1 Region 2 - Page 1/2 Faxform JDLink subscription order Business and personal information ( * = required) * Company Name: * VAT Number: NOTE: If the company VAT Number is NOT valid, taxes (19%) will have to be charged due to German law regulations. * Last Name: * First Name: * Adress: * City: * Zip Code: * Country: * Fax Number: * Phone: * * StellarSupport User Name (or Identification): If you have a StellarSupport or JDparts User Name (or Identification) please provide it above. If you do not have a profile you can create one on or one will be created for you. 2. Product and ordering details * JDLink Terminal Serial No. (13 digits) Please check a box JDLink Select (12 month) JDLink Ultimate (12 month) JDLink Upgrade(compensation for Select + addl. 12 month Ultimate) Pro-rated Prices do not include Tax Activation upon receipt of payment * Desired Activation Date: / / (D/M/Y) 1
2 Faxform JDLink license activation Region 2 Fax: Page 2/2 Please read terms of payment, choose payment option and enter subsequent info. Paper copies may not contain the latest information. Terms of Payment: Sale is final after receipt of payment of the invoice / order is confirmed in full and without bank charges for John Deere. For this order the General Terms and Conditions of John Deere shall apply. Privacy: I acknowledge and agree to the terms that the data contained in this form is stored by John Deere only for payment processing and only for the duration of the contractual arrangement. The information will not be shared with any third party or external group. For any questions or concerns in connection with storage of data please contact John Deere European Technology Innovation Center (see 4. Contact) 3. Payment Option: Bank Transfer Payment Please be aware that activation will only take place after completion of the bank transfer of this payment. This process may take up to 5 working days. * Signature: 4. Contact: John Deere European Technology Innovation Center A Devision of Deere & Company Strassburger Allee Kaiserslautern Germany Fax: Fon: IMPORTANT: Please fax back the signed JDLink subscription order, the signed Telecommunication System Contract (englisch version) and the signed Privacy Authorization (englisch version). 2
3 Telematics Service Information about Collection, Processing and Use of Data You are subscribing to our Telematics Service ( Service ) as defined in the John Deere Telematics Service Contract. This document contains important information regarding how we collect, process and use data, including personal data in connection with the Service. 1. Data controller As a part of the Service, Deere & Company, located at One John Deere Place, Moline, IL ( John Deere or we ) as a data controller analyzes the use of your machine and provides you with individual performance reports. 2. Data collection, processing and use During and after the operation of your machine, we collect, process and use the following categories of data (together: Performance Data ): (1) - Operational status data, including, but not limited to, machine fuel level and machine speed, - Productivity and performance data, including, but not limited to, machine hours and machine idle time, machine diagnostics, remote servicing and machine component software updates etc. - GPS location and movement data, including, but not limited to, proximity to landmarks and virtual boundaries. The Performance Data are automatically transferred to a data processing centre operated by John Deere in the United States of America via a cellular network. Access to the cellular network is provided by a third-party mobile network operator licensed in Germany. Access to the cellular network is accomplished by a radio module (SIM-Card) built into the hardware-box in your machine. The data centre consolidates and analyzes the Performance Data and creates reports, related to parameters such as fuel consumption, operational status, usage/non-usage, usage efficiency etc. ( Performance Reports ). You can access the Performance Reports on our Internet site at: The provision of internet access is not part of the Service. 3. Purposes of data collection, processing and use Based on your consent provided below, we collect, process and use the Performance Data and the Performance Reports for the purposes of providing you with the Service, (1) Poland: This may include personal data within the meaning of the Data Protection Law (Journal of Laws 2002 no 101, item 926). Slovakia: The provision of your data, Performance Data and Performance Reports occurs on a voluntary basis. Our collection, processing and use of this data will be based on this document and your consents granted herein. Italy: The data may be processed through electronic and also non electronic (paper) means as below specified under logics and procedures defined according to the purposes sought and in compliance with the Privacy Code, including security issues.
