Welcome to Channel1.cat.com, a Caterpillar Inc. website. These terms and conditions (the “Terms of Use”) govern your access to and use of (i) Channel1.cat.com (the “Site”); and (ii) all data, text, graphics, user interfaces, videos, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Site (“Content”). This is an agreement between you or the entity you represent (“you”) and Caterpillar Inc., a Delaware corporation with offices located at 100 N.E. Adams St., Peoria, IL 61629 (together with our subsidiaries that may make the Site or Content available to you, “Caterpillar,” “we,” “us,” or “our”). Caterpillar is willing to grant access to and use of the Site and Content to you solely upon your acceptance of all of the terms and conditions of these Terms of Use without modification.

BY CLICKING ON “OK,” “ACCEPT,” “AGREE,” “SUBMIT,” OR ANY BUTTON INDICATING ACCEPTANCE OF THESE TERMS OF USE OR BY ACCESSING OR USING THE SITE OR CONTENT, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITE AND CONTENT AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SITE OR THE CONTENT.

We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time. Your continued access to and use of the Site or Content following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Please review the most current version of these Terms of Use at any time at Channel1.cat.com.

Networked Websites
Notwithstanding anything to the contrary in these Terms of Use, 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 Sites. If a Networked Site has imposed additional or different terms and conditions, the provisions of that Networked Site shall control in the event of a conflict with these Terms of Use. Except as expressly supplemented or superseded as described herein, these Terms of Use apply to all Networked Sites and control your use thereof.

Use of Site and Content
You may access and use the Site and Content solely in accordance with these Terms of Use. You will strictly adhere to all laws, rules, regulations and Caterpillar policies applicable to the access and use of the Site and Content, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence. In addition you will not:

  • Access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site, including through the use of any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.
  • Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, including by hacking, password "mining" or any other illegitimate means.
  • Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
  • Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Caterpillar, including but not limited to personal identification or information.
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Caterpillar's systems or networks, or any systems or networks connected to the Site or to Caterpillar.
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or Content, any transaction being conducted on the Site, or with any other person's use of the Site or Content.
  • Distribute viruses or any other technologies that may harm Caterpillar or the interests of property any other person or entity, including any other user of the Site.
  • Circumvent or manipulate our fee structure, the billing process or fees owed to Caterpillar, its dealers or its business associates.
  • Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to Caterpillar on or through the Site.
  • Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  • Use the Site or Content for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Caterpillar or others.

Intellectual Property Rights
Except to the extent expressly provided in these Terms of Use under the heading "Grant of License," and with “Site Information,” you agree and acknowledge that:

  • Caterpillar owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide (“Intellectual Property Rights”) in connection with or relating to the Site and Content, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site (“Caterpillar IP”).
  • You have no right, license, or interest in any Intellectual Property Rights in connection with or relating to the Site or Content.
  • Caterpillar owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Caterpillar IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in Caterpillar, including without limitation assigning (and you hereby assign) to Caterpillar all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to the Site or Content.
  • No part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Caterpillar's express prior written consent.
  • All marks that appear throughout the Site and Content belong to Caterpillar, or the respective owners of such marks, and are protected by U.S. and international trademark and copyright laws. Any use of any of the marks appearing throughout the Site and Content without the express written consent of Caterpillar or the owner of the mark, as appropriate, is strictly prohibited.
  • Caterpillar may, at its sole discretion, disable and terminate access to the Site and Content by any persons or entity that may be infringing the Intellectual Property Rights of Caterpillar or others.

Grant of License
Caterpillar grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Site and Content solely in accordance with this Grant of License and these Terms of Use. All rights not expressly granted to you herein are reserved by Caterpillar. You will use the Site and Content only in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use. You may not:

  • Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from the Site or Content.
  • Sublicense, lease, sell, rent, loan, or otherwise transfer the Site or Content to any third party.
  • Reverse engineer, de compile, disassemble, or otherwise attempt to derive the source code for the Site or Content.
  • Otherwise use or copy the Site or Content except as expressly allowed under this Grant of License and these Terms of Use.
  • Use the Site or Content in a “service bureau” or similar structure whereby third parties obtain use of the Site or Content through you.
  • Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with the Site or Content.

