data and GPS.  The Mobile Application communicates via the Internet with Caterpillar servers.  If you do not have an unlimited mobile data plan with your carrier, standard data transmission rates may apply.  The Mobile Application may collect location information to support the functionalities and features of the Mobile Application.  Note, that continued use of GPS and/or data transmission running in the background can decrease battery life.

12.                   Dispute Resolution; Choice of Law.

12.1               Choice of Law. 

(a)                This EULA (including the arbitration provisions set forth in Section 12.3) shall be governed by and interpreted in accordance with the Laws of the State of Illinois and the federal Laws of the United States, without prejudice to the provisions of the Laws of the country where you have your principal place of business that cannot be derogated from contractually, and without reference to conflict of Laws’ principles, as such Laws are applied to agreements entered into and to be performed entirely within the United States between residents of the United States.

(b)                This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods and/or its implementation and/or successor legislation and/or regulations, the application of which is expressly excluded.

(c)                 The Mobile Application is controlled and operated from the United States, and is not intended to subject Caterpillar or its Affiliates to any jurisdiction or Laws other than the jurisdiction and Laws of the United States.  The Mobile Application may not be appropriate or available for use in some non-U.S. jurisdictions.

12.2               Injunctive Relief.  Because Caterpillar would be irreparably damaged in the event of a breach of Section 2, Section 6, or Section 7 of this EULA, you agree that Caterpillar will be entitled, without bond, other security or proof of damages, to seek appropriate equitable remedies with respect to your breach or threatened breach of Section 2, Section 6, or Section 7 of this EULA in any court of competent jurisdiction, in addition to any and all other remedies which Caterpillar may have at Law or in equity.

12.3               Arbitration.  All disputes, claims, and controversies relating to or arising out of this EULA (collectively, “Dispute”) will be resolved by binding arbitration, rather than in court.  If your principal place of business is in the United States, the Federal Arbitration Act applies to the arbitration of such Disputes. 

(a)                If your principal place of business is in the United States or Canada, the arbitration will be administered by the American Arbitration Association (AAA) in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures.  If your principal place of business is in any country other than the United States or Canada, then the arbitration will be administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre.  If your principal place of business is outside of the United States, Canada or any country in APAC, then the arbitration will be administered by the International Chamber of Commerce (ICC) in accordance with ICC Rules of Arbitration.  The arbitration rules specified in this subsection are referred to as the “Rules.”  For the purposes of this EULA, “APAC” means the geographic region that includes the following countries: Australia, Bangladesh, Brunei, Burma, Cambodia, China (including Hong Kong Special Administrative Region and Macau Special Administrative Region), Christmas Islands, Fiji, India, Indonesia, Japan, Kiribati, Laos, Malaysia, Marshall Islands, Federated States of Micronesia, Mongolia, Nauru, New Zealand, Palau, Papua New Guinea, Philippines, Samoa, Singapore, Solomon Islands, South Korea, Sri Lanka, Taiwan, Thailand, Timor-Leste, Tonga, Tuvalu, Vanuatu, and Vietnam.

(b)                Either party may commence the arbitration process called for by this EULA by filing a written demand for arbitration with the applicable arbitration organization and delivering a copy of such demand to the other party to this EULA in accordance with the notice provision of this EULA.  In no event shall demand for arbitration be made or permitted after the date when the institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations.  If your principal place of business is in the United States or Canada, the place of arbitration will be Chicago, Illinois, United States.  If your principal place of business is in a country in APAC, the place of arbitration will be Singapore.  If your principal place of business is outside of the United States, Canada or any country in APAC, the place of arbitration will be Geneva, Switzerland.  The arbitration shall be conducted in English.  Notwithstanding the foregoing, if your principal place of business is in the Netherlands, you may opt to resolve any Dispute before Dutch courts, provided that you notify Caterpillar of this election within thirty (30) days of Caterpillar notifying you of Caterpillar’s intention to commence arbitration.

