(Pro-Cut Adapters)
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THIS PRO-CUT APP (AS DEFINED BELOW) OR A PERSON AUTHORIZED BY THE PERSON OR ENTITY WHO ACQUIRED THE PRO-CUT 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 PRO-CUT APP INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD NOT USE THE PRO-CUT APP AND CONTACT SNAP-ON IMMEDIATELY.
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 PRO-CUT mobile application products ("PRO-CUT App") a non-exclusive, non-transferable (except as permitted below), personal license to use the PRO-CUT App ("License"). The PRO-CUT 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 PRO-CUT App, and it is being licensed to you and not sold. All rights, not expressly granted to you, are reserved by Snap-on.
Each time you use this PRO-CUT 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 "adequate" level of data protection within the meaning of the laws in your country.
YOU MAY:
YOU MAY NOT:
You will not remove any proprietary notices from the PRO-CUT App and will include such notices on any authorized copies of the PRO-CUT App.
The License is effective until terminated. You may terminate it at any time by destroying the PRO-CUT 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 PRO-CUT App and upon Snap-on's request to certify in writing that you have so destroyed the PRO-CUT App.
Snap-on warrants, for a period of ninety (90) days from the date of delivery to you, that the PRO-CUT 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.
EXCEPT AS SET FORTH IN THE ABOVE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRO-CUT 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 PRO-CUT 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 PRO-CUT 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. SNAP-ON DOES NOT WARRANT THE OPERATION OF THE PRO-CUT APP TO BE UNINTERRUPTED OR ERROR-FREE, NOR DOES SNAP-ON MAKE ANY WARRANTY OR REPRESENTATION REGARDING THE USE OR OUTPUT OF THE PRO-CUT APP IN TERMS OF CORRECTNESS, ACCURACY, COMPLETENESS, TIMELINESS, SEQUENCE, RELIABILITY OR OTHERWISE OR THAT THE PRO-CUT 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.
If, during the ninety (90) day warranty period, the PRO-CUT 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 PRO-CUT App; or (ii) repair or replace at no charge, the PRO-CUT 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 PRO-CUT App has resulted from accident, abuse, misuse or misapplication, Snap-on shall have no responsibility whatsoever. Any replacement PRO-CUT App will be warranted for the remainder of the original warranty period of ninety (90) days.
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 PRO-CUT 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 COMMERCIALLY REASONABLE CARE OR FOR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE SUCH PRO-CUT 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 PRO-CUT 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.
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.
This Agreement is made subject to any restrictions concerning the export of the PRO-CUT App from the United States of America or 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 PRO-CUT App nor any other technical data received from Snap-on, nor any part thereof, in violation of such laws.
The PRO-CUT 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 PRO-CUT App (if) used in this PRO-CUT can be found at: http://www.snaponequipment.com/osl
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 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.
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 amended 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.
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.
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 date and time of access in order to optimize your user experience and enhance your time spent with us online. Our application uses cookies to distinguish you from other users. This helps us to provide you with a good experience and also allows us to improve our site and services.
Data we collect from other sources, as applicable:
We may also receive information about you from other websites we operate or the other services we provide. We may also receive information about you from our franchisees or agents. We also work with third parties including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, lead generators, data aggregators, social media platforms, and credit reference agencies.
We may use personal data held about you in the following ways:
Application Experience: for the technical administration of the application; for internal operations; for customer administration; for product surveys; for troubleshooting; for data analysis, data analytics, testing, and research and development purposes; to ensure that content from our site is presented in the most effective manner for you and for your computer; and as part of our efforts to keep our site safe and secure;
Business Uses: to fulfil a transaction request or to carry out our obligations arising from any contracts you enter into with us or to send more information about becoming a franchisee or dealer; to send renewal notices; to establish and manage accounts; and to analyze and develop new products, services and website;
Providing Support: to provide customer support, manage subscriptions, and respond to requests, questions, and comments; to notify you about changes to our service; and to measure how effectively we address your concerns;
Monitoring & Recording: to handle any calls, chats or other interactions with us, including by the customer services team. 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.
Mobile Applications: to make available mobile applications, to implement social media platforms on some of our websites, to register on these platforms. Please refer also to any supplemental privacy policy that may be available with respect to these third-party social media platforms.
