USER AGREEMENT AND TERMS OF SERVICE

1. Overview

DeLaval, Inc. has developed a program/sales tool called Chronologic Planning Tool™ that provides comprehensive assistance and information for planning every stage of a new dairy facility. The World Wide Web site located at www.delaval-cpt.com (the “Site”) consists of information, graphics, project drawings, photos, and other materials and content provided by DeLaval and/or its affiliates and licensors (the “Chronologic Planning Tool Materials”). "Subscriber" (or “You” or “Your”) means each person who completes the registration process to establish an account ("Account") or otherwise accesses the Chronologic Planning Tool Materials via the Site. By using or accessing the Chronologic Planning Tool Materials or creating an Account on the Site, You agree to be bound by the following terms and conditions (the "Agreement").

2. Subscriber Obligations

By using the Site or the Chronologic Planning Tool Materials, Subscriber agrees to comply with all of the terms of this Agreement. The right to use the Site and the Chronologic Planning Tool Materials is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any username or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any. DeLaval shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. To the extent Subscriber is permitted, pursuant to the Agreement, to share the Chronologic Planning Tool Materials with employees or other third parties, Subscriber agrees to remain responsible for their compliance with the terms of this Agreement. You represent that you are of legal age to form a binding contract and you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form on the Site (the "Subscriber Data") and to (b) promptly update the Subscriber Data to keep it true, accurate, current and complete. You acknowledge that if you provide any Subscriber Data that is untrue, inaccurate, not current or incomplete, DeLaval has the right to suspend or terminate your account and refuse any and all current or future use of the Site.

3. Modification of Terms
DeLaval shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of the Site, the Chronologic Planning Tool Materials, or any part of either of the above, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the Site or the Chronologic Planning Tool Materials by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Limited License

The Site and the Chronologic Planning Tool Materials contain copyrighted material, trademarks and other proprietary information (which may include, without limitation, text, software, photos, video, graphics, project plans, music and sound), and as between Subscriber and DeLaval, DeLaval owns all right, title and interest in and to such materials. Subscriber may not, directly or indirectly, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, other than as expressly authorized by this Agreement. Subscriber may download copyrighted material for Subscriber's personal use in accordance with this Agreement only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of DeLaval. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material. Your possession and use of this material does not give you any ownership or other rights in the material other than the limited, personal, non-exclusive, revocable license rights described in the following subsections:

(a) You (and any of your employees who are involved in the planning or construction of a dairy facility using a DeLaval brand of equipment) are allowed unlimited use of the Site and the Chronologic Planning Tool Materials as such are viewed on your computer(s) so long as that use is directly related to the planning or construction of a dairy facility using a DeLaval brand of equipment;

(b) You (and any of your employees who are involved in the planning or construction of a dairy facility using a DeLaval brand of equipment) are allowed to print any of the documents on the Site or in the Chronologic Planning Tool Materials so long as those hard copies are used only in relation to the planning or construction of a dairy facility using a DeLaval brand of equipment. You agree that the hard copy versions of the documents from the Site or the Chronologic Planning Tool Materials remain the property of DeLaval subject to the terms of this Agreement;

(c) You (and any of your employees who are involved in the planning or construction of a dairy facility using a DeLaval brand of equipment) agree not to copy any of the programs or documents on the Site or contained in the Chronologic Planning Tool Materials onto your computer’s hard drive or any other electronic storage media, other than as temporarily necessary and incident to utilizing the rights granted to You in the preceding paragraphs (b) and (c); and

(d) If you are not involved in the planning or construction of a dairy facility using a DeLaval brand of equipment, and were otherwise provided access by DeLaval, you are allowed limited use of the Site and the Chronologic Planning Tool Materials as such are viewed on your computer(s) (and may print such materials), solely for the purpose agreed to by you and DeLaval when DeLaval granted such access, and in no event for any other commercial purpose which is (or in the reasonable opinion of DeLaval may be) competitive to DeLaval.

5. Confidentiality Agreement

In further consideration of DeLaval providing you with access to the Site and use of the Chronologic Planning Tool Materials materials, you agree that without DeLaval’s express prior written consent you will not:

(i) describe or summarize the contents or organization of any of the Chronologic Planning Tool Materials or the Site to anyone other than your employees who are involved in the planning or construction of a dairy facility using a DeLaval brand of equipment;

(ii) use, or allow the use of, any of the Chronologic Planning Tool Materials or the Site on behalf of any other person or business organization; or

(iii) allow anyone other than your own employees who are involved in planning or construction of a dairy facility using a DeLaval brand of equipment to have access to the Site or any of the Chronologic Planning Tool Materials whether in electronic or printed form.

You agree to take the same steps to protect the confidentiality of the Chronologic Planning Tool Materials, the Site and any documents printed from either, in the same manner as you would for your own highly confidential information. You also agree to take all steps reasonably necessary to insure any employees who have or are allowed access to the Chronologic Planning Tool Materials or printed documents are aware of the provisions of this letter agreement and that they comply with those provisions.

6. Return of Materials

You agree that upon DeLaval’s request you will immediately return the Chronologic Planning Tool Materials in your possession or certify their destruction (along with any backup copies you may have received), any documents printed from the Site or the Chronologic Planning Tool Materials, and any notes or other summaries you may have prepared (in either written or electronic form) of information contained in the Chronologic Planning Tool Materials or from the Site.

7. Disclaimer of Warranties and Liability
In the event that DeLaval or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either DeLaval or its affiliated entities operates or controls in any way any information, products or services on these third party sites.

YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE, THE CHRONOLOGIC PLANNING TOOL MATERIALS OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK.

THE MATERIALS ON THIS SITE AND THE CHRONOLOGIC PLANNING TOOL MATERIALS ARE PROVIDED TO YOU "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, DELAVAL AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DELAVAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT DELAVAL, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

UNDER NO CIRCUMSTANCES SHALL DELAVAL OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THIS PROVISION INCLUDES, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF DELAVAL AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE OR THE USE OF THE SERVICE.

8. Indemnification
Subscriber agrees to defend, indemnify and hold harmless DeLaval, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site or the Chronologic Planning Tool Materials by Subscriber or via Subscriber's Account.

9. Termination
Either DeLaval or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, DeLaval shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which DeLaval, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions in Sections 5-8 shall survive termination of this Agreement.

10. Miscellaneous
This Agreement constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

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