Last Updated: October 5, 2018

This End User License Agreement (this “Agreement”) is a legal agreement between (i) you (either an individual or a single legal entity), and (ii) Climate LLC and its Affiliates (“we”, “us” or “Climate”).  By downloading, installing, activating or otherwise using the Climate Products, you represent and warrant (a) that you are at least 18 years of age or the age of majority where you reside, (b) that you are acting for business purposes, and (c) that you have the power and authority to enter into this Agreement, and you agree to be bound by these terms and conditions, including Climate’s Privacy Policy (found at https://climate.com/legal/south-africa/sa-privacy-policy).  If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you can bind such entity, in which case “you” or “your” shall refer to such entity.  Unless otherwise defined in this Agreement, all capitalised terms are defined in the “Definitions” section on the last page of this Agreement.

The Climate Products provide information, estimates, prescriptions or other recommendations based on models and third party sources, as well as Data provided by you or your equipment.  Our services, models, data and recommendations may change over time. Individual results may vary, as weather, growing conditions and farming practices differ across growers, locations and years.  We do not guarantee any results, and none of the Climate Products or Generated Data should be used as a substitute for sound farming practices, including diligent field monitoring, or as a sole means for making farming, risk management or financial decisions.  We recommend that you consult your agronomist, commodities broker and other service professionals before making financial, risk management and farming decisions.

Scope of this Agreement

This Agreement sets out how you can and cannot use the Climate Products provided or licensed to you by us, and what we will and will not do in connection with your use, as well as other important legal restrictions and obligations.  While some Climate Products may be provided or licensed to you for free, you or your Sales Representative will need to submit an order for certain fee-based Climate Products. Your order will become effective only if we accept the order.

Your Use of the Climate Products

What you can do:

• As long as you comply with the terms of this Agreement, you and the individuals who work for you can use the Climate Products for your internal use only in connection with your farming operations. 

• The Climate Products are licensed, not sold, to you.

• If you have placed an order for a fee-based Climate Product, you can use that Climate Product only until your subscription for that Climate Product ends. 

• Please see the Section below entitled “Subscription Renewal, Subscription Fees and Payment” for more information on fees, payment, and automatic renewal of your subscriptions.

• We encourage you to let us know how we are doing or how you feel about the Climate Products.

What you agree to do:

• provide accurate, reliable and appropriate Data
• ensure that those individuals working for you comply with this Agreement
• keep your account and payment information up to date
• manage all passwords for your authorised users and immediately notify us if you believe that your account is no longer secure

What you cannot do:

• assign, transfer or sublicense this Agreement or the rights granted by us in this Agreement
• sell, lease, lend, license, distribute, re-distribute, copy, publicly perform or display, transmit or publish any Climate Products or Generated Data
• modify, edit, adapt, alter, translate, adopt, transfer, enhance, disassemble, scrape (through spidering, crawling or the like), reverse engineer or decompile the Climate Products or any code, script, or software forming any part of the Climate Products
• use the Climate Products on land or equipment that you do not own or have a right to use or operate
• use the Climate Products or Generated Data on behalf of any third party, including in any “service bureau” or similar capacity
• use the Climate Products or Generated Data other than as permitted under this Agreement, including but not limited to using them to:

• develop, evaluate, validate or enhance any competitive product or service
• create derivative works
• make competitive comparisons
• harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of anyone or to publish material that is false, defamatory, harassing or obscene

• remove or modify any markings or notices of our or our licensors’ proprietary rights
• violate or circumvent, or attempt to do so, any Climate Product security feature, including attempting to access or use any portion of the Climate Products for which you have not paid all due and applicable amounts
• use or otherwise import, export or re-export the Climate Products or Generated Data in any way that violates any applicable laws or security programs

• In particular, but without limitation, Climate Products may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Climate Product, you represent and warrant that you are not located in any such country or on any such list and that you are not partnering with any person that is in any such country or on any such list.