(c)                 You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action, and that the parties are waiving the right to a trial by jury.  If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.  NEITHER USER NOR CATERPILLAR SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS WITH RESPECT TO OTHER ACCOUNTS, BRING MASS, CLASS ACTION, OR CONSOLIDATED CLAIMS IN ARBITRATION OR A COURT OF COMPETENT JURISDICTION, OR ARBITRATE OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR USER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

(d)                If the Dispute is for an amount less than US$100,000, the arbitration shall be heard in front of a single arbitrator, and if the Dispute is for an amount of US$100,000 or more, then the Dispute shall be heard by a panel of three (3) arbitrators.  If the Dispute is to be heard in front of a single arbitrator, then the parties shall attempt to mutually agree on the identity of the arbitrator, or if no such agreement can be reached within thirty (30) days of the commencement of the arbitration proceedings, the applicable arbitration organization shall appoint such arbitrator in accordance with the Rules.  If the Dispute is to be heard in front of a panel of three (3) arbitrators, each party shall nominate one arbitrator from a list of arbitrators provided by the applicable arbitration organization, and the two party-nominated arbitrators shall select the third arbitrator who will serve as chairman.  Notwithstanding anything to the contrary herein, either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm from occurring at any time.  Each party shall bear its own cost of prosecuting or defending the arbitration (excluding any attorneys’ or other professional fees) and the parties shall split the arbitrators’ fees and the applicable arbitration organization’s administrative costs, regardless of the outcome.  The provisions of this Section 12.3 and judgment upon the award rendered by the arbitrator may be enforced by any court of competent jurisdiction.  The arbitrator(s) shall render its decision as soon as reasonably possible after its appointment and must follow the terms of this EULA.

(e)                This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof.  Any award issued by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in accordance with applicable Laws in any court of competent jurisdiction.

(f)                 Arbitration proceedings are confidential unless all parties agree otherwise.  Arbitration orders and awards required to be filed with applicable courts of competent jurisdiction are not confidential and may be disclosed by the parties to such courts.  A party who improperly discloses Confidential Information shall be subject to sanctions.  The arbitrator and forum may disclose case filings, case dispositions, and other case information as required by a court order of proper jurisdiction.

(g)                YOU HAVE A RIGHT TO OPT-OUT OF THE ARBITRATION PROVISIONS OF SECTION 12.3.  IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION, THEN WITHIN THIRTY (30) DAYS FROM YOUR FIRST AGREEMENT TO THESE TERMS, YOU MAY OPT-OUT OF THIS PART OF THESE TERMS BY SENDING AN E-MAIL TO cat_customer_care@cat.com.  Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to this EULA.

12.4               Claim Limitation.  YOU AGREE THAT NOTWITHSTANDING ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE MOBILE APPLICATION OR THIS EULA MUST BE FILED WITHIN TWO (2) YEARS AFTER THE CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

13.                   Miscellaneous.

13.1               Complete Agreement.  The EULA, and any additional referenced terms therein, constitute the complete, final, and exclusive understanding between Caterpillar and you relating to the subject matter hereof and governs your use of the Mobile Application, superseding all prior or contemporaneous understandings, agreements, and communications with respect to such subject matter.  Notwithstanding anything to the contrary in this EULA, Caterpillar reserves the right to modify this EULA at any time without prior notice.  Caterpillar may notify you of changes to this EULA via: (i) a prompt from the Mobile Application that will allow you to read the new or modified EULA, and require you to accept the new or modified terms prior to being able to access the Mobile Application, (ii) by electronic mail, or (iii) by posting a notice on Caterpillar website located at https://www.cat.com/catcentral.

13.2               Government Entity Rights and Obligations.  the Mobile Application is a “Commercial Item,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.  Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, this Commercial Computer Software and Commercial Computer Software Documentation is licensed to government entity end users pursuant to the license customarily provided to the public, with only those rights as are granted to the public pursuant to the terms and conditions herein and Caterpillar’s applicable Public Sector End User License Agreement.  Any government entity end user’s rights and obligations shall be governed by this EULA, and such Public Sector End User Agreement, as modified by a written addendum agreed upon by authorized representatives of both parties.  Unless modified by such addendum, or otherwise expressly agreed to in writing by authorized representatives of Caterpillar and the government entity end user, the terms of this EULA shall govern each party’s rights and obligations.  As the Mobile Application consists of Commercial Computer Software and Commercial Computer Software Documentation offered pursuant to a standard commercial license, this provision and the rights and obligations in such addendum are in lieu of, and supersede, any Federal Acquisition Regulation (“FAR”) clauses, clauses found in the Defense FAR Supplement (“DFARS”), or other federal, state, or local government clauses or provisions that address a government entity’s rights in computer software, technical data, or intellectual property.

