PLEASE READ THIS AGREEMENT CAREFULLY BEFORE BUYING/ENTERING INTO A SUBSCRIPTION FOR ACCESSING, ACTIVATING OR USING GO-TASK™
Thank you for downloading AGCO’s Go-Task™ application for iOS devices (“Go-Task” or “App”). This Agreement sets out important details regarding your (i) paid, trial, or other subscription (“Subscription”) to the task data exchange service and the Go-Task app; (ii) your use of Go-Task; and (iii) the use of, and your consent to the use of, certain information or data that may be collected, recorded, and transmitted from and about the agricultural machinery associated with Go-Task. This is a legal agreement between you and AGCO Corporation, Duluth, GA, USA (“AGCO” or “we” or “us”) which supersedes any prior proposal, representation, or understanding between the parties regarding Go-Task. If you do not agree to the terms of this Agreement, you may not access, activate or use Go-Task. You confirm by “accepting” the terms of this Agreement and/or activating and/or using Go-Task that you enter into this Agreement either in the course of a business and not as a Consumer or alternatively on the basis that you acknowledge that the subject matter of this Agreement is a license of rights that is not granted for private domestic, leisure or social purposes normally associated with Consumers.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE BUYING A SUBSCRIPTION, ACCESSING, ACTIVATING OR USING THE APP OR THE SERVICE. BY “ACCEPTING” THESE TERMS, ENTERING INTO A SUBSCRIPTION, ACCESSING, ACTIVATING OR USING THE APP OR THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. PLEASE DO NOT “ACCEPT” THIS AGREEMENT OR ACCESS OR ACTIVATE OR USE THE APP OR THE SERVICE IF YOU DO NOT AGREE WITH THIS AGREEMENT.
IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE GO-TASK AND ARE INSTRUCTED TO DELETE GO-TASK FROM YOUR iOS DEVICE.
- Service Limitations. Go-Task relies upon: (i) your use of an agricultural machine using a C1000, C2100 or C3000 terminal with compatible software for logging task data; (ii) a wireless device operating on iOS 7 or later; (iii) a functional wireless USB adapter; (iv) a subscription to AGCO’s task data exchange server; (v) a wireless communication network with internet connectivity . YOU MUST HAVE THE FOREGOING FOR GO-TASK TO OPERATE. NOT ALL SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR ON ALL VEHICLES, AT ALL TIMES. The area you are operating in may affect the services that we can provide to you. The services only work in places where there is an internet connection and only if the internet connection has technical compatibility, coverage, network capacity, and reception when and where the service is needed. Services that use location information about your vehicle only work if GPS satellite signals are unobstructed, available in that place and compatible with your vehicle systems.YOUR VEHICLE MUST HAVE A WORKING ELECTRICAL SYSTEM FOR THE SERVICES TO OPERATE.
- License. AGCO grants to you a non-exclusive, non-transferable, revocable, locally and time restricted end user license to install and use Go-Task pursuant to the terms of this Agreement and any additional documentation related to Go-Task that AGCO may distribute from time-to-time. You may not rent, lease, sub-license or lend Go-Task to any third party. AGCO reserves the right to assign its rights in Go-Task and for that purpose to assign this Agreement but will provide notice of such event within the paragraph below headed CHANGES IN TERMS AND SERVICE.
- Go-Task Updates. Go-Task is software that we make available to you. Go-Task is licensed, not sold, to you, and may need to be updated or changed from time to time. You agree that we may change Go-Task without any further notice or consent. You further agree that we may deliver any updates or changes to you electronically. For example, these updates or changes may maintain or improve the proper operation of the app. These software updates or changes may affect or erase data that you have stored in your device. We are not responsible for any affected or erased data due to a software update or change.
- Intellectual Property. Go-Task is protected by intellectual property laws and international treaties. All rights in and to Go-Task and any related materials or documentation are owned by AGCO or its suppliers and nothing contained in this Agreement transfers or assigns any right, title, or interest in Go-Task to you.
- Prohibition on Reverse Engineering and Copying. You may not reverse engineer, decompile, or disassemble Go-Task, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You are authorized to install Go-Task on multiple iOS devices and to create a back-up-copy if necessary but only for the purpose of new installation of Go-Task. You will use commercially reasonable efforts no less stringent than used by you to protect your own intellectual property to ensure that any copy of Go-Task is not accessible to any third parties.
- Object Code Only. You are provided with the object code to Go-Task only. You have no right or license to the source code of Go-Task and are not permitted to edit or recompile the source code of Go-Task.