If you do any of the above, we may suspend or terminate your access to the Climate Products and we will not be responsible in any way for your actions.

Climate’s Rights and Obligations

What we may do:

• We will make the Climate Products available for ordering, subscription, or licensing through our own sales staff or through authorised third party dealers or representatives.
• We may provide updates, upgrades, releases and fixes to the Climate Products.

• You must install or use the most recent version of the Climate Products and abide by any additional requirements. 
• We will try to notify you of any changes we make to the Climate Products, though this may not always be possible. 
• We will not be responsible in any way for use of an outdated version of a Climate Product. 
• An update may result in a change, or discontinuation, of features of the Climate Products.

• We may use your feedback for any purpose without restriction.
• If you contact us, we may confirm your identity to ensure you are who you say you are and to better protect your privacy.

Your information and Data:

• By uploading, inputting, transmitting, storing or otherwise making Data available to the Climate Products, you agree that we may use, display, perform, reproduce, modify and distribute such Data in connection with the Climate Products, and without any compensation paid to you.

• We will collect, use and share your information in accordance with our Privacy Policy (found at https://climate.com/legal/south-africa/sa-privacy-policy) (as may be amended from time to time), which is incorporated by reference into, and made a part of, this Agreement. 
• We encourage you to read our Privacy Policy at https://climate.com/legal/south-africa/sa-privacy-policy.  We can also mail you a copy if you wish.

• If you proactively choose to, you can give your Sales Representative and other third parties access to certain Data and Generated Data in your account.

• You can provide or revoke such access at any time in your account settings, by calling Climate Customer Support at [phone number], or by sending an e-mail to support@climate.com or a written Notice to us as set forth in the section entitled “Notice and Electronic Communications” below.

• If any of your Data is generated or transmitted by or through any third party equipment, hardware or software products and you submit a product support request to us that relates to such third party equipment, hardware or software product, then we may share your Data with the provider of such equipment, hardware or software product solely as necessary to resolve that product support request, provided that such provider agrees not to use or disclose your Data other than to resolve that product support request.

• If you do not want us to share your Data with the provider of any of your third party equipment, hardware or software products, please call Climate Customer Support at [phone number] or send an e-mail to support@climate.com or a written Notice to us as set forth in the section entitled “Notice and Electronic Communications” below.  Please note that not allowing us to share your Data with the provider may make it more difficult for that Climate or that provider to troubleshoot and resolve your issue effectively.

Take-down notifications:

• We comply with the provisions of applicable legislation pertaining to unlawful activities conducted on the Climate Products, including the Electronic Communications and Transactions Act and the U.S. Digital Millennium Copyright Act.

Ownership

• As between Climate and you, we are the sole owner of the Climate Products and Generated Data, and all associated technology and intellectual property rights, and we reserve all rights in and to the Climate Products and Generated Data. We do not grant you any rights or licenses under any of our technology or intellectual property rights, except as expressly granted in this Agreement.

Subscription Renewal, Subscription Fees and Payment

Subscription renewal and cancellation:

• Unless otherwise provided in the applicable order, your use and/or access to Climate Products is licensed as a subscription.
• Each fee-based Climate Product subscription (regardless of purchase date) will be valid for the subscription term set forth in the applicable order, unless terminated earlier in accordance with this Agreement, and will not be auto-renewed. You will need to renew your subscription each year.
• We will notify you by email between 40 and 80 business days before the expiration of your subscription of:

• the date on which your subscription will end (the "Expiry Date"); and
• instructions on how to renew your subscription, if you wish to do so.  If you do not expressly cancel or renew this Agreement, this Agreement will automatically terminate on the Expiry Date. 

• If you do not renew your subscription, you will cease to have access to the Climate Products upon the Expiry Date.

Subscription fees:

• Prices for fee-based Climate Product subscriptions may change in the future.  Unless otherwise provided in the applicable order and if you choose to renew your subscription, the subscription fees for any renewed subscription will be the applicable list price for such Climate Product in effect when your subscription renews.