13.3               Severability.  If any provision of the EULA is held by a court or arbitrator of competent jurisdiction to be invalid, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect.

13.4               Waiver.  Caterpillar’s failure to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Caterpillar in writing.  Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this EULA.

13.5               Assignment.  Caterpillar may assign its rights and delegate its duties under this EULA to any party at any time without notice to you.  You may not assign or delegate your rights or obligations without prior written consent of Caterpillar, which may be withheld at Caterpillar’s sole discretion.

13.6               Language.  This EULA is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto.  All communications and notices to be made or given pursuant to this EULA shall be in the English language.

13.7               Headings and Construction.  All headings in this EULA are for convenience only and have no legal effect.  As used herein: (a) the terms “include” and “including” are meant to be inclusive and shall be deemed to mean “include without limitation” or “including without limitation,” (b) the word “or” is disjunctive, but not necessarily exclusive, (c) words used herein in the singular, where the context so permits, shall be deemed to include the plural and vice versa, (d) references to “dollars” or “$” shall be to United States dollars unless otherwise specified herein, and (e) unless otherwise specified, all references to days, months, or years shall be deemed to be preceded by the word “calendar” and “business days” shall mean Monday through Friday, exclusive of Caterpillar observed holidays.  The headings of this EULA are intended solely for convenience of reference and shall be given no effect in the interpretation or construction of this EULA.

13.8               Compliance with Laws. 

(a)                You understand and agree that the Mobile Application (including any Mobile Application Information) is subject to certain national, state, provincial, and local laws, rules, regulations, directives, statutes, orders, judgments, decrees, rulings, and enforceable regulatory guidance (“Laws”), which include without limitation, governmental procurements Laws and Laws related to bribery, fraud, corruption, or international trade, such as the U.S. Foreign Corrupt Practices Act, the UK Bribery Act, and any applicable anti-bribery or trade Laws of other countries, as amended, the U.S. Export Administration Regulations Act of 1979, as amended, the U.S. International Traffic in Arms Regulations, and the sanctions, regulations and Executive Orders administered by the U.S. Treasury Department Office of Foreign Assets Control and U.S. Department of State. 

(b)                Without limiting any of Caterpillar’s or your other commitments hereunder, you and Caterpillar each agree to comply in all material respects with all Laws applicable to the performance of and exercise of each of your and Caterpillar’s respective rights and obligations under this EULA.  Your compliance with your obligations hereunder will extend to Laws that apply to the access to or use of the Mobile Application, as well as any other of your activities hereunder, including those Laws that apply to online conduct, online content, and the transfer of data (including any personal information) to and from the United States or your country of residence.

(c)                 You agree that you have, and will maintain, at your own expenses, all permits, licenses, consents, and approvals that apply to the Mobile Application or its use hereunder, including for you  (a) to receive and use the Mobile Application in accordance with all applicable Laws, and (b) to otherwise exercise your rights and perform your other obligations as set forth in this EULA (collectively, the “Permits”); provided that if obtaining any of the foregoing Permits is Caterpillar’s responsibility under applicable Laws and applicable Laws do not permit you to obtain such Permits on Caterpillar’s behalf, Caterpillar will obtain such Permits at its own expense. 

(d)                You agree that you will not use or otherwise export, re-export, transfer, or release (whether by oral, visual or any other means deemed to be an export or reexport) (collectively, “export”) the Mobile Application (including any Mobile Application Information), except as authorized by United States Laws and the Laws of the jurisdictions in which the Mobile Application was accessed or used.  In particular, but without limitation, the Mobile Application (including any Mobile Application Information) may not be exported (including by accessing the Mobile Application), directly or indirectly:  (a) to any person or entity listed or deemed to be a blocked, prohibited, or trade-restricted person or party by the U.S. Commerce Department, U.S. Treasury Department, or U.S. Department of State by operation of Law or otherwise; (b) for any purpose or use prohibited by the U.S. government, such as for nuclear, chemical, or biological weapons production or proliferation; or (c) to any destination or transit point subject to comprehensive sanctions by the U.S. government, as may be amended from time to time, without having obtained the required U.S. authorization(s) prior to such export.  You represent and warrant that your access and use of the Mobile Application will not violate any such Laws and that you are not located in any such country or on any such list or deemed to be on such list.  You will not access or use the Mobile Application for any purposes prohibited by United States Laws, including the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.

