CoroPlus® Acceptable use policy

Version 1/2020

1. Subject Matter and Scope

1.1 This Acceptable Use Policy (the “AUP”) applies for any and all access and use of the Service including any associated content, such as instructions, manuals, e-learning tools, and other add-on services like item data downloads from 3rd party and any other information provided through the service (collectively, the “Service”)

1.2 The purpose of this AUP is to set out a code of conduct and a use policy for all individuals using the Service, meaning employees, agents, contractors, representatives and officers (each, a “User”) of legal entities (or, where relevant, affiliates or subsidiaries of such entity) having entered into an agreement with Sandvik and accepted the terms of service regarding the Service (a “Customer”).

1.3 Access to and use of the Service by the User is subject to correct licensing and permissions subject to the terms of service between Sandvik and the Customer, as well as the proper creation by the Customer or a User of at least one user account (“Account”).

1.4 To the maximum extent permitted under applicable law, Sandvik will not enter into any contractual relationship with the User and Sandvik will not assume any obligations or liability in relation to the User (see also Clause 6).

2. Registration and Access

2.1 Access to the Service requires the User to log in to an Account using the credentials provided by Sandvik and/or the Customer. It is possible to create further accounts for individual Users. The User may contact the assigned administrator of the Customer for further information on how to set-up further Accounts and any terms and conditions associated therewith.

2.2 Access credentials and login details are personal and may only be used by the User, or a group of Users as decided by the Customer. The User is required to carefully store his/her access credentials, not share them with anyone except as permitted by the Customer and protect them from unauthorized access. Sandvik may enable log-in to an Account by way of other methods (e.g. pin codes, QR codes or RFID cards/tags), which methods shall be considered credentials for the purposes of this AUP.

2.3 The User shall not:

a) gain access to the Service by any means other than the Account or other permitted means;

b) circumvent or disclose the User authentication or security of the Account, the Service or any host, network, or account related thereto; or

c) pretend a false identity with the purpose of misleading others or to gain unlawful or unauthorized access to the Account or the Service.

3. Use of the Service

3.1 In using the Service, the User shall:

a) duly use the Service only as instructed by the Customer, and always on behalf of the Customer;

b) before accessing the Account and the Service, during use and when transferring data, take all reasonable precautions against security attacks and to prevent viruses, trojan horses or other programs or malware that may damage software;

c) comply with all applicable national and international export and re-export control regulations including, but not limited to, those of the European Union, of the United States of America and regulations of any other country or jurisdiction which may apply;

b) notify Sandvik promptly about any possible unauthorized use of his/her access credentials, misuse or theft of the Account and any security risk (e.g. vulnerability) related to the Account or the Service, and of any possible or actual violation of this AUP;

e) inform Sandvik promptly of any errors in the functionality of the Account or the Service or the information provided therein; and

f) notify Sandvik promptly if the User erroneously has access to data that is obviously not intended to be accessed by the User.

3.2 In using the Service, the User shall not:

a) access or use the Service for any purpose except for Customer’s internal business purposes, and in particular not for the purpose of building a competitive product or service or copying its features or User interface nor in the operation of a service bureau, outsourcing or time-sharing service;

b) allow the Service to access, directly or indirectly, in any manner whatsoever, any third party database except for such database access which is provided by Sandvik as part of the Service;

c) breach or defeat system or network security measures such as authentication, authorization, confidentiality, intrusion detection or monitoring;

d) copy, sell, resell, license, transfer, assign, sublicense, rent, lease, or otherwise make available the Service in whole or in part to any affiliate of Customer or third party (unless expressly permitted in accordance with a) above);

e) translate, disassemble, decompile, reverse engineer or otherwise modify or attempt to discover the source code of the Service or any associated hardware provided by Sandvik (except to the extent permitted pursuant to applicable law);

f) create derivative works of, or based on, any parts of the Service;

g) interfere with or disrupt the integrity or performance of the Service or other equipment or networks connected to the Service, and in particular not transmit any content containing viruses, trojan horses or other programs that may damage software;

h) use the Service in a way that could damage, disable, overburden, impair or compromise Sandvik's systems, infrastructure or security or interfere with other Users;

i) connect any devices that are not approved by Sandvik to the Service;

j) harm other persons;

k) infringe personal rights, intellectual property rights, copyrights or any other proprietary rights of Sandvik or any other party;

l) change or remove any notices and notations from the Service that refer to intellectual property rights or brand names;

m) access the Service from any location prohibited by Export Laws or if otherwise prohibited for the User by Export Laws and the User shall not grant access to a person or entity listed on a sanctioned party list, including without limitation European Union Sanctions List, US Specially Designated National (SDN) lists, US Denied Persons List. “Export Laws” means all national and international export and re-export control regulations including, but not limited to, those of the European Union, of the United States of America and regulations of any other country or jurisdiction which may apply;

n) make any use of the Service that violates Sandvik’s rights or any applicable local, state, national, international or foreign law, treaty, or regulation; or

o) create, upload, or otherwise use any documents restricted by the U.S. International Traffic in Arms Regulations (ITAR).

3.3 To the extent the User uploads suggestions, recommendations, feature requests or other feedback onto the Service, Sandvik may exploit them free of charge to develop, improve and sell any of its products and services.

4. Compliance and Suspension

4.1 The User acknowledges that Sandvik or a third party on Sandvik’s behalf may monitor the User’s access to and use of the Account and the Service for Sandvik’s internal business purposes, e.g. to the extent required to ensure compliance with this AUP, and to develop and improve Sandvik’s products and services.

4.2 Sandvik may immediately suspend any User’s or Customer’s access to and use of the Service if, according to Sandvik’s reasonable judgment, this AUP have been breached, or for other objectively serious reasons, temporarily or permanently as set out in the terms of service.

4.3 User is responsible for violations of this AUP by anyone using the Service with User’s permission or on an unauthorized basis as a result of User’s failure to use reasonable security precautions to protect login details to the User’s Account. User’s use of the Service to assist another person in an activity that would violate this AUP if performed by User is a violation of the AUP.

4.4 Sandvik will process personal data about Users in accordance with applicable law and relevant privacy notice(s).

5. Confidentiality

5.1 The User may have access to Sandvik's and its partners’ confidential information through the Account. The User must observe and comply with any confidentiality notices or restrictions provided in the Service. Confidential information may only be used for the purpose of access to and use of the Account and the Service and in accordance with this AUP.

5.2 The User is required to immediately inform Sandvik as soon as the User becomes aware of an imminent breach of Sandvik's or its partners’ confidentiality interests or that such a breach has taken place or upon existence of such a suspicion.

6.1 Sandvik assumes no liability towards the User including, without limitation, for defects in the Account or the Service and the information contained therein, particularly for their accuracy, correctness, freedom of property rights and copyright of third parties, completeness and/or usability.

6.2 Nothing in this AUP shall limit or exclude Sandvik' liability to the User to the extent that liability cannot be limited or excluded according to mandatory applicable law.

7. General

7.1 In the event any provision of this AUP is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

7.2 This AUP and the rights granted hereunder may be assigned by Sandvik to any entity within or outside the Sandvik Group, however an assignment by the User is not permitted and any purported assignment or transfer in violation of the foregoing shall be null and void.