• Except as expressly provided in the applicable order, renewal, if any, of promotional or one-time priced subscriptions will be at our applicable list price in effect at the time of the applicable renewal.
• Notwithstanding anything to the contrary, any renewal in which the subscribed services or acres has changed from the prior subscription term may result in re-pricing at the time of renewal without regard to the prior subscription term’s pricing.
• If the price for your fee-based Climate Product subscription changes for any renewal term, you may choose not to renew your subscription.  If Climate changes the price of a Climate Product, and the change becomes effective prior to the Expiry Date, Climate will notify you of the change in price and you may terminate your subscription in relation to that Climate Product, without penalty, within 30 days of receiving notice of the change in price by contacting Climate Customer Support at [phone number] during regular business hours (7 a.m. to 6 p.m. Central time).

Payment:

• You agree to pay: (i) when due, all amounts set forth in the applicable order for any fee-based Climate Product and, (ii) at the time of renewal, the applicable subscription fees for any renewed Climate Product subscription.

• Subscription fees and prices for Climate Products listed in an order and for any renewed Climate Product subscriptions are exclusive of taxes, and you will be responsible for all applicable taxes, except for taxes based on Climate’s income.  If we have the legal obligation to pay or collect any taxes for which you are responsible, you will be required to pay us that amount unless you provide us with a valid tax exemption certification authorised by the appropriate taxing authority.
• Unless otherwise specified, overdue amounts will accrue interest at the lesser of 1.5% per month or the highest rate allowed by law.

• If you have provided us with your payment information (including credit-card, debit-card or bank-account information), you authorise us to charge your payment method for the fees due for your use of the Climate Products.

• We may provide your payment information and related personal data to third parties for payment processing and fraud prevention purposes.
• You will provide us with valid and up to date payment information.
• We may seek pre-authorization of your credit-card or debit-card account to verify that the card is valid and has the necessary funds or credit available to cover your payment.
• If a payment is not successfully settled for any reason, you remain responsible for any uncollected amounts.
• You may edit your payment information at any time in your account settings, by calling Climate Customer Support at [phone number], or by sending an e-mail to support@climate.com or a written Notice to us as set forth in the section entitled “Notice and Electronic Communications” below.

• You may withhold payment for fees that you reasonably and in good faith dispute as owing, but you must pay any undisputed fees.

• You must notify us in writing of any such disputed fees within 15 days of the invoice date and provide us with written details about why you dispute the invoice.
• After we receive notice of the dispute, we will work with you in good faith to resolve the dispute.
• If your subscription fee payment is overdue, we may suspend your account access until such amounts are paid in full.

Other important legal information

Limitations on liability and damages for use of Climate Products:

• Use of the Climate Products and Generated Data is at your sole risk. 
• We do not promise that your use of the Climate Products will be uninterrupted or that the Climate Products or Generated Data will meet your requirements, be accurate or be error-free.
• The Climate Products and any services performed or Generated Data provided by or through the Climate Products are provided "as is" and "as available", with all faults and without warranty of any kind, either express, implied or statutory, such as the warranties of yield response, merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment or non-infringement of third party rights, all of which are expressly disclaimed.

• No oral or written information or advice given by us or our authorised third party representatives will create a warranty.
• The disclaimers and exclusions in this Agreement will apply notwithstanding any failure of essential purpose of any limited remedy.
• Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