Protecting our Rights and Property: to protect our rights or property or that of our business partners, franchisees, dealers, suppliers, customers or others when we have reasonable grounds to believe that such rights or property have been or could be affected; to recover debts; to prevent, detect, identify, investigate, respond, and protect against potential or actual claims, liabilities and prohibited behavior or activities.
Information for our Business Partners, Dealers and Franchisees: to administer and develop our business relationship with you, the business partner, dealer or franchisee you represent, including sharing information with our group, to enter into or perform a transaction with you, to contact you as part of satisfaction surveys or for market research purposes;
Marketing: to communicate about, and administer participation in, special events, programs, surveys, contests, sweepstakes, and other offers and promotions; to provide you with information about other goods and services we offer, or offered by others, that are similar to those that you have already purchased or enquired about and to send informational or promotional email messages to you, which you may opt out of receiving as described below; and
Surveys: to request and receive from you information regarding your experience with our products and services. We may use the information to design offers customized to your interests.
We gather and use your personal data for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract.
Snap-on Equipment is a global organization with affiliates, subsidiaries, business processes, management structures and technical systems that cross borders. As such, we will share the personal data we collect other companies within the Snap-on Equipment group and transfer it to countries in the world where we do business in connection with the uses identified above and in accordance with this Privacy Policy. Subject to their compliance with applicable legislation and/or this Privacy Policy, we will also disclose your personal data to selected non-affiliated third parties, including those that perform transaction processing or servicing functions, credit reference agencies, debt collection agencies, and/or other companies that provide services on our behalf, professional service providers (including translators, legal advisers and accountants), adverse parties who have a legal right to receive such information and their counsel and experts, law enforcement authorities, and other government authorities.
We will disclose such data for the following purposes:
Circumstances may arise where, whether for strategic or other business reasons, we decide to sell, buy, merge or otherwise reorganize our business. Such a transaction may involve the disclosure of personal data to prospective or actual purchasers, or the receipt of such data from sellers. It is our practice to seek appropriate protection for data in these types of transactions.
We will endeavor not to keep your personal data in a form that allows you to be identified for any longer than is reasonably necessary for achieving the permitted purposes. This means that data will be destroyed or erased from our systems or anonymized when it has reached the applicable retention period.
Personal data may be transferred outside of the European Economic Area ("EEA") to members of our group and other third parties as set out above, provided that certain conditions as set out in the applicable legislation are complied with. Your personal data will also be processed by staff operating outside the EEA who work for us. This includes staff engaged in, among other things, the fulfilment of your order and the provision of support services.
We are party to a data transfer agreement with the members of our group and we will (i) keep that document up to date with current law, and (ii) only engage in personal data transfers from the EEA to outside the EEA in accordance with such an agreement or an alternative means of transfer in compliance with data protection legislation. For more information on the safeguards in place, please contact the [email protected].
We endeavor to protect the security of your personal data. We will seek to maintain administrative, technical and physical safeguards to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of your personal data.
Unfortunately, the transmission of information via the internet is not completely secure. Although we endeavor to protect your personal data, we cannot guarantee the security of your personal data transmitted to us or stored on our systems; any transmission is at your own risk. Once we have received your personal data, we will use procedures and security features to try to prevent unauthorized access. These procedures include physical, electronic, and managerial procedures.
Depending on the circumstances, you may have the right to:
If you wish to make a formal request for information we hold about you, you can contact us, at:
Snap-on Equipment Inc.
Customer Service
309 Exchange Avenue
Conway, Arkansas 72032
Tele: (800) 362-8326
You have the right to ask us not to send you marketing communications. We will usually inform you (before collecting the personal data) if we intend to use your personal data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect personal data. You can also exercise the right to prevent such processing at any time by:
If you consider that the applicable data protection legislation or this policy has not been followed, then you should raise the matter with the Data Protection Manager at [email protected]. Any breach will be taken seriously.
We reserve the right to modify this Privacy Policy at any time and without prior notice. We will post any changes on our website so please check regularly for the most recent version of our Privacy Policy. This version was posted on May 28, 2020.