Continental End User Licence Conditions (as at: 01/2023)

1. Scope and subject matter

1.1 These End User Licence Terms ("EULA") apply to the use of the App ContiConnect Installer App ("App") by Continental Automotive GmbH, Vahrenwalder Straße 9, 30165 Hannover, Germany (hereinafter referred to as "Continental") and you as the user of the Contract Software ("Licensee").

1.2 Purpose of the App is to support the user with Activation, Configuration and Verification of telematic devices of the ContiConnect Live solution. This includes especially In-Cabin Unit, Enabler Unit, Trailer Unit.

1.3 Continental makes the App available to Licensee for download from the Google Play Store and the Apple App Store ("App Store"). The Licensee may use the App exclusively in connection with a contract between Continental and a ContiConnect service customer (“Service Contract”).

1.4 The EULA does not affect the Service Contract.

2. Subject of the EULA, conditions of use

2.1 The sole subject matter of the EULA is the use of the App by the Licensee as an authorised user of a Service Customer. The authorized user must be a natural person (authorised by the Service Customer, e.g. an employee of the Service Customer) who is granted the possibility of use by the Service Customer and uses the App for the purposes of the Service Customer in accordance with the Service Customer’s instructions.

The provision of the Service made available by the App is not subject matter of the EULA. This Service is provided by Continental directly to the Service Customer exclusively under the terms of the Service Contract. The use of the Service by the Licensee is enabled indirectly via the Service Customer and subject solely to the terms of the Service Contract.

2.2 Since the App is provided as part of the Service Contract the use is free of charge for the Licensee.

2.3 To use all features of the App an internet connection is required. The technical system requirements for the App can be found in the information in the App Store or the respective documentation.

2.4 Continental provides the App solely in executable, compiled form via download from the App Store.

2.5 The subsequent activation of the Service for use via the App is done by logging in with a user account which was created under the Service Contract, or by entering an activation code provided by the Service Customer to the Licensee.

3. Updates

3.1 Continental is constantly working to improve its products. Continental is therefore permitted to adapt the App and the scope of services of the App at its reasonable discretion and to the extent reasonable for Licensee, in particular for the following reasons:

• for technical reasons, e.g., to rectify faults or malfunctions,

• to ensure the security of the operation of the App,

• for functional extensions, or

• if modifications are required for optimisation.

The changes are reasonable in particular if the existing scope of Services is not restricted or existing functions are replaced by equivalent other functions.

3.2 The Licensee is responsible for installing updates. If the App is not kept up to date, it is possible that it will no longer function properly.

4. Rights of use

4.1 All right in and to the App, including all intellectual property rights therein and all modifications, or derivative works of the App, are owned exclusively by Continental or its licensors.

4.2 Continental grants Licensee the right to install the App (including Updates) on the End Device and to use it in accordance with the terms and conditions of the EULA, i.e. the acts of reproduction necessary to run the App. The right of use is non-exclusive, limited in time to the duration of the installation of the App, non-sublicensable, and non-transferable.

4.3 Some components of the App may also be governed by open-source software licenses. Licensee’s license rights with respect to these components are defined by the applicable open-source software license, and nothing in this EULA will restrict or otherwise affect any rights and obligations Licensee may have, or conditions to which Licensee may be subject, under such open-source software licenses.

4.4 The right of use is granted under the resolutory condition that the service customer who has granted the licensee the possibility of using the service under his service contract cancels the access to use.

4.5 The Licensee is not permitted to translate, edit or otherwise rework, decompile, reconstruct or disassemble the App. The decompilation for the purpose of establishing the interoperability of an independently created computer program pursuant to Section 69e UrhG or rights under open-source license terms are excepted. Apart from that, the Licensee may not make any changes to the App himself or through third parties. This also applies to the correction of possible program errors.

5. Data protection and confidentiality

5.1 Privacy information can be viewed in the App or via the App. Continental reserves the right to change, adapt, delete parts of or add new parts to this data protection information at its own discretion, but within the scope of applicable legal regulations.

5.2 The Licensee must keep its account credentials secret and may not disclose them to third parties - not even within its own company, unless otherwise agreed with the Service Customer. If the Licensee becomes aware that an unauthorized third party has obtained knowledge of the access data, or if there is at least a suspicion that this is the case, the Licensee must immediately create or apply for a new password. Continental is entitled to block access if there is reasonable suspicion of misuse of access by third parties.

6. Warranty

On the part of the Licensee itself, who is granted the possibility to use the App and the Service on the basis of the Service Contract by a Service Customer, there are no warranty rights whatsoever against Continental with regard to the use of the Service. The Licensee is not a beneficiary under the Service Contract.

7. Liability

7.1 Continental is liable to the Licensee in cases of intent and gross negligence as well as for damages resulting from injury to life, body, or health in accordance with the statutory provisions.

7.2 In the event of slight negligence, Continental shall only be liable for the breach of a material contractual obligation (cardinal obligation), the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the Licensee may regularly rely. In this case, liability is limited to the amount of the foreseeable damage that can typically be expected to occur. Continental shall not otherwise be liable in the event of slight negligence.

7.3 Subject to the foregoing provisions, in the event of loss of data Continental shall only be liable for the expenditure that would be required to restore the data if the Licensee had properly backed up the data.

7.4 The above provisions shall also apply in favour of the legal representatives and vicarious agents.

7.5 The above limitations of liability shall not apply if Continental has fraudulently concealed a defect or has given a warranty as to quality. Liability under the Product Liability Act remains unaffected by these provisions.

8 Other provisions

8.1 The EULA is subject to German law excluding its conflict of law’s provisions; the UN Convention on Contracts for the Inter-national Sale of Goods shall not apply. In relation to consumers, this choice of law applies only if the protection granted is not affected by mandatory provisions of the law of the country in which the consumer has his habitual residence.

8.2 Continental reserves the right to amend the EULA use at any time for the future or to supplement such. Agreement to the changed EULA will be necessary in order to continue to use the App. Continental shall request Licensee to agree or to reject such e.g., by way of a special function in the App before any further use.

8.3 Should individual provisions of these EULA prove to be invalid in full or in part, then the validity of the rest of the contract shall not be affected by that. The statutory provisions shall replace the invalid provision.

Status: 01/2023