• Climate and our Affiliates and parent company, and each of our respective employees, officers, directors, shareholders, agents, successors, licensors or subcontractors, will not be liable for any loss or damage, including, without limitation, damages for loss of profits, loss of crops or yield, loss of data, business interruption or any other damages or losses, incurred as a result of your use or inability to use the Climate Products or a decision made or any action taken by you in reliance on the Climate Products, Generated Data or any results obtained from their use.
• Certain features of the Climate Products may permit you to upload or otherwise make Data available to the Climate Products.  You are solely responsible for your Data and the consequences of uploading or otherwise making Data available to the Climate Products.
• We have no responsibility, and will incur no liability whatsoever, arising from or related to Data not owned by you or any disclosure or use of your Data or Generated Data by a third party that you have granted access to your Climate Product or information.
• We are not responsible for any delays, limitations, delivery failures, losses or damages resulting from the transfer and transmission of data over communications facilities, including the internet.
• Neither you nor Climate will be liable for any indirect, incidental, punitive, special or consequential damages under this Agreement, arising out of or related to any Climate Product or Generated Data or for any claim by any third party.
• Our maximum liability arising out of or in the connection with this Agreement or any Climate Product or Generated Data will be the actual amounts you paid to us for such Climate Product during the 12 months prior to the date on which the relevant claim arises.
• Unless otherwise prohibited by applicable law, if an action or lawsuit arising out of or related to this Agreement or a Climate Product or Generated Data is not commenced within one (1) year after the cause of action accrues, such cause of action is permanently barred.

Indemnity:

• You agree to defend, hold harmless and indemnify Climate and our Affiliates and parent company, and each of our respective employees, officers, directors, shareholders, agents, successors, licensors and subcontractors, from and against any claim, liability, damage, loss, or expense, including reasonable attorneys’ fees, arising out of or connected with:

• Your access to, or use of, the Climate Products or Generated Data
• Your violation of any portion of this Agreement or any applicable law or regulation
• Your violation of any third party right, including any intellectual property right
• Any dispute or issue between you and any third party

• We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Third party services:

• You are solely responsible for all requirements for access to or use of the Climate Products through your mobile device, internet or telecommunications provider, or the terms related to the use of any required additional software.
• The Climate Products may contain certain third party software provided under separate licenses, as described at https://climate.com/legal/open-source, or enable access to third party websites, services, content or materials. 

• The terms and conditions of the applicable license control use of any third party software, websites, services, content or materials.
• You bear all risk, and will be solely responsible for obtaining any necessary rights and licenses, for any use of or access to any third party software, websites, services, content or materials.

Effective date and termination:

This Agreement will become effective when you first indicate your acceptance of this Agreement or on the effective date set out on your applicable order, whichever is earlier.

• You may terminate this Agreement (close your account) or cancel an order for a fee-based Climate Product at any time with notice to us.

• If you cancel an order for a fee-based Climate Product within 30 days from the applicable order date, we will refund amounts already paid by you with respect to that order.
• If you cancel an order for a fee-based Climate Product more than 30 days from the applicable order date, then we will provide you with a pro-rated refund of amounts already paid by you (less a reasonable cancellation penalty and any amounts that you may owe to us).
• Any such cancelation will automatically terminate this Agreement with respect to the Climate Product associated with that order, subject to any survival provisions in this Agreement. 

• Either you or Climate may terminate this Agreement if the other party materially breaches this Agreement and fails to remedy the breach within 30 days of notice of such breach.

• If you terminate this Agreement because of a breach by Climate, we will refund amounts already paid by you for any active subscriptions or orders at the time of termination.  If Climate terminates this Agreement because of a breach by you, then Climate will be entitled to immediately charge you for any unpaid subscription fees for any active subscriptions or orders at the time of termination and/or claim damages.

• We may terminate this Agreement with respect to any Climate Product if: (i) we no longer offer the Climate Product; (ii) you do not pay your applicable amounts on time; (iii) your continued use of the Climate Product violates this Agreement or any applicable law or regulation; or (iv) we believe that your account has been accessed without your authorization.