- CHANGES IN TERMS AND SERVICE. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT AT ANY TIME. ANY CHANGES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS ON THE SITE (www.agcotechnologies.com/go-task-eula) OR UPON our notification TO you either at your next sign on to Go-Task or by electronic mail THE UPDATED AGREEMENT WILL INCLUDE THE POSTING DATE THAT THE CHANGES BECAME EFFECTIVE.YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF THE CHANGES ONLINE OR ABOVE NOTIFICATION WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. YOU SHOULD FREQUENTLY REVIEW THE AGREEMENT (INCLUDING THE EFFECTIVE DATE) AND APPLICABLE POLICIES TO UNDERSTAND THE TERMS THAT APPLY TO YOUR USE OF GO-TASK. IF WE MAKE ANY MATERIAL CHANGES TO THIS AGREEMENT THAT, IN OUR SOLE JUDGMENT, WOULD HAVE AN ADVERSE EFFECT ON YOUR USE OF GO-TASK WE WILL EITHER POST A NOTICE ON THE SITE THAT THIS AGREEMENT HAS CHANGED AND THE EFFECTIVE DATE OF SUCH CHANGE OR PROVIDE YOU A NOTICE DESCRIBING SUCH CHANGES AND THEIR EFFECTIVE DATE. IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND ANY OTHER DOCUMENTATION RELATED TO GO-TASK, THE TERMS OF THIS AGREEMENT WILL GOVERN.
- Service Cancellation: We reserve the right to cancel your Subscription at any time if you fail to pay amounts owing when due, violate or breach any of this Agreement, or for any other reason in our sole discretion. If your Subscription is cancelled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described herein.
- Support Services. AGCO and its dealers may offer to provide you with support services related to Go-Task (“Support Services”).
- Compliance with Laws: You must comply with all applicable laws regarding use of Go-Task including all applicable data privacy laws.
- Third–Party Products. If you access or use any third-party products or services, such as a wireless USB adapter, the terms associated with those third-party products or services will also apply, and you will not hold us responsible for your access to or use of such third-party products or services. Once data has been transferred from the machine to the third party software via the Go-Task app and task data exchange server the data will be governed by the agreement between you and them.
- Termination. Without prejudice to any of its other rights, AGCO may terminate this Agreement at any time, for any reason, without any liability to you or penalty. In the event that AGCO terminates this Agreement, no refund of fees paid will be available. Upon termination you shall uninstall Go-Task from your iOS device.
- No Warranty. YOU UNDERSTAND AND AGREE THAT GO-TASK IS PROVIDED “AS-IS” AND “AS-AVAILABLE.” WE MAKE NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, THE RELIABILITY, PREDICTIVE VALUE, COMPLETENESS, TIMELINESS, OR ACCURACY OF GO-TASK OR ANY INFORMATION THAT IS TRANSMITTED USING GO-TASK, OR THAT YOUR ACCESS TO OR YOUR USE OF GO-TASK WILL BE UNINTERRUPTED, ERROR FREE. ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED. WE DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN GO-TASK. WE MAKE NO WARRANTIES RESPECTIVE TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM.
- Limitation of Liability. IN NO EVENT SHALL AGCO OR ANY OF ITS AFFILIATES BE LIABLE FOR: (I) ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, (INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION) DAMAGES RELATED TO YOUR USE OF GO-TASK; OR (II) THE CONTENT OF GO-TASK OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN.
- Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the state of Georgia, USA without giving effect to conflict of law rules. At our sole election, any dispute, controversy or claim arising out of or relating to this Agreement or the transactions contemplated hereby shall be decided by final and binding arbitration under the American Arbitration Association Commercial Arbitration Rules in Gwinnett County, Georgia. The arbitration award shall be in writing and include detailed findings of fact, conclusions of law, and a statement of the remedy provided. The arbitration award shall be specifically enforceable and judgment thereon may be entered in any court having jurisdiction thereof. If we elect not to arbitrate, then the dispute, controversy or claim shall be decided exclusively in the State or Superior Court of Gwinnett County, Georgia, USA or the United States District Court for the Northern District of Georgia, Atlanta Division and in no other venue or jurisdiction. Each party further irrevocably consents to personal jurisdiction and venue exclusively in, and agrees to service of process issued or authorized by, any such court. To the extent it may be applicable the parties expressly agree to exclude the application of the U.N. Convention on Contracts for the International Sale of Goods to this Agreement.
- Headings. The headings contained herein are for informational purposes only and do not form an enforceable part of this Agreement.
- Entire Agreement. This Agreement forms the entire agreement between AGCO and you related to your use of Go-Task, unless mentioned otherwise in this Agreement. There are no pre-existing or ancillary agreements between AGCO and you related to your use of Go-Task, unless mentioned otherwise in this Agreement. Any representations made by AGCO prior to your acceptance of this Agreement related to your use of Go-Task are superseded by the terms of this Agreement.
- Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
If you have any questions related to data privacy and security for the AGCO Go-Task app please contact DataPrivacy@agcocorp.com