Common use of Use of the System Clause in Contracts

Use of the System. 3.1 Customer shall only use, access, and operate the System, in compliance with all applicable Laws. Customer may only use or access the System when it is safe to do so. Access to or use of the System is at Customer’s sole risk. Customer is solely responsibility to exercise its own discretion, and observe all safety measures required by Law, as to how and when to access or use the System and the Services. 3.2 The System and Services are NOT FOR EMERGENCIES or EMERGENCY SITUATIONS, including vehicle or medical emergencies. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICE IS LIMITED SOLELY TO RELAYING INFORMATION COLLECTED BY THE SYSTEM TO CUSTOMER, AND THAT COMPANY HAS NO DUTY OR OBLIGATION TO ACTIVELY MONITOR ANALYZE, NOTIFY, RESPOND TO, OR FOLLOW-UP ON ANY DATA RELAYED FROM TIME TO TIME TO CUSTOMER. Customer shall ensure that Pace Device users are advised not to disregard or delay seeking emergency help based on anything that does or does not appear on the System or Services. 3.3 Customer may be required to create an account to use the System and the Services. Customer shall protect the security of the System at all times by ensuring that access and login credentials are maintained confidential and secure. Customer agrees to prohibit any third party from using Xxxxxxxx’s account credentials and agree to immediately notify Company of any actual or suspected unauthorized use of Customer’s account credentials or other security concerns of which Customer becomes aware. As part of the Services, for the purpose of protecting the security of Customer’s account, Customer’s rights, and the security of the Pace Device and the System, Customer agrees that Company may: (i) monitor the System in Customer’s Pace Device and vehicles having Pace Devices, and the information within them; and

Use of the System. 3.1 Customer shall only use, access, and operate the System, in compliance with all applicable Laws. Customer may only use or access the System when it is safe to do so. Access to or use of the System is at Customer’s sole risk. Customer is solely responsibility to exercise its own discretion, and observe all safety measures required by Law, as to how and when to access or use the System and the Services. CUSTOMER SHOULD NOT ACCESS THE SYSTEM WHILE OPERATING THE VEHICLE. 3.2 The System and Services are NOT FOR EMERGENCIES or EMERGENCY SITUATIONS, including vehicle or medical emergencies. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICE IS LIMITED SOLELY TO RELAYING INFORMATION COLLECTED BY THE SYSTEM TO CUSTOMER, AND THAT COMPANY HAS NO DUTY OR OBLIGATION TO ACTIVELY MONITOR MONITOR, ANALYZE, NOTIFY, RESPOND TO, OR FOLLOW-UP ON ANY DATA RELAYED FROM TIME TO TIME TO CUSTOMER. Customer shall ensure that Pace Device Vehicle users are advised not to disregard or delay seeking emergency help based on anything that does or does not appear on the System or Services. 3.3 Customer may be required to create an account to use the System and the Services. Customer shall protect the security of the System at all times by ensuring that access and login credentials are maintained confidential and secure. Customer agrees to prohibit any third party from using XxxxxxxxCustomer’s account credentials and agree to immediately notify Company of any actual or suspected unauthorized use of Customer’s account credentials or other security concerns of which Customer becomes aware. As part of the Services, for the purpose of protecting the security of Customer’s account, Customer’s rights, and the security of the Pace Device Vehicle and the System, Customer agrees that Company may: (i) monitor the System in Customer’s Pace Device and vehicles having Pace Devices, Vehicle and the information within them; and (ii) implement protective measures within the System and Services to defend against security threats. Customer access to the System and the Services may be revoked by Company at any time with or without cause. 3.4 Customer agrees to indemnify, defend, and hold harmless Company and its directors, officers employees and agents from and against any and all claims, losses, liabilities, damages, fees, expenses and costs (including reasonable attorneys’ fees) (“Losses”) arising out of or in connection with: (i) Customer’s breach of any of the terms of this Agreement (or any Subscription Agreement) or violation of applicable Law, (ii) Customer’s use or access of the System or Services, or (iii) any unauthorized third party’s access to or use of the System or Services using Customer’s access and login credentials. 3.5 All aspects of the System and the Services (including without limitation, all System Software, System Applications and associated intellectual property (including without limitation, all patents, copyrights, trade secrets, trademarks, service marks, or other intellectual property or proprietary rights)) are the property of Company, or its licensors or suppliers, as applicable. Subject to this Agreement and the payment of all applicable fees, Company grants Customer a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the System and the Services (including an object code version of the System Software). 3.6 Neither the System or the Services, nor any part of the System and the Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. 3.7 Customer agrees that Company may remotely access, deliver, install, update, or change the System or the Services (collectively, “Updates”) to the System without any further notice or consent. Customer may be asked to consent to Updates, and failure to promptly do so may result in loss of functionality or unavailability of certain Services. Customer shall not modify, remove, or destroy any proprietary markings or confidential legends placed upon or contained within the System, the System Software, any documentation, or any related materials. 3.8 In respect to users of the Vehicles and/or the System, Customer is responsible for ensuring that: 3.8.1 any and all actions or authorizations required for the collection, processing and use of Vehicle Data are taken or obtained; 3.8.2 users of the Vehicle and/or the Services are fully informed about and comply with the instructions for use of the Services; and 3.8.3 Customer and users of the Vehicle do not use the System in violation of any Laws or for unlawful of abusive purposes; and 3.8.4 all users of the Vehicle and Services are aged 18 or over. 3.9 Customer is further responsible for compliance with all applicable Data Privacy Laws, including the GDPR if applicable, including obtaining any required consents. Customer shall indemnify and hold Company, its present and future affiliates, employees, agents, successors and assigns, harmless for any and all Losses resulting from or arising out of Customer’s failure to comply with such Laws. 3.10 Customer is prohibited from violating or attempting to violate the security of the System or Services, including: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the System or Services or any portion thereof without authorization, in violation of this Agreement (or any Subscription Agreement) or in violation of applicable Law.