Copyright Agent
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 the Site 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 physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • 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.
  • 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 us to locate the material.
  • Information reasonably sufficient to permit us to contact the complaining party.
  • 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.
  • 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.

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
Email: CopyrightAgent@cat.com

Submissions
Do not use the Site as a means of submitting information you consider to be proprietary. Except as otherwise expressly provided in the terms of use for your transactions with a Networked Site or in a written agreement with Caterpillar applicable to your particular use of a Networked Site, any submission of materials by you will be considered a contribution to Caterpillar for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to videos, photographs, presentations, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Caterpillar, or via uploads or postings on this Site (collectively, “User-Provided Content”), are non-confidential (subject to our Privacy Statement) and shall be subject to the license grant as described below.

By submitting User-Provided Content, You grant to Caterpillar, and each of its 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 User-Provided Content provided that such use remains in accordance with the Data Governance Statement and the Privacy Statement. You agree that the foregoing license shall apply retroactively to the date on which the User-Provided Content was collected, which may have occurred prior to You entering into these Terms of Use. You understand and agree that the User-Provided Content 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 User-Provided Content, other than as expressly set forth in these Terms of Use or as required by applicable laws.

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 the User-Provided Content to Caterpillar and its respective licensors, service providers, suppliers and distributors and to enable such entities to access, use, process, manipulate, modify, compile with other data or works and/or create derivative works of, the User-Provided Content in accordance with these Terms of Use, 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 the User-Provided Content, including: (i) the accuracy, integrity, quality, legality, reliability, and appropriateness of the Site User Data; (ii) creating and maintaining backups and copies of all the User-Provided Content, including for use in the event of a disaster or loss of the User-Provided Content; and (iii) adopting procedures to identify and correct errors and omissions in the User-Provided Content and correcting such errors and omissions.

Site Information
By accessing the Site, you consent to the collection, storing, processing, use, sharing and disclosure of information, as described in the Data Governance Statement and the Privacy Statement. The Data Governance Statement or the Privacy Statement may change from time to time, so review them with regularity and care. The Site may also collect and process other information arising from access to or use of the Site or that is otherwise communicated through access to or use of the Site, including information collected from other sources (whether provided by third parties or Caterpillar) that make such information available to the Site. The information collected, stored, processed, used, shared or disclosed by or through the Site is referred to as “Site Information.”

You hereby grant to Caterpillar, and each of its 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 Site Information provided that such use remains in accordance with the Data Governance Statement and the Privacy Statement. You agree that the foregoing license shall apply retroactively to the date on which the Site Information was collected, which may have occurred prior to You entering into these Terms of Use. You understand and agree that the Site 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 Site Information, other than as expressly set forth in these Terms of Use or as required by applicable laws.

For purposes of these Terms of Use, “Site User Data” means all Site Information that you submit or otherwise make available to Caterpillar by accessing the Site and Content. Your rights to the Site User Data shall remain subject to any restrictions or terms that apply to the Site User Data under any other agreement you may have with Caterpillar, and Caterpillar does not make any representations or warranties with respect to such data under these Terms of Use. 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 the Site User Data (including all Personal Information (as such term is defined in the Data Governance Statement) contained therein) to Caterpillar and its respective licensors, service providers, suppliers and distributors and to enable such entities to provide the Site and Content in accordance with these Terms of Use, 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 the Site User Data, including: (i) the accuracy, integrity, quality, legality, reliability, and appropriateness of the Site User Data; (ii) creating and maintaining backups and copies of all the Site User Data, including for use in the event of a disaster or loss of the Site User Data; and (iii) adopting procedures to identify and correct errors and omissions in the Site User Data and correcting such errors and omissions.