13.9               Notices.  You agree that Caterpillar and its Affiliates may contact you by any reasonable means, including via the contact information you have provided in your Mobile Application account, by e-mail, or the user interface for the Mobile Application, to provide you with information and notices relating to the Mobile Application, this EULA or for other purposes related to the subject matter of this EULA.  Notices to Caterpillar will be delivered by registered or certified mail only, return receipt requested, to the following address:510 Lake Cook Road, Suite 100, Deerfield, Illinois 60015, Attention: General Counsel.  Unless otherwise provided by applicable Laws, notices are effective (a) when delivered personally, (b) seven (7) days after having been sent by registered or certified mail, return receipt requested, postage prepaid, (c) two (2) business days after deposit with a private industry express courier, with written confirmation of receipt, (d) for e-mail or other electronic transmission to you, when sent, or (e) if posted in the user interface for the Mobile Application for you, when posted.  You are responsible for ensuring that the e-mail address and contact information in your account is accurate and current.  Notices sent via e-mail will be effective when sent regardless of whether actually received. 

13.10               Electronic Signatures.  You agree to the use of electronic documents and records in connection with this EULA and all future documents and records in connection with the Mobile Application—including this electronic signature and disclosure notice—and that this use satisfies any requirement that Caterpillar provides you these documents and their content in writing.  If you do not agree, do not enter into this EULA.  You have the right to receive a paper copy of all documents and records.  You may (a) obtain a paper copy of any document or record (free of charge), (b) withdraw your consent to the use of electronic documents and records, or (c) update your contact information through your Mobile Application account.  To receive or access electronic documents and records, you must have the following equipment and software: (i) a device that is capable of accessing the Internet; and, (ii) a compatible Internet browser. To retain documents and records, your device must have the ability to download and store PDF files.  Your access to this page verifies that your system and device meets the above receipt, access, and retention requirements.

13.11               Force Majeure.  Neither Caterpillar, its Affiliates, or any of Caterpillar or its Affiliates’ respective licensors, service providers, subcontractors, suppliers, or distributors, nor you, any of your Affiliates shall be responsible for any delays or failures to perform any obligation under this EULA to the extent that such delays or failures result from any cause beyond such person or entity’s reasonable control, including fires, blockages, embargoes, explosion, earthquake, storms or other elements of nature, acts of terrorism, wars, epidemics, government requirements, civil or military authorities, acts of God, strikes, labor disputes or other industrial disturbances, systemic electrical, telecommunications or other utility failures.

13.12               DMCA. Caterpillar respects the rights of all copyright holders and in this regard, Caterpillar has adopted and implemented a policy that provides for the removal from its websites and mobile applications of materials that infringe the rights of copyright holders.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Caterpillar’s Copyright Agent all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

(a)                A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(b)                Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site.

(c)                 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Caterpillar to locate the material.  Information reasonably sufficient to permit Caterpillar to contact the complaining party.

(d)                A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the Law.

(e)                A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(f)                  Caterpillar’s Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

Copyright Agent
100 N.E. Adams St.
Peoria, IL 61629-9620
E-mail: CopyrightAgent@cat.com

13.13               Third Party Beneficiaries.  Except as provided in Section 13.14 (Apple iOS), this EULA does not create any third party beneficiary rights in any individual or entity that is not a party to this EULA.

13.14               Apple iOS.  If you use the Mobile Application on an Apple phone, mobile device, or other device running iOS, you and Caterpillar acknowledge this EULA is effective between you and Caterpillar only, and not with Apple Computer, Inc. (“Apple”), and that Apple, and Apple’s subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be considered to have accepted that right) to enforce this EULA against you as a third-party beneficiary of this EULA.  Subject to this EULA, Caterpillar, not Apple, is responsible for addressing any claims you may have relating to the Mobile Application or your possession or use of the Mobile Application, including (i) product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.  In the event of any failure of the Mobile Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile Application to you.  To the maximum extent permitted by applicable Law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Application.  In addition, Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Application.  In the event of any third party claim that the Mobile Application or your possession and use of the Mobile Application infringes that third party’s intellectual property rights, subject to this EULA, Caterpillar, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.