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Terms & Conditions

General Information  |  Cookies  |  Data & Privacy  |  Copyright  |  Terms & Conditions

SOCIAL MEDIA PHOTO AND/OR VIDEO SUBMISSION PROMOTIONS TERMS AND CONDITIONS

By replying with #YesCaterpillar, I hereby agree to the following Terms & Conditions for Social Media Photo Submission Promotions:

1. USE OF NAME, HANDLE, TEXT, PHOTO, VIDEO, LIKENESS and INTELLECTUAL PROPERTY. I hereby grant to Caterpillar Inc. ("Caterpillar"), its subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") a non-exclusive, irrevocable (except as specified in Section 3 herein under Takedown), unlimited, perpetual, royalty-free, fully-sublicensable, fully paid up, worldwide license, and the right(s) and permission(s) to use my name and/or handle, image(s), and likeness, and the text and photograph(s) and/or video(s) posted to a social media platform including, but not limited to Twitter, Facebook and Instagram by using the Permitted Parties’ promotional hashtag (collectively, the "Content") on the www.cat.com, www.caterpillar.com, and other websites controlled by Caterpillar or its subsidiaries and affiliated companies (collectively, “Caterpillar Websites”), Facebook, Instagram, Twitter, other social media platforms and other websites (collectively, “Platforms”), and in other print, audio and video marketing and advertising avenues (“Advertising”).

I agree that the Content may be used, copied, distributed, published, exhibited, digitized, publically displayed, reproduced, altered, edited, manipulated, and otherwise used via any medium and by whatever means, in whole or in part, anywhere in the world, at any time, for an unlimited number of projects, for any and all purposes of advertising, marketing or trade in promoting and publicizing the Permitted Parties.

I agree that I shall have no right of approval, no claim to compensation (including, but not limited to royalties), and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, copyright infringement or trademark infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content.  Furthermore, I irrevocably waive any and all so-called moral rights I may have in the Content. To the extent I provide any personal information, I agree to comply with Caterpillar’s Privacy Statement (http://www.cat.com/en_US/legal-notices.html#privacy)

2. COMPLIANCE WITH TERMS FOR THIRD PARTY PLATFORMS. I acknowledge and agree that in order to post Content on the Platforms, I will be in compliance with the terms and conditions of such Platforms.

You should carefully read the privacy statements of any such Platforms. 

3. TAKEDOWN. If I want my Content removed from the Platforms, Caterpillar Websites and Advertising, I will send an e-mail message to: Info_Cat@cat.com.

4. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION BY USER. I represent and warrant: (a) I am 18 years old or older; (b) I have the legal right to post the Content; (c) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity, trademark, patent and/or copyright, of any other person or entity or any applicable laws; (d) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, or libelous or otherwise depicts inappropriate behavior; and (e) the Content does not contain any advertising or other commercial content. 

I hereby agree to indemnify, defend and hold harmless each of the Permitted Parties from and against any and all claims, lawsuits, demands, actions or other proceedings of any kind brought against it by any third party and from any and all damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding: (a) relating to or arising out of any breach or alleged breach of any of my warranties, representations or agreements hereunder, (b) violation of these Social Media Photo And/Or Video Submission Promotions Terms And Conditions, or (c) violation of any law(s), regulation(s) or third party rights.

I shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

5. NO WARRANTIES BY PERMITTED PARTIES; AND LIMITATION OF LIABILITY; REMEDY; FORWARD LOOKING STATEMENTS; PRESS RELEASES;  TERMINATION; UPDATING SITES;  LINKED SITES, ENTIRE AGREEMENT; INQUIRES.  I hereby understand and agree to provisions set forth in the Warranty and Limitation of Liability, Forward Looking Statements, Press Releases, Termination, Updating Sites, Linked Sites and Entire Agreement and Inquires sections listed under the Terms of Use Notices located on Caterpillar’s website.(http://www.cat.com/en_US/legal-notices.html#terms)

6. NO OBLIGATION TO USE. I understand and agree: (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and (b) that Permitted Parties may remove the Content (or any part thereof) from the Platforms, Caterpillar Websites, or Advertising at any time for any reason in Permitted Parties' sole discretion. I further understand and agree that Permitted Parties will not use any Content or other materials it finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that Permitted Parties believes may violate or infringe another's rights, including, without limitation, privacy, publicity or intellectual property rights. 

Privacy Policy

This privacy notice describes the personal information that we collect from you from this Caterpillar Now application (this, "Application") and how that information may be used or disclosed by us.