• If we or you terminate this Agreement or cancel an order with respect to any Climate Product, then your right to use or access such Climate Product will be terminated immediately, and you must immediately stop using such Climate Product (if software), or you will no longer be able to access or use such Climate Product (if a service), as applicable

Order of precedence; Entire agreement:

• The terms of an order for a Climate Product will control over conflicting terms in this Agreement, but only with respect to the Climate Products in such order.  You and Climate may also enter into a separate signed contract governing your use of a Climate Product.  In that case, the order of precedence, with respect to that Climate Product only, will be: (1) the signed contract, (2) the applicable order and (3) this Agreement.
• This Agreement, together with the Privacy Policy (found at https://climate.com/legal/south-africa/sa-privacy-policy), all of your orders for any Climate Products, any separately signed contract governing your use of a Climate Product, and all other related documents and schedules, constitutes the entire agreement between you and Climate pertaining to your use of the Climate Products and supersedes all other agreements previously existing between you and Climate regarding your use of the Climate Products.

Other terms:

• The parties will perform under this Agreement as independent contractors. This Agreement does not create a joint venture, partnership, or formal business organization of any kind. This Agreement is binding upon, inures to the benefit of, and is enforceable by the parties and their respective heirs, executors, successors and assigns.  The unenforceability of any provision will not affect any other provision in this Agreement, and any unenforceable provisions will be limited or eliminated to the minimum extent necessary.  Failure to insist upon the performance of, or to exercise any rights under, this Agreement will not be construed as a waiver of any future performance or the future exercise of any such right. All rights and remedies under this Agreement are cumulative and in addition to any other rights and remedies available at law.  Those provision(s) whose context indicates that it is intended to survive will survive termination or expiration of this Agreement. 

Governing Law

Governing law:

• This Agreement and all conduct, disputes and causes of action related to this Agreement will be governed by the laws of the Republic of South Africa, without reference to conflict of law principles.

• The Uniform Computer Information Transactions Act and UN Convention on Contracts for the International Sale of Goods are explicitly disclaimed.

• If any part of this Agreement or your use of the Climate Products and/or the Generated Data are regulated by or subject to the Electronic Communications and Transaction Act, No. 25 of 2002 ("ECTA"), the Consumer Protection Act, No 68 of 2008 ("CPA"), the Protection of Personal Information Act, No. 4 of 2013 ("POPI") or other applicable laws, it is not intended that any part of this Agreement contravenes any provision of the ECTA, CPA, POPI or such other laws. Therefore all provisions of this Agreement must be treated as being qualified, to the extent necessary, to ensure that the provisions of the ECTA, CPA POPI and such other laws are complied with.
• No provision of this Agreement (or any contract governed by this Agreement):

• does or purports to limit or exempt Climate or any other person or entity from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
• requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability; or
• limits or excludes any warranties or obligations which are implied into this Agreement (or any contract governed by this Agreement) by ECTA, CPA or POPI (to the extent they are applicable), or other applicable laws, or which Climate gives under ECTA, CPA or POPI (to the extent they are applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.

Force Majeure

• Except for payment obligations, neither you nor Climate will be in breach of this Agreement or responsible for damages caused by delay or failure to perform any of its obligations under this Agreement due to circumstances beyond the control of the claiming party.

Updates to this Agreement

• We may change this Agreement at any time, and we will try to let you know as soon as possible when we have made any changes, such as by sending an e-mail to you, by posting a notification on the Climate Products, or other similar mechanism. You can view the most current version of this Agreement at: https://climate.com/legal/south-africa/sa-eula.  The “Last Updated” legend at the top of this page indicates when this Agreement was last revised. Any changes to this Agreement will become effective upon the earlier of: (a) your first use of the Climate Products with actual notice of such changes, or (b) 30 days after we post or distribute the revised Agreement, and such changes will apply to your use of the Climate Products after the effective date of the revised Agreement. If you do not wish to accept the new Agreement, you must stop using the Climate Products.