4 optimizing our products and services, and providing you with promotional material regarding our products and services. 4. Data transfers to third parties We may transfer your Performance Data and Performance Reports to one or more John Deere dealers and to third-party service providers engaged by us in connection with the Service, including but not limited to mobile network operators (together: Third Parties ). You may request from your dealer a list of Third Parties who have access to your Performance Data and Performance reports. Third Parties will process and use your Performance Data and Performance Reports for the same purposes as we do (see Sec. 3). You may remove access by John Deere dealers to your Performance Data and Performance reports at Parties are contractually bound by us to protecting the confidentiality and the security of your Performance Data and Performance Reports and to adhering to applicable data protection laws. 5. Customer contact and customer s data protection rights (2) If you have any questions or queries regarding the collection, processing and use of your Performance Data and Performance Reports, please contact your local dealer. You may exercise your statutory data protection rights and seek other legal remedies, including inter alia the right to access any data we hold about you, including the Performance Data and Performance Reports, to have them updated, amended, corrected, blocked or removed. (3) You may at any time object to their further processing by revoking your consent. We will maintain physical, technical and organizational measures to protect your data against accidental, unauthorized or unlawful access, copying, use, processing, disclosure, alteration, transfer, loss or destruction. We will retain your Performance Data and Performance Reports for at least one (1) year, or one year after the end of the contract at the longest. (2) (3) Romania: According to the provisions of the Romanian Data Protection Law no. 677/2001 you are hereby informed that you have the following rights in connection to the processing of your data: (i) to be informed about the processing of your data; (ii) to have access to your data; (iii) to be in control over your data; (iv) to object to the processing of your data; (v) to request the erasure of your data; (vi) to not being submitted to an individual decision based on automated processing; (v) to address to the courts of law in case your rights provided by the Romanian Data Protection Law are not observed. Sweden: Once a year and free of charge, you have the right to see all data collected and processed about you. Italy: You are entitled at any time to enforce the rights under Art. 7 of the Privacy Code, including for example to obtain confirmation that data exist or not, verify their content, origin and accuracy, ask for their integration, updating, amendment, deletion, transformation in anonymous form, block for breach of laws, oppose to the processing.
5 We kindly ask you to provide your consent as set out in the following. Your consent is entirely voluntarily. It remains valid for an indefinite period, unless and until revoked. To provide your consent, please check the box at the end of this document, indicating that you agree with the terms provided below that are applicable to the country in which you have purchased the Service. Italy 1. The collection, processing and use of Performance Data and Performance Reports by Deere & Company and my John Deere dealer for the purpose of providing the Service, to create statistical reports in order to optimize its products and services, and for marketing purposes. (Please note that we can only provide the Service to you if you accept this use. At a later date, you may remove access by John Deere dealers to your Performance Data and Performance reports at 2. Communication of aggregated data, including my anonymized Performance Data, by Deere & Company to Third Parties for statistical and marketing purposes. I hereby warrant that I have duly informed, and obtained any necessary consent as required by the Privacy Code from, any data subjects (e.g., employees) to which the Performance Data and/or the Performance Reports relate or are attributable and/or any necessary authorization from the relevant data protection authorities regarding the collection, processing and use of the Performance Data and Performance Reports by John Deere and Third Parties for the above-mentioned purposes.
6 Poland 1. The collection, processing and use of Performance Data and Performance Reports by Deere & Company and my John Deere dealer for the purpose of providing the Service, to create statistical reports in order to optimize its products and services, and for marketing purposes. I was informed that provision of my data is voluntarily and I have a right to access my data and to amend it. (Please note that we can only provide the Service to you if you accept this use. At a later date, you may remove access by John Deere dealers to your Performance Data and Performance reports at 2. Communication of aggregated data, including my anonymized Performance Data, by Deere & Company to Third Parties for statistical and marketing purposes. I hereby warrant that I have obtained any necessary consent from any data subjects (e.g., employees) to which the Performance Data and/or the Performance Reports relate or are attributable regarding the collection, processing and use of the Performance Data and Performance Reports by John Deere and Third Parties for the above-mentioned purposes. If I sign this document on behalf of a legal entity, I hereby confirm that I am duly authorized to provide the above consent on behalf of that company. Czech Republic 1. The collection, processing and use of my Performance Data and Performance Reports by Deere & Company and my John Deere dealer for the purpose of providing the Service, to create statistical reports in order to optimize its products and services, and for marketing purposes. (Please note that we can only provide the Service to you if you accept this use. At a later date, you may remove access by John Deere dealers to your Performance Data and Performance reports at 2. Communication of aggregated data, including my anonymized Performance Data, by Deere & Company to Third Parties for statistical and marketing purposes. I confirm that I have been duly informed about the scope of processed my Performance Data and Performance Reports and purpose of their processing, about my right to access and modify the personal data relating to me. I also confirm that I have been informed of my right to demand an explanation for, and the prompt rectification of, any improper state of affairs, of my right to appeal to the Office for Personal Data Protection, and of other rights specified in Section 11 and 21 of Act No. 101/2000 Coll., on the Protection of Personal Data Act No. 101/2000 Coll., on the Protection of Personal Data.