This policy does not apply to information that we collect through other means (e.g., other websites or other methods such as telephone calls), or to information collected on any other company or third-party site regardless of whether such site links to or is accessible from this Application. You should carefully read the privacy notices of any other websites.

How do we collect personal Information?

Personal information will be voluntarily gathered from you by the use of:

  • Survey

What personal information do we collect?

User Provided Information

Personal information that will be required for use of this Application include:

  • CWS ID

Optional information that may be requested for use on this Application include:

  • Name
  • E-Mail
  • Language

Automatically Collected Information

When you visit this Application, it automatically collects the following information about you:

  • IP Address
  • Cookies
  • Browser Information
  • Date and Time of use
  • Operating System Information
  • De-Identified Information
  • Crash Reports

For more information on these cookies, please see Terms of Service.

How do we use this personal information?

The information that you provide will be used to improve the relevance of the content shared by Caterpillar Now (e.g. weekly featured news updates or targeted communications to users in a particular region or business unit). Additionally, non attributed information may be used to analyze usage patterns and other metrics needed to identify potential application improvements for our users.

Additionally, we may use and/or disclose your personal information as required by law or regulation, or as requested by government authorities or for the protection of persons or property.

How do we safeguard this information?

We utilize reasonable measures to protect personal information against loss, manipulation, falsification, unauthorized access, or unauthorized disclosure. Due to the design of the Internet and networking and computing technologies, we cannot guarantee that communications between you and the Application will be free from unauthorized access by third parties.

Will we disclose this personal information that we collect?

Your personal information will be shared within the Caterpillar Inc. enterprise globally (e.g., its affiliates and subsidiaries worldwide) and disclosed with the applicable Caterpillar dealer(s) in the applicable service region(s). We may disclose your personal information to answer your inquiry or to fulfill the purposes of the Application or to service providers to process the information on Caterpillar Inc.'s behalf. Your personal information may be shared with third parties. In any case, the disclosure of personal information is only to those with a legitimate business reason to access the information. Notwithstanding the above disclosures, we will disclose personal information when required or permitted by law or according to relevant corporate policies.

Your Consent

By providing personal information to us, you consent to the collection and use of the personal information in accordance with the purposes described in this privacy notice. Since this service is available to individuals in a variety of global locations, you are also consenting to transferring your personal information to countries or jurisdictions that may not provide the same level of data protection as the legal jurisdiction in which you are located.

Children

We do not want to collect or maintain information from those under the age of 13. No part of our Application is structured to attract anyone under the age of 13. By using our Application, you represent that you are not less than 13 years of age.

Where can I obtain further information about this privacy notice?

To make a request to access, update or delete your personal information (including to opt-out of future advertising, marketing or opinion poll communications from Caterpillar), or for additional information about this privacy notice, please contact us at:

Caterpillar Inc.
Attn: Jerry Warfield
100 NE Adams Street
Peoria, Il. 61629
100 NE Adams Street
E-Mail: warfield_jerome_t@cat.com

Or you may contact Caterpillar's Office of Business Practices at http://codeofconduct.cat.com/ or by calling +1 (800)-300-7898.

What Happens if this Privacy Policy Changes?

We reserve the right to amend this privacy notice. If we update or change this privacy notice, the changes will be made on this page. Your use of the Application following the posting of changes to this privacy notice will demonstrate your acceptance of those changes.

Last Revised: 12/1/2016

Last updated October 12, 2016

LICENSED APPLICATION END USER LICENSE AGREEMENT

The Caterpillar Now application (together with all related documentation, data and content delivered thereby, the "Licensed Application"), is licensed, not sold, to You for use only under the terms of this Licensed Application End User License Agreement (the "License"). Title to the Licensed Application (including all documentation, data and content relating to the Licensed Application and/or Services) belongs to, and at all times shall remain the property of, Caterpillar Inc., Peoria, Illinois and/or its affiliated companies and licensors ("Caterpillar").  Caterpillar reserves all rights not expressly granted to You. Use of the Licensed Application by anyone other than You is strictly prohibited.  INSTALLING THE LICENSED APPLICATION IN ANY MANNER INDICATES YOUR ACCEPTANCE OF THIS LICENSE.  IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT INSTALL THE LICENSED APPLICATION.