Additional Requirements for Apple App

• If you are using the Climate Products through mobile application software on an Apple Inc. (“Apple”) device, including any iPhone, iPod touch or iPad devices (“Apple App”), you further acknowledge and agree to the following: (i) this Agreement is between you and Climate only, not with Apple, and Apple is not responsible for the Apple App or Climate Products; (ii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App; (iii) you may use the Apple App on any Apple device you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service; (iv) in the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the Apple App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Apple App; (v) Climate (and not Apple) is responsible for addressing any claims by you or any third party relating to the Apple App or your possession and/or use of the Apple App, including: (1) product liability claims; (2) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation; (vi) in the event of a third party claim that the Apple App and/or your possession and use of the Apple App infringes that third party’s intellectual property rights, Climate (and not Apple) is responsible for the investigation, defense, settlement and discharge of any such claim to the extent any such obligation exists; (vi) Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement solely with respect to this paragraph; (vii) you represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Notice and Electronic Communications

• Any applicable notice, disclosure, authorization, acknowledgement or other document required to be given or made available (“Notice”) will be in writing and delivered by mail or e-mail (where permitted). The receiving party will be deemed to have received such Notice upon delivery or transmission or, in the case of mail, 48 hours after mailing. 
• Notice to us must be sent to:

Climate LLC
Attn: Legal Department
201 3^rd Street, Suite 1100
San Francisco, CA 94103
USA
E-mail: legal@climate.com

• By installing, downloading, activating or using a Climate Product, you expressly consent and agree that we may send you all Notices electronically to your primary e-mail address provided in your account.
• Any Notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
• At any time, you may: (1) request a paper copy of any Notice provided or made available electronically to you by us, free of charge, and/or (2) withdraw your consent to receive future Notices electronically.  Please call Climate Customer Support at [phone number] or send an e-mail to support@climate.com or a written Notice to us at the address above with such request(s) and provide your mailing address for the Notices.
• It is your responsibility to keep your primary e-mail address up to date so that we can communicate with you electronically. 

• If we send a Notice to your primary e-mail address on file and your primary e-mail address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, we will be deemed to have provided the Notice to you.
• You may need to add us to your contacts or e-mail address book so that you will be able to receive the Notices we send to you. 
• If electronic Notices sent to you by us are returned because of an invalid e-mail address, we may deem your account to be inactive, and you will not be able to transact any activity using your account until we receive a valid, working e-mail address from you.

• If you want to change your e-mail address where we should send electronic Notices, you can:

• send an e-mail message to us at support@climate.com, and in the body of such request, state your previous e-mail address and your new e-mail address; or
• update your primary e-mail address at any time in your account.

Electronic Contracting

• Your installation, downloading, activation or use of the Climate Products and internet sites for ordering such Climate Products includes the capacity and ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO YOUR CLIMATE PRODUCTS, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS, SUBJECT TO YOUR RIGHT TO WITHDRAW CONSENT TO RECEIVE NOTICES ELECTRONICALLY AS PROVIDED IN THIS AGREEMENT. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Definitions

• “Affiliate” means any subsidiary or other entity that directly or indirectly is controlled by, or is under common control of, an entity.
• “Climate Products” means the following items provided by us to you, regardless of naming or branding, either alone or in combination with each other or with hardware: (i) farm management, agriculture decision support and precision agriculture software, in any form, or software as a service and similar products; (ii) farm management, agriculture decision support and precision agriculture services, including, for example, field imaging; (iii) the websites, applications and technology platforms that deliver, or allow you to access, these software or software as a service products or services; or (iv) all related documentation, updates, upgrades, releases and fixes.
• “Data” means the location, field map or boundary, weather, climate, agronomic, crop loss, crop yield, environmental, farming practice, account information and other information and data that is uploaded, inputted, transmitted, imported or stored to or in your Climate Products, directly by you or your Sales Representative or through your equipment.
• “Generated Data” means data, features, functionality, tools, analyses, results, estimates, recommendations and other information generated, published, displayed, transmitted or made available in or by the Climate Products other than Data, whether or not related to Data.
• “Sales Representative” means your dealer that sold your Climate Product subscription(s) to you.