EZ-COLLETS End User License Agreement
(including Snap-on Equipment Inc. Privacy Policy – Exhibit A)
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SNAP -ON EQUIPMENT INC.
END USER LICENSE AGREEMENT
(EZ-COLLETS )
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
BEFORE INSTALLING THIS EZ -COLLETS APP (AS DEFINED BELOW) OR A
PERSON AUTHORIZED BY THE PERSON OR ENTITY WHO ACQUIRED THE EZ -
COLLETS TO ACCEPT THE FOLLOWING TERMS ON SUCH PERSON'S OR
ENTITY'S BEHALF. "YOU" AND "YOUR" SHALL REFER TO THE PERSON OR
ENTITY WHO ACQUIRED THIS PRODUCT. INSTALLING THIS EZ -COLLETS
APP INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF
YOU DO NOT AGREE WITH THEM, YOU SHOULD NOT USE THE EZ-COLLETS
APP AND CONTACT SNAP -ON IMMEDIATELY.
LICENSE Upon your acceptance of this End User License Agreement (the
"Agreement"), Snap-on Equipment Inc. ("Snap -on") grants, subject to the terms and
conditions of this Agreement , to the person or business entity who originally acquired
the EZ-COLLETS mobile application products ("EZ-COLLETS App") a non-exclusive,
non-transferable (except as permitted below), personal license to use the EZ -
COLLETS App ("License"). The EZ-COLLETS App is a proprietary product of Snap-
on and is protected by copyright law, as well as other intellectual property laws. Snap-
on retains title and ownership of the EZ-COLLETS App, and it is being licensed to you
and not sold. All rights , not expressly granted to you, are reserved by Snap-on.
CONSENT Each time you use this EZ-COLLETS App, you consent to the collection,
use, disclosure, and processing of personal information in accordance with the
Privacy Policy attached as Exhibit A. In particular, if you are located in a jurisdiction
outside the United States, you consent to the transfer of this information to our servers
and computer systems in the United States, a country that may not provide an
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“adequate” level of data protection within the meaning of the laws in your country.
PERMITTED USES YOU MAY: (i) install the EZ-COLLETS App on up to one device
per EZ -ADAS activation code; (ii) transfer the EZ-COLLETS App and License to
another party if the other party agrees to accept the terms and conditions of this
Agreement, provided you retain no copies of the EZ-COLLETS App, and you transfer
all of the EZ-COLLETS App to such other party.
PROHIBITED USES YOU MAY NOT: (i) other than permitted by this License
Agreement, copy the EZ-COLLETS App into any machine readable or printed form for
backup or archival p urposes; (ii) modify, merge, translate, decompile, reverse
engineer, disassemble, decode, or otherwise alter or attempt to derive the source
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code of the EZ-COLLETS App; (iii) use the EZ-COLLETS App on more than one
device at the same time and with the same activation code ; or (iv) transfer, assign,
rent, lease, sell, or otherwise dispose of the EZ -COLLETS App on temporary or
permanent basis except as expressly provided herein. You will not remove any
proprietary notices from the EZ-COLLET S App and will include such notices on any
authorized copies of the EZ -COLLETS App.
TERM The License is effective until terminated. You may terminate it at any time by
destroying the EZ-COLLETS App. The License will also terminate automatically
without notice from Snap -on if you fail to comply with any provision of this
Agreement. You agree upon such termination to destroy the EZ-COLLETS App and
upon Snap-on's request to certify in writing that you have so destroyed the EZ-
COLLETS App.
LIMITED WARRANTY Snap-on warrants, for a period of ninety (90) days from the
date of delivery to you, that the EZ-COLLETS App will perform substantially in
accordance with the accompanying technical specifications in the documentation,
under normal use. THIS LIMITED WARRANTY IS PROVIDED IN LIEU OF ANY
OTHER EXPRESS WARRANTIES (IF ANY), ALL OF WHICH ARE DISCLAIMED
BELOW. THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY THAT
IS PROVIDED TO YOU AND IS NOT TRANSFERABLE OR ASSIGNABLE.
WARRANTY DISCLAIMER EXCEPT AS SET FORTH IN THE ABOVE LIMITED
WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE EZ-COLLETS APP IS PROVIDED "AS IS", WITH ALL FAULTS AND
WITHOUT WARRANTY, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF
VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE
EFFORT AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY
DISCLAIMED.
