End User License Agreement

This End User License Agreement (“Agreement”) is between Hyundai Translead, a California corporation, its parent company, subsidiaries, and affiliates (“Hyundai,” “HT,” “Company,” “we,” “us,” or “our”) and you, a vendor, user or another customer (“You” or “Your”), and governs your use of the Surround View Camera Monitoring System Software Application (“Application”) (“HT LINKVUE”). HT LINKVUE may be accessed by you via the Company’s website at hyundaitranslead.com (“Site”). Company may provide services that include a system of cameras installed on a trailer to analyze the trailer’s surroundings and driving conditions. HT LINKVUE is composed of (1) hardware (“Hardware”) and software embedded in the hardware (“Software”), (together, “Product”), and a (2) HT LINKVUE user account and applications and services made available to you through as more fully described below (the “Services”).

The Product is provided for your own use only and is not for resale. The Product is the Company’s intellectual property and subject to the Terms and Conditions below.

PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE USING THE PRODUCT OR SERVICES. ANY USE OF THE PRODUCT OR SERVICES, WHETHER AS ORIGINALLY INSTALLED OR AFTER AN UPDATE, SIGNIFIES YOUR CONSENT TO THIS AGREEMENT. THIS AGREEMENT MAY CHANGE FROM TIME TO TIME AS SET FORTH IN THE SECTION BELOW TITLED “TERMINATION” OR “UPDATES”. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT USE OR CEASE THE USE OF THE PRODUCT AND SERVICES. BY CONTINUING TO USE THIS PRODUCT, EACH END USER HEREBY AGREES THAT SUCH END USER IS HEREBY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS OF THE DATE OF THE FIRST USE OF THIS PRODUCT BY THE END USER (THE “EFFECTIVE DATE”).

Terms and Conditions

License Grant and Restrictions. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, non-sublicensable, non-assignable, and nontransferable license to use, download and/or install the Product in the version made available by the Company, for only those specific features or functionalities that the Company makes available to End Users, only through the Product (the “License”).

Subject to the restrictions below, you agree not to reproduce, copy, modify, decompile, disassemble, create any derivative works of, or reverse engineer any portion of this Product, and may not transfer or distribute it in any form, for any purpose, except permitted by this Agreement or mandatory applicable laws. You are only permitted to use the Product in strict compliance with this Agreement and any associated documentation. For clarity and the avoidance of doubt, you are explicitly prohibited from using the Product: (i) in any way that is outside the scope of the Purpose set forth in the License or is otherwise not directly related to the Product; (ii) for any other uses that are prohibited by this Agreement or in any Product-related documentation; or (iii) for any unlawful purpose.

Further Conditions. The License granted to you under this Agreement: (a) is personal to the End User and is not transferable, sub-licensable, or assignable to any other party; and (b) will immediately terminate upon the expiration, cancellation, or termination of this Agreement for any reason.

Notwithstanding the foregoing, the Company has the right to do any of the following, at any time and from time to time:

• Amend (or adopt a new version of), modify, replace, or discontinue, in whole or in part, the Product and related Services, including without limitation changing, replacing, suspending, or discontinuing any or all of the features or functionalities of the Product; or
• Amend (or adopt a new version of), modify, replace, or discontinue, in whole or in part, the Product and related Services or including without limitation any of the criteria governing the way that End Users are permitted to use the Product; or
• Change, amend, modify, suspend, discontinue, cease, or otherwise terminate any or all of the features or functionalities of the Product, in whole or any parts thereof, including without limitation discontinuing the Product’s support or any portions thereof.

Reservation of Rights. You acknowledge and agree that the Product is provided under License, and not sold, to you. You do not acquire any ownership interest in the Product under this Agreement, or any other rights thereto other than to use the Product in accordance with the License granted, and subject to all terms, conditions, and restrictions under this Agreement. Company reserves and shall retain its entire right, title, and interest in and to the Product, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

In addition to all other conditions in this Agreement, you further acknowledge and agree that:

• Except as expressly permitted by the License given to you under this Agreement, you will not copy, transfer, distribute, sell, publish or broadcast Product and related Services;
• You shall not revise, modify, alter, disassemble, decompile, reverse translate, reverse engineer, or create derivative works of or from any Product or otherwise attempt to derive any source code of the same or let any third party do the same;
• Use of the Product and related Services is expressly prohibited for anyone who is not an authorized End User under this Agreement and only to the explicit extent permitted by the License set forth in this Agreement;
• Unauthorized use of the Product and related Services may be a violation of the Company’s copyright and other Company’s intellectual property rights and is actionable under law; and
• You are expressly prohibited from making any use of the Product that does not involve performing driving functions and viewing video. Company reserves all rights in the Product not expressly granted to you in this Agreement. You may not use the Product in any manner that could:

(i) damage, disable, overburden, or impair the application (or any server or networks connected to any the application), or (ii) interfere with any third party’s use and/or enjoyment of the application (or any server or networks connected to the application).