Some features of the Site and Content may require use of various communications systems, such as telematics wireless communications carriers, satellite-based communication systems, internet service providers and other similar systems. Caterpillar uses various technologies and processes designed to secure communications within Caterpillar-provided communications systems; however, you recognize that such communication methods have an inherent risk of interception and/or interference and, therefore, may not be secure. You hereby consent to such communications and waive any claims that you may have against Caterpillar with respect to such communication. Caterpillar has no responsibility for the availability, quality or performance of communications services or equipment furnished by third-party communication carriers. To the extent not prohibited by applicable laws, Caterpillar may use such communication systems to remotely access and program Assets (as defined in the Data Governance Statement), including telematics devices installed on Assets, for any purpose, including by way of example, (a) to install updates and upgrades to software, firmware, or operating systems (for example, to enhance safety, security or maintain proper operation of Assets); or (b) to introduce new features, and/or change the type and frequency of data transmitted through telematics devices (for example, to conduct remote troubleshooting and/or provide increased customer value). Caterpillar cannot guarantee that user preferences and configuration settings that have been established by You will be preserved following an update to Assets, whether performed remotely or otherwise. Except to the extent prohibited by applicable Laws, Caterpillar may perform such activities without notifying You or the owner of the machines or equipment associated with the Assets.

If Caterpillar receives any order, demand, warrant, or any other document requesting or purporting to compel the production of Personal Information in the Site User Data (including, for example, by oral questions, interrogatories, requests for information or documents in legal proceedings, subpoenas, civil investigative demands or other similar processes), Caterpillar will promptly notify you (to the extent permissible under applicable laws), so that you may, at your own expense, exercise such rights as you may have under applicable laws to prevent or limit such disclosure. Notwithstanding the foregoing, Caterpillar will exercise commercially reasonable efforts to prevent and limit any such disclosure and to otherwise preserve the confidentiality of Personal Information in the Site User Data and will cooperate with you with respect to any action taken with respect to such request, complaint, order or other document, including to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded to such Personal Information.

Authorized Users, Passwords, License Keys and Security
You agree that the Site and Content may be accessed or used only by your company. For that purpose your company will designate authorized users that you authorize to access or use the Site and Content ("Authorized User"). Certain functions of the Site and Content may be restricted to Authorized Users that have acquired an appropriate license from Caterpillar or an authorized Caterpillar dealer. In addition, Caterpillar limits access to and use of certain functions of the Site and Content to only authorized Caterpillar dealers, as Caterpillar, in its sole discretion, deems appropriate, and no rights to obtain license keys for such functions is granted herein. Your right to use the Site and Content are subject to your registration as an Authorized User, our delivery to you of an appropriate license key, if any, and your payment of all fees, if any such fees are imposed by Caterpillar for use or access to certain Site or Content.

The Site may include various protection mechanisms to prevent use of the Site and Content until you become registered as an Authorized User and the use of certain functions of the Site and Content without the appropriate license keys. In order to log on and use certain Site and Content, Authorized Users may be asked to provide Caterpillar with true, accurate, current and complete registration information and update such information as necessary. Should Caterpillar have reasonable grounds to suspect that any information provided by an Authorized User is inaccurate, incomplete or untrue, it shall have the right to suspend or terminate your and such Authorized User's right to use the Site and Content.

Upon the initial logon to the Site, Authorized Users may be required to create an username and password, which will be needed to access certain features of the Site and Content. Each time that an Authorized User logs onto the Site, certain information, including the username, may be sent in communications with the servers hosted by Caterpillar or its service providers. This information may be used to access such Authorized User's account and other personalized features. Caterpillar or its service providers may match the username to personally identifiable information in order to provide the Authorized User with the Site and Content that the Authorized User is entitled to and to provide relevant data and information.

You hereby agree that you have complied and will comply with all applicable laws relating to the transmission and use of such data and information, including any personally identifiable data contained therein and have provided and will provide all required notices to, and have obtained and will obtain all necessary consents from, your designated Authorized Users and complied fully with your obligations under the relevant legislation.

You are responsible for maintaining the confidentiality of your designated Authorized Users' usernames and passwords and are fully responsible for all activities that occur on the Site under your designated Authorized Users' usernames and passwords. We reserve the right to require you to change your designated Authorized Users' username in the event we determine, in our sole discretion, that any username is offensive or for any other reason. You agree to immediately notify Caterpillar of any unauthorized use of Authorized Users' username, password, or any other breach of security, and to ensure that Authorized Users logout at the end of each session.