SNAP-ON AND ITS AFFILIATED COMPANIES DO NOT WARRANT, GUARANTEE,
OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS
OF THE USE, OF THE EZ-COLLETS APP, THE DATA PROVIDED BY OR WRITTEN
MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY,
CURRENTNESS, OR IN TERMS OF YOUR REQUIREMENTS. ALSO, THERE IS
NO WARRANTY OF TITLE OR NONINFRINGEMENT IN THE EZ-COLLETS
APP. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SNAP-ON
OR ITS AFFILIATED COMPANIES, OR THEIR RESPECTIVE AGENTS,
DISTRIBUTORS, DEALERS AND EMPLOYEES, SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY
NOT RELY ON ANY SUCH INFORMATION OR ADVICE. YOU ASSUME THE
ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE EZ-COLLETS
APP. SHOULD THE EZ-COLLETS APP PROVE DEFECTIVE, YOU (AND NOT
SNAP-ON OR ITS AFFILIATED COMPANIES, OR THEIR RESPECTIVE AGENTS,
DISTRIBUTORS, DEALERS AND EMPLOYEES) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY
EQUIPMENT YOU USE WITH THE EZ -COLLETS APP. THE EZ-COLLETS APP
IS NOT DESIGNED OR INTENDED FOR ANY USE IN WHICH THE FAILURE OF THE
EZ-COLLETS APP COULD CAUSE PERSONAL INJURY OR DEATH.
SNAP-ON DOES NOT WARRANT THE OPERATION OF THE EZ-COLLETS APP
TO BE UNINTERRUPTED OR ERROR-FREE, NOR DO ES SNAP-ON MAKE ANY
WARRANTY OR REPRESENTATION REGARDING THE USE OR OUTPUT OF THE
EZ-COLLETS APP IN TERMS OF CORRECTNESS, ACCURACY,
COMPLETENESS, TIMELINESS, SEQUENCE, RELIABILITY OR OTHERWISE OR
THAT THE EZ-COLLETS APP WILL MEET YOUR REQUIREMENTS. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH
EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER
RIGHTS THAT VARY BY JURISDICTION.
YOUR EXCLUSIVE REMEDY If, during the ninety (90) day warranty period, the EZ-
COLLETS App fails to comply with the limited warranty set forth above, provided you
notify Snap-on within such ninety (90) day warranty period, Snap-on shall, at Snap-
on's sole option , either: (i) the return the price paid (if any) for the EZ-COLLETS
App; or (ii) repair or replace at no charge, the EZ-COLLETS App not meeting the
Limited Warranty, and which is returned to Snap-on at your expense with a copy of the
sales receipt. THE FOREGOING IS SNAP-ON'S ENTIRE LIABILITY AND YOUR
SOLE AND EXCLUSIVE REMEDY RELATING TO BREACH OF THE LIMITED
WARRANTY. If failure of the EZ-COLLETS App has resulted from accident, abuse,
misuse or misapplication, Snap-on shall have no responsibility whatsoever. Any
replacement EZ-COLLETS App will be warranted for the remainder of the original
warranty period of ninety (90) days.
EXCLUSION OF CONSEQUENTIAL, INCIDENTAL AND CERTAIN OTHER
DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
NEITHER SNAP-ON NOR ANY ONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THE EZ-COLLETS APP,
INCLUDING BUT NOT LIMITED TO SNAP-ON'S AFFILIATED COMPANIES,
DISTRIBUTORS OR DEALERS SHALL BE LIABLE TO YOU FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE
DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOSS OF BUSINESS OR PERSONAL PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS OR PERSONAL OR CONFIDENTIAL INFORMATION, OR
ANY OTHER PECUNIARY LOSS, DAMAGES FOR LOSS OF PRIVACY, OR FOR
FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF GOOD FAITH OR TO
EXERCISE COMMERICALLY REASONABLE CARE OR FOR NEGLIGENCE)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE
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SUCH EZ-COLLETS APP, EVEN IF SNAP-ON HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SNAP-ON'S OR ITS
AFFILIATED COMPANIES' TOTAL LIABILITY FOR ANY AND ALL DAMAGES,
LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE
AMOUNT PAID BY YOU FOR THE EZ-COLLETS APP. SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TAXES AND CHARGES You will be responsible for all applicable federal, state or
local taxes, tariffs or duties, now or hereafter imposed except for those taxes related
to the income of Snap-on.
EXPORT ADMINISTRATION COMPLIANCE This Agreement is made subject to any
restrictions concerning the export of the EZ-COLLETS App from the United States of
America o r the country in which you are located. You will comply fully with all relevant
export laws and regulations of the United States and any local country, and you will
not export, directly or indirectly, the EZ-COLLETS App nor any other technical data
received from Snap-on, nor any part thereof, in violation of such laws.
RESTRICTED RIGHTS The EZ-COLLETS App is provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by or on behalf of any unit or agency of the
United States Government (the "Government") is subject to restrictions as set forth in
subparagraph (c)(1) of the Rights in Technical Data and Computer Licensed Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Licensed Software---Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is Snap-on Equipment Inc. or one of its affiliates, 2801
80th Street, Kenosha, WI 53143.