7 I hereby warrant that I have obtained any necessary consent from any data subjects (e.g., employees) to which the Performance Data and/or the Performance Reports relate or are attributable regarding the collection, processing and use of the Performance Data and Performance Reports by John Deere and Third Parties for the above-mentioned purposes. If I sign this document on behalf of a legal entity, I hereby confirm that I am duly authorized to provide the above consent on behalf of that company. Romania By accepting this consent form, you confirm that you have been duly informed by John Deere about the purpose for which you grant your consent to the processing of data, as set forth below. 1. The collection, processing, use and transfer of your data, Performance Data and Performance Reports by Deere & Company and your John Deere dealer for the purpose of providing the Service, to create statistical reports in order to optimize its products and services, and for marketing purposes. (Please note that we can only provide the Service to you if you accept this use. At a later date, you may remove access by John Deere dealers to your Performance Data and Performance reports at 2. Communication of aggregated data, including my anonymized Performance Data, by Deere & Company to Third Parties for statistical and marketing purposes. I consent to give my express and unequivocal consent for the processing of my data as well as declaring my acceptance of the terms provided herein. Other countries I hereby consent to: 1. The collection, processing and use of my Performance Data and Performance Reports by Deere & Company and my John Deere dealer for the purpose of providing the Service, to create statistical reports in order to optimize its products and services, and for marketing purposes. (Please note that we can only provide the Service to you if you accept this use. At a later date, you may remove access by John Deere dealers to your Performance Data and Performance reports at 2. Communication of aggregated data, including my anonymized Performance Data, by Deere & Company to Third Parties for statistical and marketing purposes. I hereby warrant that I have informed, and obtained any necessary consent from, any data subjects (e.g., employees) to which the Performance Data and/or the Performance Reports
8 relate or are attributable regarding the collection, processing, transfer and use of the Performance Data and Performance Reports by Deere & Company and Third Parties for the above-mentioned purposes. If I accept this document on behalf of a legal entity, I hereby confirm that I am duly authorized to provide the above consent on behalf of that company. Consent Please check all of the boxes that apply, below, to indicate your consent to the terms of this document: The collection, processing and use of your data, Performance Data and Performance Reports by Deere & Company and your John Deere dealer, as described herein (Please note that we can only provide the Service to you if you accept this use. At a later date, you may remove access by John Deere dealers to your Performance Data and Performance reports at Communication of aggregated data, including your anonymized Performance Data, as described herein. Date / Signature
9 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 ). This Contract is effective as of the date you click the Accept button (the Effective Date ). 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 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. 1. PARTIES 1.1 parties. This agreement is concluded between Deere & Company represented by ETIC, Strassburgerallee 5, Kaiserslautern (John Deere) and the customer. 2. SUBJECT and SERVICE. 2.1 Subject and Service. The subject of this agreement is the provision of Telecommunication and web services in conjunction with the German Telecommunication Act (Telekommunikationsgesetz TKG) as provided for machine to machine communication devices using the mobile network. The service may be available in other European countries using roaming services with local provider. Coverage and signal intensity may change from location to location and subject to local provider coverage and signal intensity. John Deere does not warrant any particular coverage or signal intensity. The Systems include a proprietary web-based solution (the Web Service ) resident on one or more servers (each a Server ) and a telecommunication service. 