Fees
We may charge fees, including subscription fees, for certain Content. By accessing or using such fee-based Content; you agree to pay such fees on the terms and conditions set forth for such Content. We reserve the right to change our fee structures for the Site or Content from time to time. Except for promotional changes, changes to fees and payment terms will be posted on, or made available through, the Site at least fourteen days prior to the changes taking effect. We may choose to temporarily change the fees or payment terms for the Site or Content for promotional events (for example, free or reduced rate days), and such changes are effective when we post the temporary promotional event on the Site.

The fees do not include any consumption, sales, transaction, use, services, excise, value added, turnover, franchise or other taxes or other governmental fees (excluding any such taxes in respect of Caterpillar or its dealer's income) that you, Caterpillar or its dealer may be required to pay in connection with the Site or Content, all of which shall be paid by you as an additional charge or, in lieu thereof, you shall provide Caterpillar or its dealer with a tax exemption certificate acceptable to the taxing authorities. Caterpillar may appoint one or more of its dealers as agents for purposes of collection of any or all fees payable under these Terms of Use.

Privacy
When you access or use the Site or Content, it may ask you for personal information (including your name and an identifier for your computer). Caterpillar collects such information, along with system information about the computer that you are using, including, the name of your computer, the operating system in use on your computer, the version of the software you are running and the IP address of your computer in order to validate that you are authorized to use this Program, to improve Caterpillar products and services, and to enable Caterpillar dealers to understand who within its service territory is using the Site and Content. Caterpillar may provide such information to its affiliates, subsidiaries or other trusted businesses or persons, including Caterpillar dealers. Caterpillar will take reasonable and appropriate precautions to protect the confidentiality of such information; however, Caterpillar may, or you may by using the Site or Content, transmit such information to a jurisdiction that does not provide the same level of data protection as the legal jurisdiction in which you are located. By entering such information and/or using the Site or Content, you consent to the collection, processing and transfer of the information by Caterpillar consistent with this paragraph. Our Privacy Statement provides additional information on our data collection and processing practices on the websites described therein. For details about how other information may be collected and otherwise processed by Caterpillar, please see our Data Governance Statement. We may update our Privacy Statement at any time. Additional or different privacy policies may apply to specific Networked Sites or Content.

Interactive Forums and User-Provided Content
The Site may, from time to time, include discussion forums and interactive areas. Without limiting any other provisions of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:

  • Upload to, distribute or otherwise publish through the Site any User-Provided Content that is unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  • Upload or transmit any User-Provided Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
  • Upload or transmit any User-Provided Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User-Provided Content, you represent and warrant that you have the lawful right to distribute and reproduce such User-Provided Content.
  • Without Caterpillar's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
  • Caterpillar takes no responsibility and assumes no liability for any User-Provided Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Caterpillar is only a forum and is not liable for any statements, representations, or User-Provided Content provided by its users. Caterpillar has the right, but not the obligation, to monitor any activity and User-Provided Content associated with its forums and interactive areas. Caterpillar may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User-Provided Content. Caterpillar reserves the right and has absolute discretion, to remove, screen or edit any User-Provided Content that violate these provisions or is otherwise objectionable.

You shall remain solely liable for of any messages or other User-Provided Content you upload or transmit to the Site, including the discussion forums or interactive areas of the Site.

No Warranties
CATERPILLAR, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES, AGENTS AND LICENSORS (THE "CATERPILLAR PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SITE OR CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CATERPILLAR PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITE AND CONTENT AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE. NOTWITHSTANDING YOUR USE OF THE SITE AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.