OPEN Source EZ-COLLETS App Access
Open source EZ-COLLETS App (if) used in this EZ-COLLETS can be found at:
http://www.snaponequipment.com/osl
GOVERNING LAW; EXCLUSIVE JURISDICTION This Agreement will be governed
by the laws of the State of Wisconsin (excluding its choice of laws principles). YOU
CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE FEDERAL
COURTS SITTING IN MILWAUKEE COUNTY, WISCONSIN, UNLESS NO
FEDERAL JURISDICTION EXISTS, IN WHICH CASE YOU CONSENT TO
EXCLUSIVE JURISDICTION AND VENUE IN ANY STATE COURT LOCATED IN
MILWAUKEE COUNTY, WISCONSIN. YOU WAIVE ALL DEFENSES OF LACK OF
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PERSONAL JURISDICTION AND FORUM NON CONVENIENS. THE PARTIES
HEREBY EXPRESSLY AGREE THAT THIS AGREEMENT SHALL NOT BE
GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR
THE INTERNATIONAL SALE OF GOODS.
GENERAL You agree that this Agreement is the complete and exclusive statement
of the Agreement between you and Snap-on which supersedes any proposal or prior
agreement, oral or written, and any other communications between you and Snap-on
relating to the subject of this Agreement. If for any reason a court of competent
jurisdiction finds any provision of this Agreement to be unenforceable, that provision
will be enforced to the maximum extent permissible so as to effect the intent of the
parties, and the remainder of this Agreement will continue in full force and effect. Any
failure by either party to require strict performance by the other of any provision of this
Agreement will not constitute a waiver of such provision or thereafter affect the party's
full rights to require strict performance. This Agreement may only be amende d by
specific written amendment signed by authorized representatives of both parties.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS.
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EXHIBIT A
SNAP -ON EQUIPMENT INC. PRIVACY POLICY
Snap-on Equipment Inc. (“Snap-on Equipment”) is part of the Snap-on group of
companies which process your data. Snap -on Equipment operates under the trading
name of John Bean, Hofmann, Car-O-Liner and Sun in the North America, Latin
America and Europe.
Should you have any questions or concerns regarding this policy, please contact:
Snap-on Equipment Inc.
Customer Service
309 Exchange Avenue
Conway, Arkansas 72032
Tele: (800) 362-8326
We appreciate your use of our services. The protection of your privacy in the
processing of your personal data is an important concern to which we pay special
attention during our business processes.
1. What personal data do we gather?
We collect and process a range of personal data including, as applicable:
Data you give to us:
• This is information about you that you give to us by filling in forms on our
application. It includes information you provide when you download the application
on your device, search for a product and when you report a problem with our
application. The information you give to us includes for example: name, title, address,
business telephone number, purchase information, business email address, fax
number, country of origin/nationality, country of residence, customer number,
business-related information, and the name of the company you work for.
Data we collect about you:
• With regard to each of your visits to our application, we will automatically collect
information about your visits through the use of various technologies, this will include
information about your internet service provider, IP address, operating system, device
identification number; pages accessed on our application and online sources, and the
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date and time of access in order to optimize your user experience and the way in which
we communicate with you.
• If you contact us, we will keep a record of that correspondence or conversation.
• As you interact with our application we may also automatically collect technical data
about your device, browsing actions and patterns. We collect this personal data by
using cookies, server logs and other similar technologies.
Data we receive from other sources:
• This is information we receive about you from third parties who operate other
applications or websites we use and from our business partners. We work closely with
third parties including business partners, sub-contractors in technical, and payment
and delivery services, advertising networks, analytics providers and search
information providers.
2. How do we use your personal data?
We use the personal data of users for the following purposes:
• Administration of website and application: The technical administration of the
application and operational functions.
• Customer Support: to provide customer support services (including handling
complaints) and customer relationship management.
• Business Development: to identify and develop new and existing customers and
carrying out market and other research to improve our products, services and our
website and application.
• Advertising & Marketing: to provide you with updates and offers, where you have
chosen to receive these.
• Security & Legal Compliance: as part of our efforts to keep our application safe and
secure and to comply with our legal obligations.
• Monitoring & Recording: to handle any calls, chats and other inte ractions with us,
including those made with our call centre, some of which may be recorded to ensure
service quality. Also, communications and information transmitted through our
application, including any messaging functionality, such as a in-app chat, may be
monitored and where appropriate, recorded in order to ensure compliance with legal
and regulatory obligations, and internal policies, and for the purposes set out in this
Privacy Notice. Please be aware that it is our general practice to monitor and, in some
cases, record such interactions for staff training or quality assurance purposes or to
retain evidence of a particular transaction or interaction.
We will use your personal data for the above purposes when:
• It is necessary for the performance of a contract to which the data subject is party (e.g.
we need your contact and payment details in order to process your order);
• It is necessary for compliance with a legal obligation to which the controller is subject;
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• It is essential to protect the vital interests of you or another person;
• It is necessary for the performance of a task carried out in the public interest or
exercise of official authority; or
• It is necessary for the purposes of legitimate interests of us or by a third party to whom
we provide it, except where such interests are overridden by your fundamental rights
and freedoms which require the protection of personal data.
