BUSINESS INTELLIGENCE TERMS AND CONDITIONS
These Business Intelligence Terms and Conditions (this “Agreement”) govern your (“your,” “you”) access to data and use of certain visualization software (the “Software”) made available by Crown Equipment Corporation (“Crown”). By using the Software to access the data, analysis, and visualizations (“Visualizations”), you agree to the following terms and conditions:
1. Third Party Software. The Visualizations rely on software from a third-party business intelligence software provider (“BI Provider”). You acknowledge and agree that if Crown’s license and/or terms and conditions with such BI Provider are revised, terminated, or expire to no longer permit such access, such will constitute a “Material Change”.
2. Use.
2.1 All data provided under this Agreement must originate from Crown’s platforms (i.e. InfoLink®, FleetStats®, etc.). Crown will provide access to the Visualizations to the number of your uniquely identified users (“Users”), specified in the applicable quotation. Only your employees, contractors, or other agents who are named Users who are provided access may access the Visualizations. You are solely responsible for all acts and omissions related to your and your Users’ use of the Software and Visualizations.
2.2 You are hereby granted, subject to payment of the fees as described in the applicable quotation, and your and your Users’ compliance with the obligations herein, a limited, non-exclusive, non-transferable, non-sublicensable, terminable, right during the term specified in the applicable quotation, for your Users’ to access the Visualizations, and to copy, print or download the Visualizations solely via the functionality provided (“Reproducible Content”) and reproduce, use and adapt such Reproducible Content, in combination with content and materials belonging or licensed to you, in order to distribute, display or otherwise make available such material to your internal end-users for internal business purposes only, provided that in each case any embedded copyright notices are retained and Crown receives appropriate attribution for the Reproducible Content used.
3. Your Obligations.
3.1 You are responsible for procuring and maintaining all hardware, system software, devices, networks and telecommunications or other connectivity required to access and use the Visualizations, and you are responsible for all costs associated therewith.
3.2 You shall: (i) ensure the security of each User’s authentication credentials to the Software to access the Visualizations and (ii) not permit an individual other than the User(s) uniquely associated with particular authentication credentials to use such credentials to gain access to the Visualizations. You shall immediately notify Crown in writing (a) upon any loss, use or unauthorized disclosure, or other compromise of a User’s authentication credentials; or (b) if a User is no longer employed or associated with you such that his or her access to the Visualizations should be terminated.
3.3 BI PROVIDER SHALL HAVE NO WARRANTY, SUPPORT, OR OTHER OBLIGATIONS OR LIABILITY TO YOU AND YOUR USERS UNDER THIS AGREEMENT WHATSOEVER.
4. Termination.
4.1 Crown may terminate this Agreement (including any or all related quotations) at any time upon giving you fifteen (15) days written notice. Crown may also limit, suspend, or terminate your or any User’s access to the Visualizations immediately at any time for a Material Change. Except in the event of your material breach of this Agreement, Crown will refund you, on a prorated basis, for any prepaid fees made and unused by you as of the effective date of termination.
4.2 You may terminate this Agreement (including all related quotations): (a) if Crown fails to cure any material breach of this Agreement within thirty (30) days after written notice of such breach; (b) if Crown ceases operation without a successor; or (c) if Crown seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against Crown (and not dismissed within sixty (60) days).
4.3 Unless otherwise specified herein, termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.
5. No Warranty. CROWN PROVIDES THE VISUALIZATIONS “AS IS”. CROWN DOES NOT PROVIDE ANY WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE VISUALIZATIONS OR THE SOFTWARE.
6. Indemnification. You shall indemnify, defend, and hold Crown and its shareholders, directors, officers, employees, agents, predecessors, successors, affiliates, and assigns, from and against any claim, damages, liabilities, expenses, and costs, including reasonable attorney’s fees (“Claims”) (including any Claims by BI Provider) resulting from or relating to your and/or your User(s), or your employees, contractors, or other agent’s under your control, use of the Software or Visualizations, or breach of this Agreement. You may not settle any such Claim relating to the Software or Visualizations without Crown’s prior written consent, which shall not be unreasonably withheld.
7. Limitation of Liability. IN NO EVENT SHALL CROWN BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR COSTS OF COVER), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. CROWN’S DAMAGES ARISING OUT OF THIS AGREEMENT AND YOUR USE OF THE VISUALIZATIONS AND SOFTWARE SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO CROWN HEREUNDER IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM FOR DAMAGES.
8. Crown Audit Rights. Crown may audit your access to the Visualizations and compliance with this Agreement. If such audits disclose that you or your User(s) have accessed or permitted access to or use of the Software and/or Visualizations in a manner that is not permitted under this Agreement or other instructions made available by Crown, you shall be liable for the reasonable costs of the audit in addition to any other fees, damages and penalties Crown may be entitled to under applicable law.
9. Change in Software Provider. As of the effective date of this Agreement (as described in the applicable quotation(s), the BI Provider is Microsoft. However, Crown may choose, in its sole discretion, to utilize visualization software from a different provider in the future. In such a case you will be deemed to have agreed to undertake and assume all applicable obligations under the new provider’s terms and conditions. To the extent such new BI Provider requires you to license the software directly from them, Crown will provide you with notice by updating the terms of this Agreement, made publicly available on Crown’s website: Business Intelligence Terms and Conditions. This Agreement will continue in full force and effect with respect to the new provider’s software, unless Crown elects to require you to sign new Business Intelligence Terms and Conditions relating to such software. Crown shall notify you no later than fifteen (15) days before Crown changes providers. Notice will be provided as set forth in the quotation. Following the expiration of the fifteen (15) day period, your access to the current BI Provider’s Visualizations will cease.
10. Policies. Crown’s then-current Data Use Policy for Connected Products and Services and Privacy Policy are incorporated herein by reference. Such policies may be updated by Crown periodically as set forth therein.
Revised 9/2026