Product. The Product is the system comprised of Hardware and Software, including video and/or audio recording devices, and uses cellular or Wi-Fi data transmission services (“Data Transmission”) provided by a third-party provider to permit you or other permitted with access to the Product, to have access to real-time and recorded audio and video from cameras around the vehicle. Other information such as vehicle operating data, road-related data from outside the vehicle, and other relevant data, such as for example, lane markings, traffic lights or alerts generated by the Product, including the time and location where such data was collected, may be available to you or other users with access to the Product.

Service. The Services provided hereunder may include messages or alerts sent to you on the basis of information collected from the Product and will include access to a user account and applications.

Separate Actions Needed to State Product or Technology is “Compliant”. This Agreement, including without limitation the Product pursuant to the License granted to you under this Agreement, does not independently bestow (either expressly, impliedly, or by estoppel) any right to state that any Product or related Services are “compliant” or have been “verified” to comply with any regulatory specification or requirement.

We are not responsible for content provided by others or related users. You and anyone else who accesses our Services may access content that might be inaccurate or otherwise inappropriate. We will not be liable to you or any third party for content provided by others. WE MAKE NO REPRESENTATION AND WILL HAVE NO LIABILITY OR OBLIGATION WHATSOEVER IN RELATION TO THE CONTENT OR USE OF, OR CORRESPONDENCE, AGREEMENTS OR TRANSACTIONS WITH, ANY THIRD-PARTY SERVICES. YOU MUST COMPLY WITH ALL AGREEMENTS AND OTHER LEGAL REQUIREMENTS THAT APPLY TO THIRD-PARTY SERVICES.

Updates. Company may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Product and related Services (“Updates”). “Services” in this Agreement means any services provided by Company on the Application, Company data servers, any Product-related dashboards, platforms or management thereof, or any support or technical assistance relating to the Product. Updates may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you may receive Updates automatically. You acknowledge that you may be required to install Updates to use the Product and you agree to promptly install any Updates Company provides. Your continued use of the Product is your acknowledgement under this Agreement.

Availability and Interruptions. The availability and use of the Product and related Services is subject to a compatible system and/or other equipment connected to the vehicle that is capable of wirelessly receiving and transmitting communications. As such, the availability and use of the Product or related Services is subject to transmission limitation or interruption, including but not limited to technical obsolescence or sunsetting of the related equipment, software or firmware, inside of or external to the vehicle, required for data transmission or receipt. Further, the functionality of the Product and/or Services is not guaranteed for vehicles used outside of the continental United States, Alaska or Hawaii. Neither the Company nor any Service Provider guarantees that the Product or Services, or any portion thereof will be available at all times or in all areas. You acknowledge and agree that the Company and other Service Providers are not responsible for performance degradation, interruption or delays, however caused. You acknowledge that either the Company shall not be liable to you if the Product or Services are not available in a given location.

Storage. The Application may record footage it captures for up to a maximum of thirty (30) hours. Any such recordings are recorded locally on the Hardware. Company does not have access to any recordings created by you and does not provide back-up services for any recordings. You are responsible for the retention of any footage you would like to keep. If this Agreement is terminated or Company decides to cease provision of the Application or to cease the length of time it currently stores any content, you and third parties may permanently lose all access to all content within the Application.

Data Transmission. Company is not responsible to you for unauthorized access to your data or the unauthorized use of the Product or Services to the extent that such access is not due to Company’s breach of its confidentiality or security obligations hereunder. You acknowledge that your ability to access the Product or Services is dependent upon you having (a) continuous access to the necessary communication services and (b) properly configured and operational information technology infrastructure meeting such minimum system requirements as Company may recommend or specify from time to time, including hardware, software, databases, systems, networks and services, whether operated directly by You or through the use of third party services. As between you and Company, you have and shall retain sole responsibility for: (a) acquiring and maintaining, and paying all fees and expenses for, all telecommunications and Internet services and your systems necessary to access and use the Products and Services; (b) all your inputs, including content and use; (c) all information, instructions, and materials provided by or on behalf of you or any related user in connection with the Services; (d) the security and use of your and related users’ access credentials; and (e) all access to and use of the Product or Services directly or indirectly by or through your Systems or your access credentials, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.

End User Responsibilities. End User is solely responsible for securing the data collected by, and stored locally on, the Product. End User should use reasonable measures to maintain the security of its data, including changing the default password for the Product, storing login credentials in a secure manner, and safeguarding the Product to prevent loss or theft. Company shall not be responsible for any data acquisition resulting from loss or theft of the Product or from End User’s failure to implement reasonable security measures.

Distractions and Hazards. You understand and agree that your use of the Product and/or Services while operating a vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of your vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Product or Services including, without limitation, where any such use is in violation of any applicable traffic regulations, rules or laws (such as any driver distraction laws, rules or regulations).