a. SCOPE OF LICENSE: This License granted to You for the Licensed Application by Caterpillar is a limited, non-transferable, non-sublicenseable right to use the Licensed Application exclusively for Your own internal business purposes on any smart phone, tablet computer, desk top computer, laptop computer or other similar computing device (each a "Device," e.g., an iPhone, iPod touch or iPad) that You own or control.  This License does not allow You to use the Licensed Application on any Device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time.  You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application.  You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof. Any attempt to do so is a violation of the rights of Caterpillar and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of this License will govern any upgrades provided by Caterpillar that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. PRIVACY & INFORMATION USE:  When You use the Licensed Application, it may ask You for personal information (including Your name and an identifier for Your Device) and equipment information gathered through the service of machines using the Licensed Application (including equipment health, status, productivity, etc.).  Caterpillar collects such information, along with system information about the Device that You are using, including, the name of Your Device, the operating system in use on Your Device, the version of the Licensed Application You are running and the IP address of Your Device in order to validate that You are authorized to use this Licensed Application, to improve Caterpillar products and services, and to enable Caterpillar dealers to understand who within its service territory is using the Licensed Application.  Caterpillar may provide such information to its affiliates, subsidiaries or other trusted businesses or persons, including Caterpillar dealers.  Caterpillar will take reasonable and appropriate precautions to protect the confidentiality of such information; however, Caterpillar may, or You may by using the Licensed Application, transmit such information to a jurisdiction that does not provide the same level of data protection as the legal jurisdiction in which You are located.  By entering such information and/or using the Licensed Application, You consent to the collection, processing and transfer of the information by Caterpillar consistent with this paragraph. 

c. OPEN SOURCE SOFTWARE:  Notwithstanding anything to the contrary in this License, any Open Source Software included as a part of the package with the Licensed Application does not constitute a portion of the Licensed Application as defined in this License and is not licensed under the terms of this License, but instead is subject to the terms of the applicable Open Source Software license.  Unless otherwise required pursuant to the terms of an Open Source Software license, Caterpillar grants You no right to receive source code to the Open Source Software; however, in some cases rights and access to source code may be available to You directly from the licensors.  If You are entitled to receive the source code from Caterpillar for any Open Source Software included with the Application package, You may obtain the source code at no charge by written request to Caterpillar at the address indicated below.  You must agree to the terms of the applicable Open Source Software license, or You may not use the subject Open Source Software.  For purposes of this License, "Open Source Software" means those software programs, libraries or code that are identified in the software documentation, read me and/or about files as being subject to any open source software license, and all modifications, derivative works and executables based on or derived from such software Applications or libraries, if such modifications, derivative works and/or executables are also subject to the applicable open source software license by its terms.

d. TERMINATION: The License is effective as of the date that You properly installed the Licensed Application until terminated by You or Caterpillar at any time. Your rights under this License will terminate automatically without notice from Caterpillar if You fail to comply with any term(s) of this License. Upon termination of the License, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application and all Confidential Information.  At Caterpillar's request, You will provide Caterpillar with a written statement signed by You or Your duly authorized representative certifying that the Licensed Application and all related Confidential Information have been so destroyed.  All provisions that would by there nature survive termination, including paragraphs b., d., f., h., i., j., k., m., and o., will survive the termination of this License for any reason.

e. SERVICES; THIRD PARTY MATERIALS:   The Licensed Application may enable access to Caterpillar’s and third party services, data, and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.   You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.  No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to infringe or violate the rights of any other party.   In addition, third party Services and third party materials that may be accessed from, displayed on or linked to from the Device are not available in all languages or in all countries. Caterpillar makes no representation that such Services and materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Caterpillar, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Caterpillar be liable for the removal of or disabling of access to any such Services. Caterpillar may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

f. CONFIDENTIALITY:  Caterpillar may disclose to You certain business and technical information through the Licensed Application or the delivery of the Services that Caterpillar considers to be confidential, including information designated as proprietary or confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential ("Confidential Information").  In consideration of receipt of the Confidential Information, You will maintain all Confidential Information in strict confidence, and until instructed in writing to the contrary by Caterpillar, will only use Confidential Information for Your internal business purposes in accordance with the Grant of this License and You will not disclose any Confidential Information to any third party.  Caterpillar Confidential Information does not include information that: (a) was already in Your possession prior to its receipt from Caterpillar without restriction on its use or disclosure; (b) is or becomes available to the general public through no act or fault of Yours; or (c) is rightfully disclosed to You by a third party without restriction on its use or disclosure.  The Licensed Application and all related documentation, data and content delivered in connection therewith or with the Services are deemed to be Confidential Information.  Title to all Confidential Information belongs to, and at all times shall remain the property of, Caterpillar. 

g. SECURITY:  You will take all necessary steps to prevent the misuse, abuse, unauthorized access and/or wrongful disclosure of the Licensed Application and the Confidential Information with at least the same degree of care that You use to protect our own information of like kind, but in no event less than reasonable care.

