VarioDoc/TaskDoc EULA

END-USER LICENSE AND DATA USAGE TERMS OF USE AGREEMENT (“AGREEMENT”)

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE BUYING/ENTERING INTO A SUBSCRIPTION FOR ACCESSING, ACTIVATING OR USING VarioDoc™ or TaskDoc™

Thank you for purchasing the VarioDoc™ or TaskDoc™ system (collectively “TASKDOC”).  This Agreement sets out important details regarding your (i) paid, trial, or other subscription (“Subscription”) to the task data exchange service and TASKDOC; (ii) your use of TASKDOC; 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 TASKDOC.  This is a legal agreement between you and AGCO International GmbH, Neuhausen am Rheinfall, Switzerland (“AGCO” or “we” or “us”) which supersedes any prior proposal, representation, or understanding between the parties regarding TASKDOC.  If you do not agree to the terms of this Agreement, you may not access, activate or use TASKDOC. You confirm by “accepting” the terms of this Agreement and/or activating and/or using TASKDOC 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 SYSTEM. BY “ACCEPTING” THESE TERMS, ENTERING INTO A SUBSCRIPTION, ACCESSING, ACTIVATING OR USING THE SYSTEM, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. PLEASE DO NOT “ACCEPT” THIS AGREEMENT OR ACCESS OR ACTIVATE OR USE THE SYSTEM IF YOU DO NOT AGREE WITH THIS AGREEMENT.

 

IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE TASKDOC.

 

  1. Service Limitations. TASKDOC relies upon: (i) your use of an agricultural machine with compatible software for logging task data; (ii) an integrated wireless communication device; (iii) an active data plan where applicable for the wireless communication hardware; (iv) a subscription to AGCO’s task data exchange server; and (v) a wireless communication network with internet connectivity where applicable.  YOU MUST HAVE THE FOREGOING FOR TASKDOC 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.

 

  1. AGCO grants to you a non-exclusive, non-transferable, revocable, locally and time restricted end user license to use TASKDOC pursuant to the terms of this Agreement and any additional documentation related to TASKDOC that AGCO may distribute from time-to-time.  You may not rent, lease, sub-license or lend TASKDOC to any third party.  AGCO reserves the right to assign its rights in TASKDOC 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.

 

  1. TASKDOC Updates. TASKDOC is software that we make available to you through your machine terminal.  TASKDOC is licensed, not sold, to you, and may need to be updated or changed from time to time.  You agree that we may change TASKDOC 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 system. These software updates or changes may affect or erase data that you have stored on your machine. We are not responsible for any affected or erased data due to a software update or change.

 

  1. Intellectual Property. TASKDOC is protected by intellectual property laws and international treaties.  All rights in and to TASKDOC 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 TASKDOC to you.

 

  1. Prohibition on Reverse Engineering and Copying. You may not reverse engineer, decompile, or disassemble TASKDOC, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.  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 TASKDOC is not accessible to any third parties.

 

  1. Object Code Only. You are provided with the object code to TASKDOC only.  You have no right or license to the source code of TASKDOC and are not permitted to edit or recompile the source code of TASKDOC.

 

  1. 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 (agcotechnologies.com/VarioDoc-TaskDoc-EULA) OR UPON our notification TO you 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 TASKDOC.  IF WE MAKE ANY MATERIAL CHANGES TO THIS AGREEMENT THAT, IN OUR SOLE JUDGMENT, WOULD HAVE AN ADVERSE EFFECT ON YOUR USE OF TASKDOC 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 TASKDOC, THE TERMS OF THIS AGREEMENT WILL GOVERN.

 

  1. 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.

 

  1. Support Services. AGCO and its dealers may offer to provide you with support services related to TASKDOC (“Support Services”).

 

  1. Compliance with Laws: You must comply with all applicable laws regarding use of TASKDOC including all applicable data privacy laws.

 

  1. ThirdParty Products. If you access or use any third-party products or services, such as a wireless communications SIM card and data plan, 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 TASKDOC system the data will be governed by the agreement between you and such third parties.