Third-Party Materials. The Product may display, include, or make available third-party content or provide links to third-party websites or services. You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Feedback. If you provide any feedback, comments, or input related to the Product or related Services (“Feedback”), you hereby automatically grant to the Company a non-exclusive, worldwide, perpetual, transferable, royalty-free license to use the Feedback in Company’s activities or operations.

Term and Termination. This Agreement and the License granted hereunder are effective on the date you first use the Product and shall continue for as long as you use the Product, unless this Agreement is terminated under this section. Company may terminate this Agreement at any time if you fail to comply with any term(s) herein. You may terminate this Agreement effective immediately upon written notice to Company. Upon termination of this Agreement, the License granted hereunder will terminate and you must stop all use of the Product, but surviving terms, if any, will remain in effect after any such termination.

Disclaimer on Services Performed. Through your use of the Product, you agree that the Product:

• Does not offer or purport to offer any emergency services, individual or public safety notifications related to you or other consumer.
• Is not intended to be utilized in hazardous environments any other use that may result in foreseeable risk of injury, death, or destruction of property.
• Is not an integrated alert and warning system.
• Is not intended for use in, or in association with, the operation of any hazardous environments or critical systems. You are solely responsible for liability that may arise in association with such use.
• Is not a replacement for traditional and customary alerts and does not function as such.

DISCLAIMER OF WARRANTIES. THE PRODUCT IS PROVIDED TO END USER “AS IS” AND “AS AVAILABLE” BASIS, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. NEITHER COMPANY NOR ITS AFFILIATES ARE LIABLE FOR ANY DAMAGES RESULTING FROM ANY INABILITY OF THE PRODUCT TO PERFORM ANY FUNCTION. THE COMPANY DISCLAIMS ALL RESPONSIBILITY FOR THE CONDUCT OF END USER OR PURCHASER OF PRODUCT, AND ALL OTHER THIRD PARTIES INVOLVED IN THE PROVISION OF PRODUCT OR RELATED SERVICES. AS PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES FROM AND AGAINST ANY LIABILITY RELATING TO: (A) ANY ACTS OR OMISSIONS OF SUCH THIRD PARTIES OR OTHER THIRD PARTIES INVOLVED IN THE HANDLING OF OR RESPONSE TO ANY EMERGENCY CALL, (B) YOUR INABILITY TO USE THE PRODUCT OR RELATED SERVICE DUE TO LACK OF POWER OR INTERNET ACCESS; (C) ANY FAILURE BY YOU OR THE PURCHASERS OF THE PRODUCT OR RELATED SERVICES; OR (D) YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS INFORMATION PERTINENT TO YOUR SAFETY.

NEITHER COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, OR AFFILIATES SHALL BE LIABLE TO YOU, ITS CUSTOMERS OR ANY OTHER PARTY FOR DIRECT OR INDIRECT DAMAGES, WHETHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, OR LOSS OF USE DAMAGES), (WHETHER OR NOT FORESEEABLE), ARISING OUT OF, OR RESULTING FROM, YOUR USE OF THE LICENSE OR ANY OTHER USE OF THE COMPANY’S SPECIFICATIONS, THE PRODUCT, OR RELATED SERVICES OR ANY PRODUCT-RELATED DOCUMENT, OR ANY INFORMATION CONTAINED THEREIN.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN THE EVENT THAT ANY LIABILITY IS NEVERTHELESS IMPOSED ON COMPANY UNDER THIS AGREEMENT FOR ANY REASON WHATSOEVER, THE AGGREGATE AMOUNTS PAYABLE BY COMPANY BY REASON THEREOF SHALL NOT EXCEED ONE THOUSAND US DOLLARS ($1,000).

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Export Regulation. The Product may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re- export, or release the Product to, or make the Product accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Product available outside the US.

CONSENT TO COMPANY’S PRIVACY POLICY, INFORMED CONSENT AND COMPANY’S WEBSITE TERMS OF USE. You hereby acknowledge that you:

• Are hereby provided full access and notice of (1) the Company’s Website Privacy Policy, a copy of which is available through this link: https://www.hyundaitranslead.com/privacy governing the Company’s website and (2) the Company’s Notice of Collection, a copy of which is available through this link: https://www.hyundaitranslead.com/information-we- collect/
• Agree and consent, as of the Effective Date, to the Website Privacy Policy and the Company’s Notice of Collection.

Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Binding on Successors. This Agreement shall continue to bind the successors and permitted assigns of the End User.

Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Product shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Diego and San Diego County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver. All waivers by Company will be effective only if in writing. Any waiver or failure by Company to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Entire Agreement. This Agreement, together with our Privacy Policy constitute the entire agreement between you and Company with respect to the Product and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Product.

Questions or Additional Information. If you have questions regarding this Agreement, please contact htcc@hyundaitranslead.com.