h. INDEMNIFICATION:  You will indemnify, defend, and hold harmless Caterpillar, its directors, officers, employees and agents from and against any and all suits, claims, demands, losses, damages, costs and expenses of any nature whatsoever, including without limitation, litigation expenses, attorney’s fees and liabilities incurred in connection therewith, for any claim arising out of this License, Your use of the Licensed Application, Services and/or Confidential Information.

i. NO WARRANTY:  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION, THE SERVICES AND THE CONFIDENTIAL INFORMATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE LICENSED APPLICATION, THE SERVICES AND THE CONFIDENTIAL INFORMATION TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM THIS PROGRAM AND THE SERVICES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ALL SERVICES AND CONFIDENTIAL INFORMATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CATERPILLAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ALL SERVICES AND CONFIDENTIAL INFORMATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CATERPILLAR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THE SERVICES OR THE CONFIDENTIAL INFORMATION, THAT THE FUNCTIONS CONTAINED IN, SERVICES PERFORMED OR CONFIDENTIAL INFORMATION PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION, SERVICES OR CONFIDENTIAL INFORMATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CATERPILLAR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION, SERVICES OR CONFIDENTIAL INFORMATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 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.

j. LIMITATION OF LIABILITY:  TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CATERPILLAR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, SERVICES OR CONFIDENTIAL INFORMATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CATERPILLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CATERPILLAR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

k. EXPORT CONTROL:  You may not use, transfer, release or otherwise export or re-export the Licensed Application, Services or Confidential Information except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application, Services and Confidential Information was obtained. In particular, but without limitation, the Licensed Application, Services and Confidential  Information may not be used, transferred, released, or otherwise exported or re-exported, directly or indirectly, in contravention of applicable laws or government authorization: (a) into any U.S. embargoed countries, areas or regions, or (b) to any party designated as restricted or prohibited by the U.S. government, such as those listed 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 or Unverified List, including parties owned or controlled by such designated parties as may be required by U. S. law. By using the Licensed Application, You represent and warrant that Your possession and use of the Licensed Application, Services and Confidential Information will not violate any such laws and that You are not located in any such country or on any such list. You also agree that You will not use the Licensed Application, Services or Confidential Information for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

l. COMMERCIAL COMPUTER SOFTWARE:  The Licensed Application and related Services and Confidential Information are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

m. USE OF YOUR DATA:  You hereby grant to Caterpillar a nonexclusive, worldwide, perpetual, paid-up, license to access, use, process, manipulate or modify in any manner the data and information derived from Your use of the Licensed Application.  Caterpillar may use the data and information derived from Your use of the Licensed Application for any internal business purpose, including the analysis and improvement of products or service capabilities.  Caterpillar may produce reports, analyses, and other information from the data and information derived from Your use of the Licensed Application.  Caterpillar owns all reports, analyses, and other information, and You hereby assign all rights, title and interest, if any, in and to the said information to Caterpillar without any fees and without rights to future royalties or other payments.

 n. NONTAX ADVICE DISCLAIMER:  Nothing in the Licensed Application shall be treated or construed as, or constitute tax advice for any purpose, including, without limitation, any “tax analysis” or other computations or calculations made by the Licensed Application.  “Tax analysis” computations, including any tax rate, depreciation schedule or similar input fields are included in the Licensed Application for illustrative purposes only and are not based on the laws of any particular jurisdiction. 

o. GENERAL:  The laws of the State of Illinois, excluding its conflicts of law rules, govern this License and Your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.  This License may be modified only in a writing signed by the duly authorized representatives of Caterpillar.  You may not assign this License or any other rights or obligations herein, voluntarily or involuntarily, including by change of control, merger, operation of law or in any other manner, without the express written consent of Caterpillar.  The text of this License may be written in multiple languages, including English.  All language versions are deemed authentic, but the English language shall be the binding and controlling language for all matters relating to the meaning and interpretation of this License.

p. COPYRIGHT AGENT: Caterpillar respects the rights of all copyright holders and in this regard, Caterpillar has adopted and implemented a policy that provides for the removal from its Apps of materials that infringe the rights of copyright holders. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Caterpillar's Copyright Agent all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

·        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

·        Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site.

·        Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

·        Information reasonably sufficient to permit us to contact the complaining party.