 

  1. 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 TASKDOC will no longer function on your machine.

 

  1. No Warranty. YOU UNDERSTAND AND AGREE THAT TASKDOC 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 TASKDOC OR ANY INFORMATION THAT IS TRANSMITTED USING TASKDOC, OR THAT YOUR ACCESS TO OR YOUR USE OF TASKDOC 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 TO THE EXTENT PERMITTED BY APPLICABLE LAW.  WE DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN TASKDOC.  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.

 

  1. Data. We agree that you own any information and data transmitted using TASKDOC. We will not collect, store, or share with any third party any data transmitted through TASKDOC except for the purposes of contracting with third parties to technically enable the service and as permitted pursuant to any separate agreement between us and you related to the data.  We will notify you of any unauthorized access or misuse of any data or of a data breach (“Data Breach”)  at a minimum without undue delay or, (if notification is required earlier) in accordance with applicable laws, regulations, industry standards and industry best practices and we will immediately investigate and take appropriate remedial action to mitigate the effects of any Data Breach and all such investigation and remediation activities shall be in accordance with applicable laws, regulations, industry standards, and industry best practices.  Upon request we shall provide you with a summary report of our investigation and remediation activities.

Data Collection.  Upon your “acceptance” of these Terms and purchase of a TASKDOC subscription, activation of TASKDOC will commence and the Service may transmit machine and related data (“Task Data”), including but not limited to data related to machine position, tracking, monitoring, and activity or other data gathered by any sensor on the machine, such as but not limited to, engine RPM, PTO speed, master apply switch, yield, and/or fuel rate. The type and amount of Task Data collected will vary by machine type and configuration and may change at any time without notice. While logging Task Data your vehicle may be recording position by the GPS satellite network. If your machine is not only used by yourself, you will inform any user of the machine of the trackability.

Data Storage.  For the provision of the Services AGCO will store the Task Data until it is transferred from the task data exchange server either to a machine or an authorized FMIS system. The task data exchange server will be located in Munich, Germany. By accepting the terms of this Agreement you acknowledge your consent for AGCO to store this data in Germany.

The Task Data used/shared will not include any personal information of you or the users of your machine unless you give us your consent for you and/or procure the consent as a data controller of such person’s related use of the Task Data.

Our Privacy Policy governs the treatment by us of both anonymous and personally identifiable information that we collect when you use the Site or the Service and when you provide information to us in any medium for the Service, or any other services we may offer. AGCO endeavors to procure in its contractual arrangements with its dealers and third parties engaged by AGCO that such dealers and third parties adhere to our privacy policy or their equivalent policy as well as applicable privacy laws. Be sure to read our Privacy Policy which is found at http://www.agcotechnologies.com/about-fuse/data-privacy. If you have any questions contact dataprivacy@agcocorp.com.

 

  1. Limitation of Liability. IN NO EVENT SHALL AGCO OR ANY OF ITS AFFILIATES BE LIABLE, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR: (I) ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, (INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION) DAMAGES RELATED TO YOUR USE OF TASKDOC; OR (II) THE CONTENT OF TASKDOC OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN.  AGCO SHALL HOWEVER BE LIABLE FOR ANY DAMAGES CAUSED BY INTENT OR GROSS NEGLIGENCE.

 

  1. Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the Switzerland without giving effect to conflict of law rules.  All dispute, controversy or claim under this Agreement shall be decided exclusively in competent courts of the City of Zurich, Zurich 1 (Kreis 1), Switzerland 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.

 

  1. Headings. The headings contained herein are for informational purposes only and do not form an enforceable part of this Agreement.

 

  1. Entire Agreement. This Agreement forms the entire agreement between AGCO and you related to your use of TASKDOC, unless mentioned otherwise in this Agreement.  There are no pre-existing or ancillary agreements between AGCO and you related to your use of TASKDOC, unless mentioned otherwise in this Agreement.  Any representations made by AGCO prior to your acceptance of this Agreement related to your use of TASKDOC are superseded by the terms of this Agreement.

 

  1. 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 TASKDOC app please contact dataprivacy@agcocorp.com.