Limitation of Liability; Remedy
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE CATERPILLAR PARTIES BE LIABLE TO YOU OR A THIRD PARTY (INCLUDING ANY CUSTOMER) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE THE SITE OR CONTENT, EVEN IF CATERPILLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS. IN NO EVENT SHALL CATERPILLAR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO CATERPILLAR WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Indemnification
You agree to indemnify, defend and hold harmless each of the Caterpillar Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of the Site or Content (including any messages or User-Provided Content you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Caterpillar Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

Termination
Caterpillar, in its sole discretion, may terminate your username and password and your right to access or use the Site and Content at any time for any reason. The license granted herein will automatically terminate without further action of Caterpillar if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein. Upon the termination of these Terms of Use for any reason, you will cease all use of the Site and Content. The provisions under the headings Site Information, No Warranties, Limitation of Liability; Remedy, Indemnification, Confidentiality, Import and Export Compliance, Contractual Statute of Limitations, and Choice of Law; Severability shall survive the termination of these Terms of Use.

Updating
We reserve the right, in our sole discretion, to change the Site and Content at any time without notice, including the removal of the Site and Content. As new or enhanced versions of the Site are made available, we may require that you update your current version of any related software. Unless otherwise explicitly stated by Caterpillar, any new or enhanced versions of the Site and Content are subject to the terms of these Terms of Use.

Linked Sites
The Site may contain links to other independent third-party websites or resources ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Caterpillar's control, and Caterpillar is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Import and Export Compliance
You may not use or otherwise export or re-export the Site and Content except as authorized by United States law and the laws of the jurisdiction in which the Site or Content was obtained. In particular, but without limitation, the Site and Content 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. You represent and warrant that your access and use of the Site and Content will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use the Site or Content 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.

U.S. Government Rights
The Site and Content are "Commercial Items", 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, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

ELECTRONIC SIGNATURE AND DISCLOSURE CONSENT NOTICE
You agree to the use of electronic documents and records in connection with these Terms of Use and all future documents and records in connection with the Site and Content -including this electronic signature and disclosure notice- and that this use satisfies any requirement that Caterpillar provide You these documents and their content in writing. If You do not agree, do not enter into these Terms of Use. 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 Site 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; (ii) a compatible Internet browser; and (iii) software that permits You to receive and access Portable Document Format or "PDF" files, such as Adobe Acrobat Reader 8.0 or higher. 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.

Notices and Information
You agree that we may contact you, including by e-mail or the user interface for the Site and Content, to provide you with information and notices relating to these Terms of Use.

Contractual Statute of Limitations
You agree that you will not assert against Caterpillar any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms of Use that relates to, or assert as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts are based were or could, with the exercise of reasonable diligence, have been known to you.

Modifications
Caterpillar reserves the right at any time to modify, suspend or permanently discontinue the Site and Content with or without notice. You hereby agree that Caterpillar shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Content. Caterpillar further reserves the right to modify, amend, restate or replace all or any portion of these Terms of Use at any time. If Caterpillar makes any such changes, they will become effective upon the earlier of your acceptance of those changes or your continued access or use of any of the Site or Content at any time more than 30 days immediately following the issuance of such notice.

Waiver
The failure by Caterpillar to exercise rights granted to Caterpillar hereunder upon the occurrence of any violation of these Terms of Use shall not constitute a waiver of such rights upon the recurrence of such violation or of any other right granted herein.

Choice of Law; Severability
These Terms of Use shall be governed by the laws of the State of Illinois, U.S.A. (regardless of the laws that might be applicable under its principles of conflict of laws). Each party submits to the exclusive jurisdiction of the courts of that place. If any provision of these Terms of Use, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision. The laws of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Illinois and of the United States. If any Content on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, such Content or Site is not intended for you, and we ask you not to use the Content or Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Entire Agreement
These Terms of Use (including, to the extent applicable, any additional terms and conditions for any particular Networked Site and any end user license agreement for any associated software, including mobile applications) constitutes the entire agreement between you and us with respect to the Site and Content and supersedes and replaces all prior agreements. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The terms and conditions of any quotation, offer, acknowledgment, invoice, or similar document, however designated, directly or indirectly made or issued by you shall not apply.

Inquiries
Should you have any questions concerning these Terms of Use, write to:
Caterpillar Inc.
100 N.E. Adams St.
Peoria, IL 61629-6490
Attn: Deputy General Counsel
Commercial Section

Updated March 21, 2018