·        A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

·        A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Caterpillar's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

Copyright Agent

100 N.E. Adams St.

Peoria, IL 61629-9620

Email:CopyrightAgent@caterpillar.com

q. Apple Specific Terms: In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary in this License, the following provisions apply with respect to Your access to, and use of, any version of the Licensed Application that is compatible with the iOS operating system of Apple Inc. (“Apple”).  Apple is not a party to this License and does not own and is not responsible for the Licensed Application.  Apple is not providing any warranty for the Licensed Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Licensed Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Licensed Application, including any third-party product liability claims, claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.  Any inquiries or complaints relating to the use of the Licensed Application, including those pertaining to intellectual property rights, must be directed to Caterpillar.  In the event of any third party claim that the Licensed Application, or Your possession and use of the Licensed Application, infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.  You must comply with the Usage Rules set forth in Apple’s App Store Terms of Service.  In addition, You must comply with the terms of any third-party agreement applicable to You when using the Licensed Application, such as Your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this License and, upon Your acceptance of the terms and conditions of this License, will have the right (and will be deemed to have accepted the right) to enforce this License against You as a third-party beneficiary thereof; notwithstanding the foregoing, Caterpillar’s right to enter into, rescind or terminate any variation, waiver or settlement under this License is not subject to the consent of any third party.

INQUIRIES: Should You have any questions concerning this License, write to: Caterpillar Inc., 100 N.E. Adams St., Peoria, IL 61629-6490, Attn:  Deputy General Counsel, Commercial Section.

Open Source Software Disclosures / Licenses

AFNetworking

Copyright (c) 2011-2016 Alamofire Software Foundation (http://alamofire.org/)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

SegmentIO

The MIT License (MIT)

Copyright (c) 2016 Segment.io, Inc.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

JSONAPI

Copyright (c) 2013 Josh Holtz

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Mixapanel

Copyright 2013 Mixpanel, Inc.

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this work except in compliance with the License. You may obtain a copy of the License below, or at:

   http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Apache License

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http://www.apache.org/licenses/

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   Copyright 2016 Caterpillar Inc.

   Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.

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================================================================================

_MPTweakBindObserver.h Copyright (c) 2014, Facebook, Inc. All rights reserved.

_MPTweakBindObserver.m Copyright (c) 2014, Facebook, Inc. All rights reserved.

MPTweak.h Copyright (c) 2014, Facebook, Inc. All rights reserved.

MPTweak.m Copyright (c) 2014, Facebook, Inc. All rights reserved.

MPTweakInline.h Copyright (c) 2014, Facebook, Inc. All rights reserved.

MPTweakInline.m Copyright (c) 2014, Facebook, Inc. All rights reserved.

MPTweakInlineInternal.h Copyright (c) 2014, Facebook, Inc. All rights reserved.

MPTweakStore.h Copyright (c) 2014, Facebook, Inc. All rights reserved.

MPTweakStore.m Copyright (c) 2014, Facebook, Inc. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

* Neither the name Facebook nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND

ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE

DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

SDWebImage

Copyright (c) 2016 Olivier Poitrey rs@dailymotion.com

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS ORIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THEAUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHERLIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS INTHE SOFTWARE.

SSKeychain

Copyright (c) 2010-2016 Sam Soffes, http://soff.es

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

SVProgressHUD

Copyright (c) 2011-2016 Sam Vermette, Tobias Tiemerding and contributors.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

A different license may apply to other resources included in this package, including Freepik Icons. Please consult their respective headers for the terms of their individual licenses.

UITextView+Placeholder

The MIT License (MIT)

Copyright (c) 2014 Suyeol Jeon (http://xoul.kr)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

TOCropViewController

The MIT License (MIT)

Copyright (c) 2015-2016 Tim Oliver

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

SVWebViewControler

Copyright (c) 2011 Sam Vermette

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Reachability

Sample code project: Reachability

Version: 5.0

IMPORTANT:  This Apple software is supplied to you by Apple Inc. ("Apple") in consideration of your agreement to the following terms, and your use, installation, modification or redistribution of this Apple software constitutes acceptance of these terms.  If you do not agree with these terms, please do not use, install, modify or redistribute this Apple software.

In consideration of your agreement to abide by the following terms, and subject to these terms, Apple grants you a personal, non-exclusive license, under Apple's copyrights in this original Apple software (the

"Apple Software"), to use, reproduce, modify and redistribute the Apple Software, with or without modifications, in source and/or binary forms; provided that if you redistribute the Apple Software in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the Apple Software. Neither the name, trademarks, service marks or logos of Apple Inc. may be used to endorse or promote products derived from the Apple Software without specific prior written permission from Apple.  Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Apple herein, including but not limited to any patent rights that may be infringed by your derivative works or by other works in which the Apple Software may be incorporated.

The Apple Software is provided by Apple on an "AS IS" basis.  APPLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS.

IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Copyright (C) 2016 Apple Inc. All Rights Reserved.