Where none of the above apply, we will request your consent (which we will ask for
before we collect the data).
3. Where is my data kept?
We operate business es in multiple jurisdictions, some of which are not located in the
European Union or European Econo mic Area. The personal data that we collect from
you may therefore be transferred to, or disclosed to staff operating outside your
country who work for us or for one of our suppliers or business partners. This includes
staff engaged in, among other things, fulfilment of your order, the processing of your
payment payment details and the provision of support services.
We will take all steps reasonably necessary to ensure that your data is treated securely
and in accordance with appropriate data transfer mechanisms.
4. How long will my personal data be kept for?
We will endeavour not to keep your personal data in a form that allows you to be
identified for any longer than is reasonably necessary to achieve the permitted
purposes. This means that data will be destroyed or erased from our systems or
anonymised when it has reached the applicable retention period.
5. Is my personal data transferred or provided to third parties?
We are part of the Snap-on group of companies, an international group of companies
with international processes, management structures and technical systems that cross
national borders. Our parent company Snap-on Incorporated is based in Kenosha,
Wisconsin, in the United States of America.
We may share your personal data with other group compan ies, and other third parties,
including:
• Business partners, suppliers and sub-contractors for the performance of any contract
we enter into with them;
• Analytics and search engine providers who assist in improving and optimising our
application, subject to the cookie section of this policy.
• Our agencies and third parties for the purposes of providing marketing services, where
you have provided your consent.
• to fulfill the purpose for which you provide it;
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• for the purpose of including your company’s logo on our website;
• for any other purpose disclosed by us when you provide the information; or
• for any purpose allowed by law or with your consent.
We may also disclose your personal data to third parties in the following circumstances:
• If we are under a duty to disclose or share your personal data in order to comply with
any legal obligation, or in order to enforce or apply our terms and conditions and other
agreements; or to protect the rights, property, or safety of our group of companies, our
customers, or others.
• If we are acquired by a third party, in which case personal data held by us about our
customers will be one of the transferred assets.
Where required under applicable law, we will put in place appropriate contractual
measures to ensure that the controllers and processors with whom we share data also
ensure an equivalent level of data protection.
We do not sell, rent or otherwise trade your personal da ta with third parties.
6. What about data security?
We endeavour to protect your personal data. Once we have received your information,
we implement reasonable technical and organisational measures and controls to
prevent, as far as reasonably possible, any unauthorized and unlawful access,
processing, loss or destruction of your personal data.
7. What are my rights in relation to my personal data?
Depending on the circumstances and the applicable law, you may have the right to :
• request access to any data we hold about you;
• object to the processing of your data for direct-marketing purposes;
• ask to have inaccurate data held about you amended or updated;
• ask to have your data erased or to restrict processing in certain limited situations;
• request the porting of your personal data to another organisation in control of your
personal data; and/or
• object to any decision that significantly affects you being taken solely by a computer
or other automated process.
If you wish to exercise any of these rights please write to us at the address listed above.
Please note that, in certain circumstances, we may be required to restrict your rights in
order to safeguard the public interest (e.g. the prevention or detection of crime) and our
interests (e.g. the maintenance of legal privilege).
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8. Cookies
A cookie is a small file that may be stored on and accessed from your device when you
use our application. Other tracking technologies work similarly to cookies and place
small data files on your devices or monitor your application activity to enable us to
collect information about how you use our application.
Our application may use cookies and other tracking techn ologies to distinguish you from
other users of our services. This helps us to provide you with a good experience when
you use our services and also allows us to monitor and analyse how you interact with
our application so that we can continue to improve our services. We do not use cookies
and other tracking technologies to collect or record information about your name,
address or other contact details.
Most internet browsers are set by default to accept cookies. If you prefer, you can set
your browser to disable cookies or to alert you when cookies are being sent. However,
it is possible that some portions of the application will not function properly if you do so.
You can find more information about cookies at: www.allaboutcookies.org .
9. Data quality
We ask that you keep your data as up-to-date as possible and inform us of any material
changes to your data.
10. What should I do if I think there has been a breach of data protection laws or
this policy?
If you consider that the applicable data protection legislation or this policy has not been
adhered to, you may lodge a complaint with our Data Protection Officer by the email
address listed below.
11. Updating this policy
This policy may be updated from time to time so please check it each time you submit
personal data to any of our applications.
12. Contact us
If you have questions, concerns or suggestions about this privacy policy, or any
requests concerning your personal data, you may contact your local representative or
the Snap-on Incorporated Data Protection Officer at:
Email: DataProtectionOfficer@snapon.com
Phone: +1-262-656-5200