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 a two-way terrestrial or satellite-based (if offered in customer s location), mobile data messaging and position location reporting service (the "JDLink Service") that enables the transfer of data from the System Hardware to the John Deere Servers. The terrestrial or satellitebased service will be provided through a telecommunication provider. The Web Service and the JDLink Service shall be collectively referred to as the Service. Customer may not resell or otherwise transfer the Service, or any portion thereof, to any third party without John Deere s consent. The Agreement do not entitle the customer to use the SIM cards provided by John Deere as a provider of telecommunication service himself nor to offer machine to machine communication services to third parties as this requires the conclusion of a separate agreement between the third party and John Deere. In case of resale of pre-installed or used equipment customer shall inform the purchaser of the obligation to conclude a new telecommunication contract with John Deere Telecommunication service. Subject to technical and operational feasibility John Deere will offer to the customer a machine to machine telecommunication service. To this aim John Deere will provide the customer with a SIM card. The SIM card shall be used exclusively for a machine to machine communication as well for data transmission exclusively in connection with a terminal equipment that may be purchased exclusively at Deere s authorized dealers or pre-installed on John Deere machines. 2.3 Use of Web Service. During the Term, Customer will have access to and use of the Web Service. John Deere will assign to Customer user 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. 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, Customer 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 any 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. 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. Such activation may be accomplished via John Deere s support website: stellarsupport.deere.com. The activation may be performed by the John Deere authorized dealers acting on behalf of the customer. At the time of activation, the JDLink Service and the associated service rates and/or fees shall commence for each activated Terminal and shall continue in effect for the remainder of the subscription period chosen by the Customer for that
10 Terminal. 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. If any terms and conditions are presented to Customer by John Deere at the time of purchase or activation of a JDLink Service subscription period on or after the Effective Date, Customer shall be bound by such terms. 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 number. Customer acknowledges that Customer has no property right in such number, and John Deere may change or reassign such numbers in John Deere s sole discretion. If Customer elects to receive short message service ( SMS ) alerts to Customer s mobile device as part of the JDLink Service, Customer hereby authorizes John Deere to send SMS messages to Customer. Furthermore, Customer acknowledges that Customer has the option for the Term of this Contract to optin or opt-out of receiving SMS messages Unauthorized Use of the Service. Customer shall not use the Service for any Unauthorized Purpose or in such a manner as to interfere with use by other customers of the System. "Unauthorized Purpose" includes: (i) use with intent to avoid payment of charges due under this Contract, (ii) access to, use of, alteration of, or destruction of the System Data files, programs, procedures, or information related to Customer or any other John Deere customer, (iii) use with the intent to reverse engineer or clone the System, (iv) use for any unlawful, illegal or fraudulent purpose, or (v) Bypass. For purposes of this section, Bypass means, for Systems including satellite communication functionality, (i) any mechanisms, including pricing differentials, intended to divert to any destination other John Deere s satellite communication provider s (the Satellite Provider ) U.S. gateway any inbound Satellite Traffic originating from a Public Switched Telephone Network ( PSTN ) and currently routed to the Satellite Provider s U.S. gateway and then forwarded to Satellite Provider subscribers or (ii) any mechanisms intended to bypass Satellite Provider gateways for routing of calls through the various PSTN, PLMN, PTT or IXC providers or (iii) any other mechanisms which the Satellite Provider determines in its sole judgment constitutes network abuse or otherwise have a potentially damaging effect, including abnormal wear and tear, on the Satellite Provider s communications system or cause or could potentially cause abnormal call service performance or call and/or network congestion. For purposes of this section, Satellite Traffic includes any voice or data call that is originated from the Satellite Provider s authorized product or device including attempted calls to a or number which is destined to terminate or be routed through the Satellite Provider s gateway or any carrier, ISC or IXC on behalf of the Satellite Provider. John Deere may, without liability to John Deere, discontinue the Service to prevent use for an Unauthorized Purpose or in response to an order from any court of competent jurisdiction or governmental authority. Customer shall not be credited any charges for Service interruptions resulting from John Deere s actions under this Section. 3. HARDWARE AND SOFTWARE. 