JOHN DEERE TELEMATICS SYSTEM CONTRACT

1 john DEERE TELEMATICS SYSTEM CONTRACT . By clicking the Accept button, below, you ( Customer ) enter into this john DEERE TELEMATICS SYSTEM CONTRACT (the CONTRACT ) with the entity listed in Table 1, below ( john DEERE ), for the location in which your headquarters is located if you are entering into this CONTRACT on behalf of a corporate entity or your place of residence if you are entering into this CONTRACT as an individual (the CONTRACT Jurisdiction ). Customer warrants that Customer's CONTRACT Jurisdiction is not a member state of the European Union and agrees that this CONTRACT shall not apply to any Customer whose CONTRACT Jurisdiction is a member state of the European Union.

2 This CONTRACT is effective as of the date you click the Accept button (the Effective Date ), except as stated in Section john DEERE has developed and markets various TELEMATICS systems consisting of TELEMATICS hardware, software, and services (the Systems ) and distributes the Systems through john DEERE dealers and Hitachi dealers or other designated parties ( Dealers ). This CONTRACT sets forth the terms governing Customer's use of the john DEERE TELEMATICS Systems, including access to and usage of the john DEERE TELEMATICS Web Service. For purposes of this Agreement, a Dealer shall be considered a Customer for the period during which the Dealer owns the Systems and shall be bound by the Customer-specific terms in this CONTRACT .

3 1. SERVICE. Service. The Systems include a proprietary web-based solution (the Web Service ) resident on one or more servers (each a Server ). The Web Service allows Customer to use Customer's computer to view and manage data stored on the Servers that has been obtained from the SYSTEM Hardware. The Systems also include data and software management services ( DSM Services ), which include i) services that enable the collection, management and transfer of Machine Data between SYSTEM Hardware and Servers, JDLink services and ZXLink services (the JDLink Service ) and ii) services that enable machine diagnostics, remote servicing and software updates for various components of a machine.

4 Any terrestrial or satellite-based communications services necessary for the provision of the DSM Services will be provided through one or more duly authorized (satellite or terrestrial) telecommunications providers. The Web Service and the DSM Services shall be collectively referred to as the Service (the Service ). Customer may not resell or otherwise transfer the Service, or any portion thereof, to any third party. The Service only includes those services set forth in this CONTRACT and expressly excludes any additional services that may be offered by any of john DEERE 's underlying wireless or satellite providers.

5 Use of Web Service. During the Term, Customer will have access to and use of the Web Service. john DEERE will assign to Customer us er name(s) and password(s) for Customer's use of the Web Service. Customer shall control access to and use of the user name(s) and password(s) by Customer's employees, and Customer shall promptly notify john DEERE of any unauthorized use of the user name(s) or password(s). Customer shall not permit access via their user name and/or password by any third parties other than john DEERE or an authorized Dealer, or assign or transfer access to the Web Service or use the Web Service except as set forth in this CONTRACT .

6 If Customer desires to provide access to Customer's account to a third party, Customer may create another user name and password for such third party. However, Custo mer assumes full responsibility for the actions of any such third party with respect to the SYSTEM . To use the Web Service, Customer shall CONTRACT with an Internet Service Provider ( ISP ) and have a computer and connection to the Internet that both meet or exceed the specifications or minimum requirements published by john DEERE , if any. Customer shall be solely responsible for the choice of its ISP and for any ISP fees, maintenance support, and other ISP expenses.

7 john DEERE shall not have any responsibility for the ISP connection or any Internet communications link between Customer's computer and the Servers. Customer's use of an ISP does not permit john DEERE to provide backup for access to the Web Service in the event of a failure of the ISP or Internet, and john DEERE shall not have any liability for any interruption or break in the Web Service as a result of downtime or failure of any Internet or ISP connection. JDLink Service. To enable Customer to use the JDLink Service on a particular Terminal, the JDLink Service for that Terminal must first be activated.

8 Such activation may be accomplished via john DEERE 's support website: The activation may also be performed by a Dealer acting at the direction of and on behalf of the Customer. At the time of activation, the JDLink Service and the associated service rates and/or fees indicated to Customer at the time of activation shall commence for each activated Terminal and shall continue in effect for the remainder of the subscription period chosen by the Customer for that Terminal. The current rates and fees for such subscriptions are available at Upon expiration of a JDLink Service subscription period for a Terminal the JDLink Service for that Terminal will cease unless Customer elects to purchase an additional JDLink Service subscription period at the then current rates available at If any terms and conditions are presented to Customer by john DEERE at the time of purchase, activation, or renewal of a JDLink Service subscription period on or after the Effective Date, including a more recent version of this CONTRACT .

9 Customer must accept such terms to enable such subscription period. In the event of any conflict between such terms and the terms of this CONTRACT , the terms presented to Customer by john DEERE at the time of purchase or activation of the JDLink Service subscription period shall apply. As part of the provision of the JDLink Service, each Terminal may be assigned a unique mobile or satellite communication code. Customer acknowledges that Customer has no property right in such code, and john DEERE may change or reassign such codes in john DEERE 's sole discretion. If Customer elects to receive short message service ( SMS ) messages to Customer's mobile device and/or email messages as part of the JDLink Service, Customer hereby authorizes john DEERE to send SMS messages and/or email messages to Customer and agrees to be bound by the additional terms set forth at To elect to receive SMS messages on a mobile device, Customer must be the authorized user of the mobile device.

10 SMS messages may be received on mobile devices utilizing the wireless carriers identified at Customer acknowledges that Customer has the option for the Term of this CONTRACT to opt -in or opt-out of receiving SMS and/or email messages. For assistance with SMS message issues, Customers in the United States and Canada may visit , call 800-grn- star (800-476-7827), or text HELP to 74765. To opt-out of receiving SMS messages, Customers in the United States and Canada must text STOP to 74765. The number of SMS. messages received by Customer will vary depending upon machine activity.