Use of the System. 3.1 Customer shall only use, access, and operate the System, in compliance with all applicable Laws. Customer may only use or access the System when it is safe to do so. Access to or use of the System is at Customer’s sole risk. Customer is solely responsibility to exercise its own discretion, and observe all safety measures required by Law, as to how and when to access or use the System and the Services. CUSTOMER SHOULD NOT ACCESS THE SYSTEM WHILE OPERATING THE VEHICLE. 3.2 The System and Services are NOT FOR EMERGENCIES or EMERGENCY SITUATIONS, including vehicle or medical emergencies. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICE IS LIMITED SOLELY TO RELAYING INFORMATION COLLECTED BY THE SYSTEM TO CUSTOMER, AND THAT COMPANY HAS NO DUTY OR OBLIGATION TO ACTIVELY MONITOR MONITOR, ANALYZE, NOTIFY, RESPOND TO, OR FOLLOW-UP ON ANY DATA RELAYED FROM TIME TO TIME TO CUSTOMER. Customer shall ensure that Pace Device Vehicle users are advised not to disregard or delay seeking emergency help based on anything that does or does not appear on the System or Services. 3.3 Customer may be required to create an account to use the System and the Services. Customer shall protect the security of the System at all times by ensuring that access and login credentials are maintained confidential and secure. Customer agrees to prohibit any third party from using XxxxxxxxCustomer’s account credentials and agree to immediately notify Company of any actual or suspected unauthorized use of Customer’s account credentials or other security concerns of which Customer becomes aware. As part of the Services, for the purpose of protecting the security of Customer’s account, Customer’s rights, and the security of the Pace Device Vehicle and the System, Customer agrees that Company may: (i) monitor the System in Customer’s Pace Device and vehicles having Pace Devices, Vehicle and the information within them; and (ii) implement protective measures within the System and Services to defend against security threats. Customer access to the System and the Services may be revoked by Company at any time with or without cause. 3.4 Except as otherwise prohibited by any Laws from doing so, Customer agrees to indemnify, defend, and hold harmless Company and its directors, officers employees and agents from and against any and all claims, losses, liabilities, damages, fees, expenses and costs (including reasonable attorneys’ fees) (“Losses”) arising out of or in connection with: (i) Customer’s breach of any of the terms of this Agreement (or any Subscription Agreement) or violation of applicable Law, (ii) Customer’s use or access of the System or Services, or (iii) any unauthorized third party’s access to or use of the System or Services using Customer’s access and login credentials. 3.5 All aspects of the System and the Services (including without limitation, all System Software, System Applications and associated intellectual property (including without limitation, all patents, copyrights, trade secrets, trademarks, service marks, or other intellectual property or proprietary rights)) are the property of Company, or its licensors or suppliers, as applicable. Subject to this Agreement and the payment of all applicable fees, Company grants Customer a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the System and the Services (including an object code version of the System Software). 3.6 Neither the System or the Services, nor any part of the System and the Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. 3.7 Customer agrees that Company may remotely access, deliver, install, update, or change the System or the Services (collectively, “Updates”) to the System without any further notice or consent. Customer may be asked to consent to Updates, and failure to promptly do so may result in loss of functionality or unavailability of certain Services. Customer shall not modify, remove, or destroy any proprietary markings or confidential legends placed upon or contained within the System, the System Software, any documentation, or any related materials. 3.8 In respect to users of the Vehicles and/or the System, Customer is responsible for ensuring that: 3.8.1 any and all actions or authorizations required for the collection, processing and use of Vehicle Data are taken or obtained; 3.8.2 users of the Vehicle and/or the Services are fully informed about and comply with the instructions for use of the Services; and 3.8.3 Customer and users of the Vehicle do not use the System in violation of any Laws or for unlawful of abusive purposes; and 3.8.4 all users of the Vehicle and Services are aged 18 or over. 3.9 Customer is further responsible for compliance with all applicable Data Privacy Laws, including the GDPR if applicable, including obtaining any required consents. 3.10 Customer is prohibited from violating or attempting to violate the security of the System or Services, including: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the System or Services or any portion thereof without authorization, in violation of this Agreement (or any Subscription Agreement) or in violation of applicable Law.