3.1 Hardware and Software. To collect and transfer data from Customer s machine, Customer must have at least one activated John Deere-compatible telematics terminal ( Terminal ). Terminals, together with ancillary equipment such as cables, harnesses, and antenna, shall be referred to herein as the System Hardware. The system hardware shall be purchased separately at authorized dealers.premises. Customer s use of the System Hardware is subject to all terms of this Contract and any other terms presented to Customer at the time of purchase of the System Hardware. The System Hardware may include a removable subscriber identity module card ( SIM Card ). The SIM card remains property of Deere. All rights including the granting of rights to use software installed on the SIM cards remains at John Deere. In case of defaults John Deere will be entitled to replace or modify the SIM card. Customer shall only use the SIM Card as part of the System, for the purpose of utilizing the JDLink Service, and as defined by John Deere. Customer shall notify John Deere immediately if any portion of the System Hardware becomes lost, stolen, unserviceable due to damage, or has been misused in any way. Customer shall include as a condition in any sale, rental, lease or other transfer of the System Hardware by Customer to any third party the requirement that such third party abide by all terms of this Contract. 3.2 Software. Telematics software, modem software, and other software and/or firmware are resident on the System Hardware ("System Software"). The System Software contains proprietary code of John Deere or third parties licensed under the terms of this section and may include third party code separately licensed as specified in any documentation (e.g. a CD) accompanying the System Hardware. During the Term of this Contract, John Deere grants to Customer a non-exclusive, revocable license to use the System Software solely (i) in conjunction with use of the System, and (ii) with System Hardware installed and used on Customer's machines or independent contractors' machines who are contracting with Customer. John Deere further grants Customer the right to transfer its license to use the System Software (the System Software do not include the web service and the telecommunication service) during the useful life of the System Hardware in conjunction with the transfer of its ownership. John Deere may condition its agreement to provide the Service to any transferee upon John Deere s approval of transferee s creditworthiness, the payment by transferee of a re-licensing fee and/or the upgrade of System Hardware at transferee's expense. Customer agrees that John Deere may update the System Software on any of Customer s System Hardware during the Term of this Contract as often as is deemed appropriate by John Deere. 4. DATA Machine Data, Web Service Data, and System Data. Any data that is generated by the use of, collected by, or stored in John Deere machinery and equipment, including the System Hardware and any hardware or devices interfacing with John Deere machinery and equipment, shall be considered "Machine Data". A subset of Machine Data is accessible via the Web Service. This subset of Machine Data and any other data added to the Web Service by Customer shall be collectively referred to as the Web Service Data. Machine Data and Web Service Data shall be collectively referred to as System Data Data Access and Usage by John Deere and Dealers. Subject to authorization by the customer John Deere shall provide access to and use of System Data to the Dealer who sold Customer the System. Customer may authorize or remove
11 access to Dealers via the Web Service. Customer agrees that John Deere and authorized Dealers acting on behalf of John Deere, may access and use System Data notwithstanding any other provisions herein. John Deere and authorized Dealers may use System Data for their business purposes, including, but not limited to,: (a) to provide services to Customer, (b) to check, maintain or repair Customer s Equipment, (c) for John Deere s internal research and product development and improvement audits, (d) to help Customer manage a fleet, (e) to identify new usage types of Equipment, (f) to comply with or enforce legal or contractual requirements, excluding the rejection of Customer s warranty claims, (g) to offer Customer products or services, (h) to comply with a request from Customer, or (i) to disclose the System Data to a third party necessary to accomplish (a) through (h). Customer as provided in the authorization form acknowledges that it has been notified of John Deere s data collection practices and agrees that John Deere may use the System Data as described herein. Customer acknowledges and agrees that the System Data may be transferred out of the country where the System Data is generated to other destinations, including but not limited to the United States of America. Customer warrants that it has obtained the necessary consent from its employees to comply with any applicable privacy laws or contractual agreements with such employees. Customer shall not use the System to track the location of any person unless Customer has first obtained any necessary approvals from such person to permit Customer, John Deere and all authorized Dealers to track such location Data Retention Policy. John Deere will store the Web Service Data for a minimum of one (1) year provided such data storage is in compliance with all applicable federal, state, provincial and local laws and regulations, including, but not limited to, applicable international laws. John Deere shall have the right, but