MERZ OEE SERVICE TERMS OF USE Please read carefully these Terms of Use before you start to use Merz OEE service. By „You“ we mean a person/organization/institution etc. who is represented by your activity. “We” means Merz s.r.o. a company duly registered according to laws of the Czech Republic, having its registered seat at U Sirotčince 353/7, Liberec IV-Perštýn, 460 01 Liberec, Czech Republic (European Union), Id. No.: 40232433, VAT: CZ 40232433. Merz OEE service consists of the necessary on-site hardware (OEE Box) and the web service. You can order the OEE Boxes via e-shop or e-mail. You are obliged to follow the recommended installation procedure provided with each OEE Box. Each OEE Box can be registered on the Merz OEE service portal, where we pair the established account with the OEE Box serial number. You will log into the Merz OEE service, set the necessary information from Your production and You can start to use the service for the period You paid for. LICENSE You are granted a license to use the Merz OEE service under the terms stated in this Terms of Use. You may register into and use the Merz OEE service on machines with concrete OEE Box where you have registered serial number. You may not copy, translate, modify or adapt the Merz OEE service, or any portion thereof, or incorporate it, in whole or any part, in any other product, create derivative services based on the Merz OEE service, or any portion thereof, or license others to reproduce any copies of the service, or any portion thereof. TERM The license is effective until terminated. It will terminate if You fail to pay the service on time according to the payment conditions set on the price list or if You fail to comply with any term or condition of this Terms of Use. LIMITED WARRANTY Merz s.r.o. WARRANTS THE OEE BOX TO BE FREE OF DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF TWELWE (12) MONTHS FROM THE DATE OF THE RESPECTIVE OEE BOX PURCHASE. Merz s.r.o. SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WITH RESPECT TO ANY PARTICULAR APPLICATION, USE OR PURPOSE, IN NO EVENT SHALL Merz s.r.o. BE LIABLE FOR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. Merz s.r.o. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. LIMITATION OF REMEDIES Merz s.r.o. entire liability and Your exclusive remedy shall be the replacement of any OEE Box not meeting our Limited Warranty, which is returned to us with a copy of your receipt within the warranty period. The remedy for breach of this warranty shall be limited to replacement and shall not encompass any other damages including but not limited to loss of profit, special, incidental, consequential, or other similar claims arising out of the use or inability to use the service even if Merz s.r.o. has been advised of the possibility of such damages, or for any claim by any other third party. GENERAL This Terms of Use will be governed by the laws of the Czech Republic. Should You have any questions concerning this Terms of Use or the Merz OEE service, You may contact us: E-mail: info@merz.cz Phone: +420 485 100 272 You acknowledge that You have read this Terms of Use, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between You and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between You and us relating to the subject matter of this Terms of Use. EXPORT COMPLIANCE You agree to comply with the United States of America´s current Export Administration Regulations (EAR) and agree that You will not distribute or supply the OEE Box in violation of the EAR. You are responsible for securing any export approval or license as may be needed under the EAR. Additionally, You are responsible for obtaining local customs clearance as applicable and paying all duties, taxes and other charges.