not the obligation, to store the Web Service Data indefinitely, or to delete the Web Service Data at any time upon expiration of the above-stated retention periods provided such data storage is in compliance with all applicable federal, state, and local laws and regulations, including, but not limited to, applicable international laws. Customer acknowledges and agrees that messaging and position Web Service Data deleted from the Server(s) cannot be retrieved or re-created. In addition, the wireless network provider for the JDLink Service may generate call data records ( CDRs ) for billing and invoicing purposes, and the wireless network provider may retain the CDRs for longer than a ninety (90) day period. The last position of each Terminal will be stored on the Terminal. If Customer transfers ownership of a Terminal to another party, Customer will no longer have access to the Web Service Data affiliated with the Terminal. 5. INVOICING AND PAYMENT Payment. Customer agrees to pay all applicable JDLink Service fees and Web Service fees in form of a pre-paid flat fee. Such fees will be paid via the payment method selected by Customer and communicated to John Deere. If Customer fails to make any portion of such payment, a late charge of the lesser of 1.5% per month or the maximum amount permitted by law may be charged to Customer. All reasonable costs and expenses, including but not limited to attorneys' fees, court costs and service charges incurred by John Deere in collecting payment will be an expense of and charge to Customer. John Deere may change payment terms at any time. If Customer becomes delinquent in the payment of any sum due, John Deere shall not be obligated to continue performance under this Contract. All prices and rates affiliated with the Service or System Hardware include sales, use, excise or similar taxes assessed at any time. 6. TERM AND TERMINATION Term. The term of this Contract (the Term ) shall commence upon the Effective Date and shall continue in effect until the expiration of Customer s license term to the Web Service, unless earlier terminated in accordance with the terms of this Section 5. The term of Customer s license to the Web Service shall expire upon the later of i) the one year anniversary of the expiration of the last expiring JDLink Service Terminal subscription of a Terminal in Customer s account or ii) the expiration of the term of Customer s account license to the Web Service, if such a license is offered by John Deere. The term of a JDLink Service Terminal subscription for a Terminal in Customer s account shall be in accordance with the terms presented to Customer when Customer purchased the JDLink Service Terminal subscription from John Deere Termination. The occurrence of a good cause shall constitute a material default and breach of this Contract and shall allow the non-defaulting party to terminate this Contract and/or the applicable JDLink Service Terminal subscription without any notice. A good cause will arise if the customer substantially infringes the obligation specified in this contract. Any further claim for damages shall be based on legal provisions. 7. OTHER TERMS Confidentiality of Contract and Information. The terms of this Contract, including its pricing, are confidential information of John Deere. Any business, operations, or technical information furnished by John Deere which is marked with a confidential or proprietary data legend shall be deemed to be the confidential information of John Deere ( Information ). During the Term and for a period of three (3) years thereafter, Customer shall (a) hold all Information received from John Deere in confidence, (b) use such Information only for the purpose of performance under this Contract, (c) reproduce such Information only to the extent necessary for such purpose, (d) restrict disclosure of such Information to its employees and consultants with a need to know in the course of fulfilling their scope of work, and (e) not disclose such Information to any third party, without prior written approval of John Deere. The restrictions on Customer's use and disclosure of Information shall not apply to any Information which Customer can demonstrate: (i) is wholly and independently developed by Customer without the use of Information of John Deere; (ii) is or has become generally available to the public without breach of this Contract by Customer; (iii) at the time of disclosure, was known to Customer to be free of restriction; (iv) is approved for release by written authorization of John Deere, or (v) is disclosed in response to a valid order of a court or other governmental body in the country in which Customer is located, but only to the extent of and for the purposes of such order; provided, however, that Customer shall first notify John Deere in writing of the order and permit John Deere to seek an appropriate protective order, unless such notification is otherwise prohibited by law. Upon the termination or earlier cancellation of this Contract, Customer shall promptly return to John Deere or destroy (and certify such destruction) all confidential or proprietary information received. If the parties have executed a separate confidentiality